The Development of Right to Work Theories of Labour Law in Japan : A Comparative Perspective

2015 ◽  
Keyword(s):  
Comparative Perspective ◽  
Labour Law ◽  
Right To Work

scholarly journals Employer’s Decision on Organizational Change and Business Management of the Company

2021 ◽  
Vol 9 (2) ◽  
pp. 21-41
Author(s):  
Helena Barancová
Keyword(s):  
Organizational Change ◽  
Business Management ◽  
Fundamental Importance ◽  
Labour Law ◽  
Right To Work ◽  
Constitutional Right

The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer

A Holding Pattern in the Midwest

2020 ◽  
pp. 99-121
Author(s):  
Marc Dixon
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
The Other ◽  
Comparative Perspective ◽  
Magic Bullet ◽  
Right To Work ◽  
National Organizations ◽  
The 1950S

This chapter takes up right-to-work and public-sector collective bargaining legislation at the end of the 1950s and shows how they caught on in the Midwest and elsewhere over the next two decades. The chapter then considers the experience of the other two large industrial states in the region, Michigan and Illinois. While there are some notable differences within the region, such as the impressive labor–liberal coalition in Michigan, it is marked mostly by the disorganization of labor and its allies. Armed with this information, the key findings from chapters 3–5 are put in comparative perspective. While there was no magic bullet for union influence, unions succeeded when they cultivated a broad coalition or influential political allies and, importantly, when their opposition crumbled. This required the presence of unusually resourceful local activists or a push from far-sighted national organizations to overcome otherwise weak statewide organization.

The Protection of the Right to Work Through the European Convention on Human Rights

2014 ◽  
Vol 16 ◽  
pp. 313-332
Author(s):  
Virginia Mantouvalou
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Judicial Decision ◽  
Labour Law ◽  
Judicial Decision Making ◽  
Academic Literature ◽  
Right To Work ◽  
European Court ◽  
The Right

AbstractThe right to work was until recently under-explored in academic literature and judicial decision-making. Classified often as a social right, it was viewed as a non-justiciable entitlement. Today, as the right to work is sometimes used as a slogan in favour of deregulation of the labour market, as well as a slogan against immigration and unionisation, the analysis of the right to work as part of a labour law agenda is crucial. Against this background, this chapter examines the right to work in the European Convention on Human Rights. Even though the right to work is not explicitly protected in the ECHR, the chapter identifies in the case law of the European Court of Human Rights certain principles that underpin the right to work, which can serve as guidance in the interpretation of existing provisions of the Convention.

Why Is It So Difficult to Reform Collective Labour Law? Associational Power and Policy Continuity in Chile in Comparative Perspective

2020 ◽  
pp. 1-25
Author(s):  
Pablo Pérez Ahumada
Keyword(s):  
Collective Bargaining ◽  
Comparative Perspective ◽  
Labour Law ◽  
Pinochet Dictatorship

Abstract Since Chile returned to democracy in 1990, centre-left governments have tried to reform the provisions on collective bargaining, strikes and unions established by the Pinochet dictatorship. Between 2015 and 2016 President Michelle Bachelet made the latest attempt to reform them. Despite favourable conditions, the changes were modest. This article explains why this is so. Drawing upon the notion of ‘associational power’ and through comparisons with labour reforms in Argentina, Brazil and Uruguay, this article suggests that the imbalance between workers’ and employers’ collective power is key for explaining why pro-labour reforms fail.

Answers to the New trade union strategies for new forms of employment questionnaire

2019 ◽  
Vol 10 (3) ◽  
pp. 271-280
Author(s):  
Samuel Engblom ◽  
Magnus Lundberg
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Occupational Safety ◽  
Occupational Safety And Health ◽  
Comparative Perspective ◽  
Labour Law ◽  
Safety And Health ◽  
Health Regulations ◽  
Do So

The personal scope of Swedish labour law is almost exclusively defined by the concept of the employee. Few workers other than employees are covered. From a comparative perspective, the Swedish concept of employee is rather wide, and the exemptions from the personal scope are few. There are no intermediary categories between employees and self-employed workers, but the scope of e.g. some occupational safety and health regulations is extended to cover some self-employed workers. Swedish trade unions are allowed to organise self-employed workers and many unions do so. There are some examples of collective bargaining agreements covering or regulating the conditions of self-employed workers.

scholarly journals INTERNATIONAL STANDARDS REGULATING LABOUR OF UNDERAGE WORKERS

10.23856/4623 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 179-189
Author(s):  
Anna Sydorenko ◽  
Inna Polkhovska
Keyword(s):  
Children's Rights ◽  
Legal Regulation ◽  
Child Labour ◽  
International Standards ◽  
Children’S Rights ◽  
The European Union ◽  
Labour Law ◽  
Right To Work ◽  
Labour Legislation ◽  
The Right

The paper presents an analysis of the international standards governing child labour. It is determined that the right to work is every able-bodied person’s inalienable and indispensable right. Under current conditions of social development, the issues of legal regulation of labour of specific categories of workers are becoming of vital importance. It is proved that their regulation is based on differentiation which is defined by the extension of children rights. It is researched that in legislation of most countries, regulation of child labour is allocated in a separate institute whose rules, to a greater extent, correspond to international standards. It is determined that all countries should take measures to protect children’s rights and freedoms in the exercise of their right to work. It is proved that the acts of the European Union contain a specified list of children’s rights which should be the basis for developing and enhancing national labour legislation. It is determined that labour law, as well as any field of law, is distinguish by unity and differentiation. Unity is characterized by spreading labour law rules for all workers without exception, and differentiation of legal regulation of labour is characterized by the specification of the rules governing labour of specific categories of workers. It is investigated that differentiation of child labour is based on a subjective feature and is determined by the age, physiological, psychological and social factors. It is determined that differentiation of labour of this category of workers implies providing them with additional social and labour guarantees, as well as the use of restrictions and prohibitions when performing certain types of work. It was researched that the main criterion for child labour is differentiation of their age and working conditions. Their basic requirements are established by international rules and implemented in the national legislation.

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