The Protection of Working Relationships. A Comparative Study (Studies in Employment and Social Policy Series) (The Studies in Employment and Social Policy)

In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. The International Labour Organisation (ILO) has responded with its Recommendation 198, which asks its Members to undertake action to reduce “disguised” employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are – from a legal approach – two conceptually different phenomena, they are closely related from a social policy point of view. In order

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Gender Myths v. Working Realities: Using Social Science to Reformulate Sexual Harassment Law

Both the courts and the public seem confused about sexual harassment—what it is, how it functions, and what sorts of behaviors are actionable in court. Theresa M. Beiner contrasts perspectives from social scientists on the realities of workplace sexual harassment with the current legal standard. When it comes to sexual harassment law, all too often courts (and employers) are left in the difficult position of grappling with vague legal standards and little guidance about what sexual harassment is and what can be done to stop it. Often, courts impose their own stereotyped view of how women and men “ought” to behave in the workplace. This viewpoint, social science reveals, is frequently out of sync with reality.As a legal scholar who tak

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New European Approaches to Long-term Unemployment (Studies in Employment and Social Policy)

A number of studies have shown that long-term unemployment is not only personally damaging in loss of immediate earnings, but that it also severely affects future employment prospects. One study showed that a spell of one month, on average, permanently reduces earnings by 1%, a spell of six months by 5%, and a spell of one year by 11%. As a result of alarming figures such as these, several leading European employment experts have begun to focus research pertaining to the overall European Employment Strategy on developing measures designed to address the special issues of long-term unemployment. This ground-breaking book presents incisive studies by sixteen leading academics, labour policymakers, employment services professionals, and employ

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Changing Institutional Face of British Employment Relations (Studies in Employment and Social Policy Set)

Employment protection in Britain, once seen as resting on collective bargaining supported by public policy, has increasingly come to be framed in terms of individual legal rights, enforceable before judicial forums such as employment tribunals. This dramatic shift towards juridification of the individual employment relationship has not only contributed towards significant changes to the institutional `landscape of employment relations in Britain, but also carries important implications for the future of employment law and regulation in `the home of collective bargaining . This comprehensive evaluation of current institutional reality and trends prepared to mark the 30th anniversary of the Advisory Conciliation and Arbitration Service (A

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Charter of Social Rights of the Council of Europe (Studies in Employment and Social Policy)

The legal term “social rights” refers to the specific human rights addressed by labour law and social security law. On the European continent, these rights are protected not only by domestic law, but also by the European Social Charter of the Council of Europe of 1961, its three additional protocols (1988, 1991, and 1995), and the Revised European Social Charter of 1996. These instruments comprise a fundamental international treaty which not only specifies the relevant rights but also includes an array of supervisory mechanisms to monitor compliance, a regulatory role undertaken by the European Committee of Social Rights. This important book offers an in-depth analysis of the substantive and procedural issues

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Comparative Labour Law and Industrial Relations in Industrialized Market Economies

Comparativism is no longer a purely academic exercise but has increasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organizations aspiring to harmonize rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclopaedia for Labour Law and Industrial Relations, in which more than 70 international and national monographs have thus far been published. This book, Comparative Labour Law and Industrial Relations in Industrialized Market Economies, goes a st

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