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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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The European Social Charter and the Employment Relation

Edited by: Niklas Bruun, Klaus Lorcher, Isabelle Schomann, Stefan Clauwaert

ISBN13: 9781509906321
Published: January 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

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This collection addresses the potential of the European Social Charter to promote and safeguard social rights in the European Union.

Drawing on the expertise of Transnational Trade Union Rights members from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers a new legal analysis of the role of the Council of Europe and the Secretary of the European Committee of Social Rights in the promotion of social and workers' rights.

This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial.

The collection will stimulate academic scrutiny and raise awareness amongst practitioners and trade unions about the necessary anchor of the social dimension of the European Union in legal and political practice.

Employment Law
Part I: General Part
The European Social Charter as the Social Constitution of Europe Olivier De Schutter
Interpretation Klaus Lörcher
Implementation: Article I Teun Jaspers
Restrictions: Article G Aristea Koukiadaki
The Charter's Supervisory Procedures Stefan Clauwaert

Part II: Specific Article
Article 1: The Right to Work Simon Deakin
Article 2: The Right to Just Conditions of Work Klaus Lörcher
Article 3: The Right to Safe and Healthy Working Conditions Klaus Lörcher
Article 4: The Right to a Fair Remuneration Zoe Adams and Simon Deakin
Article 5: The Right to Organise Antoine Jacobs
Article 6: The Right to Bargain Collectively: A Matrix for Industrial Relations Filip Dorssemont
Article 7: The Right of Children and Young Persons to Protection Isabelle Schömann
Article 8: The Right of Women to Maternity Protection Csilla Kollonay-Lehoczky
Article 15: The Right of Disabled Persons to Vocational Training, Rehabilitation and Resettlement Isabelle Schömann
Article 19§4: The Right of Migrant Workers and Their Families to Protection and Assistance Stefan Clauwaert
Article 20: The Right to Equal Opportunities and Equal Treatment in Matters of Employment and Occupation without Discrimination on The Grounds of Sex Csilla Kollonay-Lehoczky
Article 21: The Right to Information and Consultation Bruno Veneziani
Article 22: The Right to Take Part in the Determination and Improvement of the Working Conditions andWorking Environment Niklas Bruun
Article 24: The Right to Protection in Cases of Termination of Employment Mélanie Schmitt
Article 26: The Right to Dignity at Work Csilla Kollonay-Lehoczky
Article 27: The Right of Workers with Family Responsibilities to Equal Opportunities and Equal Treatment Isabelle Schömann
Article 28: The Right of Workers' Representatives to Protection in the Undertaking and Facilities to Be Accorded to Them Niklas Bruun
Article 29: The Right to Information and Consultation in Collective Redundancy Procedures Bruno Veneziani
Article E: Non-Discrimination Csilla Kollonay-Lehoczky
Conclusions-The Potentials for the Charter to be Used Niklas Bruun, Klaus Lörcher, Isabelle Schömann and Stefan Clauwaert