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Vol 21 No 9 Sept/Oct 2016

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Fundamental Social Rights at Work in the European Community

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Alan C. NealUniversity of Leicester

ISBN13: 9780754620549
ISBN: 0754620549
Published: April 2001
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

A consideration of one of the most important questions that an employment judge could be asked - namely, to identify the fundamental rights of workers. The book is the result of a conference on the subject, and contains input from employment judges from the Member States of the European Union and also from members of the European Economic Area.;The result is a synthesis of the views of all these different people. Although the traditions and experience of judges from different countries are very different, their views of what is just and what is ""fundamental"" are very similar. This demonstrates that there is a common European experience, possibly even a common universal experience, of what is and is not ""just"".;The results are by no means complete, but hope to amount to a framework from which some European Declaration could emerge which would not just be a pious aspiration but a genuine statement of principle with which all true Europeans would agree.

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Part 1: stimulating the debate over fundamental social rights at work in the European Community; the report of the Comite des Sages - ""for a Europe of civic and social rights""; social rights recognized in international law, in national constitutions and laws, and in community law; security of employment and freedom to dismiss; exploitation of workers; discrimination; rights of association (trade union freesom) and collective bargaining; summary of conclusions.
Part 2: declaration of Philadelphia 1944; Universal Declaration of Human Rights (1948); ILO convention No.
29 concerning forced or compulsory labour (1930); ILO Convention No.
87 concerning freedom of association and protection of the right to organize (1948); ILO Convention No.
98 concerning the application of principles of the right to organize and to bargain collectively (1949); ILO Convention No.
100 concerning equal remuneration for men and women workers for work of equal value (1951); ILO convention No.
105 concerning the abolition of forced labour (1957); ILO Convention No.
111 concerning discrimination in respect of employment and occupation (1958); ILO Convention No.
138 concerning minimum age (1973); ILO declaration on fundamental principles and rights at work and its follow-up (1998); Council of Europe, convention for protection of human rights and fundamental freedoms 1950 (Rome Convention); Protocol No.
2 to the convention for the protection of human rights and fundamental freedoms, conferring upon the European Court of Human Rights competence to give advisory opinions; European Social Charter (1961).