Suchergebnisse

It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. There is no doubt that anyone attempting to predict the probable developments by presenting hypotheses regarding these developments runs the risk of making errors. Especially the impossibility to guarantee the relevancy of the chosen parameters and a correct evaluation of the nature of their relations could lead to erroneous predictions. The same applies when one has the ambition to pronounce oneself on the future of institutions, structures or procedures laid down in and protected by law.0The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law. Those objectives are achieved by developing the following four themes: the existential relation between labour law, the labour market and social competition; the historical tie between labour law and human dignity; the relationship between labour law, market law and (social) competition law; and finally the risk of a renewed contestation of the dignity of working people.0The aim of this book is to provide intellectually challenging ideas for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.--Back cover

The process of de-juridification is, in some respects, ambiguous and paradoxical. While in certain areas, we see a proliferation of detailed legislative regulations, in others, we detect tendencies pointing in the opposite direction. One of the most interesting cases is that of labor law, where both tendencies emerge. Recent reforms in many European countries show a trend towards a relaxation of rules, inspired by the aim to stimulate growth in employment. In this context, the newly-introduced concept of "joint employment" plays a pivotal role. The process of de-juridification clearly invests labor law, in particular within enterprise networks, where arrangements under joint employment seem to give the parties of a commercial contract the highest standard of contractual freedom. This social phenomenon is not therefore regulated by detailed legislative provisions, but simply through non-specific norms inspired by general goals. In considering several recent reforms of labor law in European countries, in this paper, we aim to determine the real level of de-juridification currently present within traditionally rigid legislative systems

Der Artikel beschäftigt sich mit der Bedeutung einer einheitlichen Arbeitsgesetzgebung und sozialpolitischer und tarifpolitischer Regelungen in Europa nach 1992, und stellt die Frage, ob ein "soziales Europa" eine Vereinheitlichung der "industrial relations" erfordert. (IAB2)

Paper proposed highlights the experience of Qatar's labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account.
Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed.
Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer.
Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.