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Vol 21 No 11 Nov/Dec 2016

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Multinational Human Resource Management and the Law: Common Workplace Problems in Different Legal Environments

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ISBN13: 9781782548201
Published: March 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £35.00
Hardback edition , ISBN13 9781781004111



Despatched in 4 to 6 days.

Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States.

The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world. Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.

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Subjects:
Employment Law
Contents:
PART I: INTRODUCTION
A. Sketches of Five Labor and Employment Law Systems
B. Some Demographic Context

PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION
Introduction
Directive 2002/14 EC [Information Sharing and Consultation]
Problem 1: Collective Bargaining and a New 'Greenfield' Facility
Problem 2: Restructuring Workplace Operations
Problem 3: Consultation on 'Eco-friendly' Issues

PART III: DISCRIMINATION IN EMPLOYMENT
Problem 4: Shift to Part-time Workers A Note on the Casualization of Work
Problem 5: Request to Pray Three Times a Day
Problem 6: Hiring a Woman Who is Pregnant

PART IV: PRIVACY, DIGNITY, AND AUTONOMY A Note on the Concept of Personality
Problem 7: Background Checks
Problem 8: Video Cameras and Monitoring in the Workplace Directive 95/46 EC [Data Protection]
Problem 9: Dating Policy A Note on Dignity: The Case of Captive Audition

PART V: WRONGFUL DISCHARGE A Note on Wrongful Discharge Litigation
Problem 10: Outsourcing Abroad
Problem 11: 54 year Old 'Underperforming' Salesman
Problem 12: Critical Blog Comments Posted by an Employee
Problem 13: Confidential Securities Hotline A Concluding Note on Alternate Dispute Resolution

PART VI: COMPENSATION AND BENEFITS ADMINISTRATION
Problem 14: Share Ownership and Common Supplementary Pension Scheme
Problem 15: Pay for Members of a Virtual Team
Problem 16: Government Imposed Executive Compensation Restrictions
Problem 17: Non-competition and Confidentiality Agreement

PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS
Problem 18: Requested Waiver of Inspections
Problem 19: Global Safety
Problem 20: Zero Tolerance Policy
Problem 21: Signing an International Framework Agreement

PART VIII: IN LARGER COMPARATIVE CONTEXT
A. Legal Origin, Legal Family
B. Legal Culture
C. Political Economy: Varieties of Capitalism
D. National Values
E. Legal Transmission and Transplantation
F. The Diffusion of Corporate Culture and Managerial Practice
G. Implications for Policy and Practice