Corporate Restructuring and the Role of Labour Law

Corporate Restructuring and the Role of Labour Law PDF

Author: Roger Blanpain

Publisher: Springer

Published: 2003-01-15

Total Pages: 226

ISBN-13:

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This bulletin presents a comparative analysis of the degree of worker protection available today in nine countries in the event of corporate restructuring. The countries are France, Germany, the United Kingdom, the United States, Australia, China, Japan, Korea, and Taiwan. Each of the papers, presented by a noted industrial relations scholar from the country in question, proceeds from a summary of the national legal framework governing corporate restructuring, through the succession of employment contracts, to an analysis of such major components of the problem as justification of economic dismissals and changes in terms and conditions of employment. Specific topics covered in each analysis include the following: special legislation covering transfer of undertakings treatment of insolvent corporations economic dismissals before and after corporate restructuring transfer of workers in lieu of dismissal the role of labour unions and works councils The authors pay particular attention to the effectiveness of employee protection legislation such as the EC Transfer of Undertaking Directive (and its implementation by Member States) and Japan's Labour Contract Succession Law and, in the case of the United States, the virtual absence of such legislation. These papers were originally presented at the Sixth Tokyo Seminar (March 2002) of the Japan Institute of Labour. Their penetrating individual analysis and revealing comparative perspective is sure to help policymakers, lawyers, academics, and other specialists in industrial relations find a way forward in this important area that recognizes the best interests of both employers and employees.

Changing Industrial Relations & Modernisation of Labour Law

Changing Industrial Relations & Modernisation of Labour Law PDF

Author: Marco Biagi

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 500

ISBN-13: 9041120084

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Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.

Global Business Workforce Restructuring

Global Business Workforce Restructuring PDF

Author: Raymond Jeffers

Publisher:

Published: 2004

Total Pages: 0

ISBN-13: 9789041122414

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Contains answers by experts to a series of questions based on a fictional case study of an international business which wants to buy or sell a company, or change its operations, in a given country. The questions are chiefly about the business's relations with its employees.

The Notion of Employer in the Era of the Fissured Workplace

The Notion of Employer in the Era of the Fissured Workplace PDF

Author: Roger Blanpain

Publisher: Kluwer Law International

Published: 2017

Total Pages: 0

ISBN-13: 9789041184702

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The word?fissured? aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This book tackles these questions and more, with thoroughly researched reports from ten of the world?s leading market-driven economies? Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States.

Restructuring in the New EU Member States

Restructuring in the New EU Member States PDF

Author: Marie-Ange Moreau

Publisher: Peter Lang

Published: 2008

Total Pages: 236

ISBN-13: 9789052014562

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This book presents a series of extremely stimulating analyses of the process of corporate restructuring in the new Member States of the EU. Particularly noteworthy is the book's focus on the Central and Eastern European Countries (CEECs) that have joined the EU since 2004, an area which has not been prominent in the research on corporate restructuring conducted in Western Europe in the last twenty years. As with their Asian counterparts, these States have generally been perceived as a threat to employment in Western Europe due to the former's benefiting from outsourcing away from the latter. By moving east, the book allows for a different perspective on the restructuring process, by placing it in the context of both Europe and the numerous changes affecting the CEECs. The book seeks to understand the impact of European- and national-level policies on the concept of restructuring, the role of the «acquis communautaire», and the place of social and political actors in the process of change in the context of new Member States, where multinational firms have developed mobility and establishment strategies within the context of broader European and global ones. The density of this collection, its wealth in terms of substantive teachings, and its use of a comparative and multidisciplinary approach that links law, political science, sociology and economics make it an essential resource for those wishing to understand restructuring in the European space after the enlargements of 2004 and 2007 and the impact of European policies and the European Social Model.

Employment Relations in the 21st Century

Employment Relations in the 21st Century PDF

Author: Valeria Pulignano

Publisher: Kluwer Law International B.V.

Published: 2019-11-07

Total Pages: 295

ISBN-13: 9403518200

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It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

Workforce Restructuring in Europe

Workforce Restructuring in Europe PDF

Author: Miller Rosenfalck LLP

Publisher: Bloomsbury Publishing

Published: 2016-05-03

Total Pages: 1027

ISBN-13: 1784512281

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The brand new title that provides practical employment law guidance on HR restructuring matters across 30 European jurisdictions. Offering straightforward information on issues which are commonly faced by businesses during various kinds of restructuring, it looks at: the reorganisation of a workplace or group of companies; downsizing or closure of a business; restructuring due to relocation; and when outsourcing is being considered. The book assists readers to focus on what needs to be done 'now' as well as to plan for the timing, consultation, costs, morale implications and processes involved in each stage of the restructure. Individual 'State' chapters aid practical comparison These scenarios are examined across the 28 EU member states plus Norway and Switzerland, each in their own chapter, to allow for practical comparison across various jurisdictions. An introductory chapter on EU minimum standards helps the reader to place each country within the context of EU law. Each chapter follows the same template to allow for easy comprehension of how to approach the same issue across borders. They cover: -Employment Status -Process for individual redundancies -Process for collective redundancies -Works Council and consultation requirements -Employment implications of business transfers -Unilateral and mutually agreed changes to terms and conditions of employment Local status of legislation and case law To keep the book user-friendly, legislation and case law are addressed in such a way that presents the current local primary and secondary status of each, without excessive use of unnecessary citations. Who should consider buying this book? This is an essential title for all employment law practitioners and HR specialists who work for, or advise, businesses that have offices in multiple European states.

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