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(Ebook) European Labour Law 2nd edition by Brian Bercusson ISBN 9780521613507 0521613507

  • SKU: EBN-1947600
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Instant download (eBook) European Labour Law (Law in Context), 2nd edition after payment.
Authors:Brian Bercusson
Pages:764 pages.
Year:2009
Editon:2
Language:english
File Size:4.16 MB
Format:pdf
ISBNS:9780511651144, 9780521613507, 0511651147, 0521613507
Categories: Ebooks

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(Ebook) European Labour Law 2nd edition by Brian Bercusson ISBN 9780521613507 0521613507

(Ebook) European Labour Law  2nd edition by Brian Bercusson - Ebook PDF Instant Download/Delivery: 9780521613507, 0521613507
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Product details: 

ISBN 10:  0521613507

ISBN 13: 9780521613507

Author:  Brian Bercusson

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.

Table of contents: 

PART I

1 A brief history of labour law

Collective laissez-faire – the 1950s

The demise of collective laissez-faire - the 1960s and 1970s

Promoting workers' rights

Managing the economy

Reducing the number of strikes

Individualism and deregulation - the 1980s and early 1990s

Protecting workers' rights: individualism

Tackling strikes

Reducing burdens on business

Promoting workers' rights: EC law

Conclusion

'The third way' - 1997 to the present

Studying labour law today

Further reading

2 Economics perspectives on labour law

What do economists do?

Microeconomics

Markets

Labour markets

Labour law: two schools of thought

Neoclassical economics

New institutional economics

Macroeconomics

Productivity

Unemployment

The role of economics perspectives

Further reading

3 Human rights perspectives on labour law

A brief overview of human rights

Historical development

Types of rights

Civil and political rights

Economic and social rights

International human rights instruments and domestic law

Interpreting rights

Right-holders

Rights against whom?

Scope

Weight

Further reading

4 Modes of regulation

International and regional regulation

The International Labour Organization

The European Social Charter

The European Convention on Human Rights

The European Union

What role for national law?

Modes of regulation within national law

Further reading

PART II

5 Who is protected by employment law?

Typical and atypical workers Economics perspectives

Rights perspectives

The scope of employment law

Employees

Workers

Self-employed people

Why does it matter?

Atypical workers have other problems too

The scope of employment law - an issue to remember

Further reading

6 Working time

Economics perspectives

The working week

Leave

Rights perspectives

Hours and holidays

Leave

The law on working time

Rules applicable to all

Rules applicable to workers with family responsibilities

Further reading

7 Discrimination

Economics perspectives

Arguments against legal intervention

Arguments which might support legal intervention

Rights perspectives

Who is protected?

What constitutes discrimination?

Can discrimination ever be justified?

English law

Who is protected?

What constitutes discrimination?

Can discrimination ever be justified?

8 Further reading

Wages

Economics perspectives

Minimum wages

Equal pay

Rights perspectives

Minimum wages

Equal pay

English law

The national minimum wage

Entitlement and enforcement

The rate

Equal pay

Eligibility and enforcement

Employers' defences

Further reading

9 Dismissal

Economics perspectives

Arguments against regulation

Arguments in favour of regulation

Rights perspectives

English law

Eligibility to claim

Controls over the employer's reason for dismissal

Controls over the employer's procedures

Remedies

Further reading

10 Collective representation

Rights perspectives

Collective bargaining

Consultation

Economics perspectives

Economic arguments against worker participation

Economic arguments in favour of worker participation

The law on collective bargaining

The law on consultation

Further reading

11 Trade union membership

Rights perspectives

Freedom of association and employers

Freedom of association and unions

Can an individual be compelled to join a union?

Can unions set their own membership criteria?

Can unions compel their members to participate in union

activities?

Economics perspectives

Freedom of association as against employers

Discrimination against trade unionists

Access to employment

During employment

Dismissal

Duties to support union activities

Freedom of association between workers and trade unions

Compulsory trade union membership

Trade union rules on membership

Union discipline and expulsion

Further reading

12 Industrial action

Rights perspectives

Economics perspectives

The law on trade unions and strike organisers

The law on individual strikers

Further reading

What next?

The economic and social context

The international dimension

The EU

The UK

The perspectives revisited

Index

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Tags: Brian Bercusson, European Labour Law

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