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Vol 22 No 7 July/August 2017

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Regulation of Fixed-Term Employment Contracts: A Comparative Overview

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ISBN13: 9789041133564
Published: October 2010
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £84.00



Despatched in 11 to 13 days.

In recent decades enterprises worldwide have reaped the advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed-term employment contracts are written, applied, and interpreted. This important book – which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on March 8th and 9th, 2010 – details the regulatory approaches to fixed-term contracts in major industrial jurisdictions in Asia and Europe, providing an opportunity to explore normative directions for labour law and policy in the age of a diversified workforce.

Nine knowledgeable and experienced contributors describe and analyse the legal status of fixed-term employment contracts (including relevant case law) in Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan. Among the central issues examined are the following:

  • how four EU Member States apply the 1999 directive on fixed-term work;
  • legal consequences of violation of regulations on fixed-term employment contracts;
  • exceptions for certain groups of workers;
  • permissibility of derogation by collective agreements;
  • circumstances under which law on dismissal may be applied to an employer’s refusal to renew a fixed-term contract;
  • equal treatment between workers on fixed-term contracts and those on open-ended contracts;
  • problems fixed-term workers may face in the country’s social security system; and
  • regulation of reasons for concluding fixed-term contracts.
Each author takes into account evaluations from scholars, policymakers, and stakeholders to his or her country’s regulatory approach to fixed-term employment contracts, revealing an array of responses ranging from a view that such contracts enhance employment opportunities in society to advocating suppression of their use as inherently abusive and discriminatory.

The combined effect of these nine essays is to greatly increase our awareness of the nature of fixed-term employment contracts, from their fundamental value as social policy instruments to their inextricable connection with the law of dismissal. The book sets the stage for deeper and more firmly grounded work that promises to elucidate the underlying pattern of a new employer-employee relationship emerging on a worldwide scale.

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Subjects:
Employment Law

Series: Bulletin of Comparative Labour Relations

China and ILO Fundamental Principles and Rights At Work
Edited by: Roger Blanpain
ISBN 9789041149848
Published January 2014
Kluwer Law International
£84.00
£84.00
Labour Law between Change and Tradition: Liber Amicorum Antoine Jacobs ISBN 9789041134240
Published May 2011
Kluwer Law International
£84.00
Rethinking Corporate Governance: from Shareholder Value to Stakeholder Value ISBN 9789041134509
Published March 2011
Kluwer Law International
£100.00
Seafarers Rights in the Globalized Maritime Industry ISBN 9789041133496
Published September 2010
Kluwer Law International
£84.00
European Works Councils: Euro Directive 2009/38/EC of 6 May 2009 ISBN 9789041132086
Published November 2009
Kluwer Law International
£98.00
Employment Policies and Multilevel Governance
Edited by: Roger Blanpain
ISBN 9789041128669
Published April 2009
Kluwer Law International
£93.00
New Developments in Employment Discrimination Law ISBN 9789041127822
Published October 2008
Kluwer Law International
£99.00
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
Edited by: Roger Blanpain
ISBN 9789041124531
Published March 2006
Kluwer Law International
£106.00
Women in Academia and Equality law: Aiming High - Falling Short
Edited by: Roger Blanpain
ISBN 9789041124272
Published March 2006
Kluwer Law International
£94.00
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
£89.00
Employee Rights in Bankruptcy
ISBN 9789041119421
Published October 2002
Kluwer Law International
£64.00
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
£91.00
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
£128.00
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
Kluwer Law International
£128.00
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
Kluwer Law International
£128.00
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
£133.00
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
£72.00
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
£131.00
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
£67.00
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
£88.00
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
£126.00
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
£85.00
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
£107.00
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
£93.00
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
£111.00
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
Kluwer Law International
£98.00