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Enterprise and Social Rights

ISBN13: 9789041182340
Published: July 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £154.00

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Enterprise and Social Rights is the first book to focus on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective. It underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality, extreme worker inequalities and social dumping have become ubiquitous worldwide. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular, the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts.

What’s in this book:

In their contributed chapters, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation analysing such aspects as the following:

  • labour-management relations issues that arise when companies go global but workers remain local;
  • the firm as a social construction;
  • the continuing necessity for collective bargaining;
  • concealment of the employment relationship under the guise of self-employment;
  • concealment of the real employer behind figureheads and shell companies;
  • social welfare effects of outsourcing;
  • the company’s interaction with the network of suppliers and with local education processes;
  • determining who actually carries responsibility towards workers;
  • overcoming companies’ drive to enter the global market in response to national regulation;
  • realizing the notion of ‘duty of care’;
  • mechanisms of participation of workers in the management of the enterprise; and
  • the persistent limitations that women face in the workplace, even when worker participation is advocated.
  In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important chapters propose a view of the enterprise as a factor in a new ‘constitutionalization’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality.

How this will help you:

As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be useful to entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and it will be welcomed by academics and researchers in industrial relations and labour law.

Employment Law
Introduction Adalberto Perulli

Part I The Enterprise Labour and Commercial Law Analysis
Chapter 1 Law, Enterprise and Employers Antoine Lyon-Caen
Chapter 2 The Contractual Theory of the Firm and Some Good Reasons for Regulating the Employment Relationship Francesco Denozza

Part II Enterprise Transformations, Externalization Process and Productive Decentralization
Chapter 3 Productive Decentralization: An International and Comparative Perspective Jean-Michel Servais
Chapter 4 Enterprise Transformations, Externalization Processes and Productive Decentralization Adrián Goldin
Chapter 5 Lost in Externalisation: A Regulatory Failure of Labour Law? Riccardo Del Punta
Chapter 6 Multinational Firms and Local Development: How Global Value Chains Can Sustain Industrial Commons Mariachiara Barzotto, Giancarlo Corò & Mario Volpe

Part III Enterprise-Network and Enterprise-Groups: Trends and National/International Experience
Chapter 7 Enterprise-Network and Enterprise-Groups: Trends and National/International Experiences The Duty of Care Sheldon Leader
Chapter 8 Enterprise Networks and Enterprise Groups Orsola Razzolini
Chapter 9 Groups of Companies and Employment Contracts Valerio Speziale

Part IV Enterprise in the Collective Bargaining Process
Chapter 10 Collective Bargaining at the Transnational Level Giuseppe Casale
Chapter 11 Japan’s Decentralized Industrial Relations, Internal Flexicurity, and Challenges Japan Faces Takashi Araki

Part V Enterprise in EU Law
A. Enterprises and the Courts
Chapter 12 The Enterprise, Labour and the Court of Justice Jeff Kenner
Chapter 13 Appeals for Constitutional Protection "Recurso de Amparo" Fernando Valdés Dal-Ré
B. Workers Participation in the Enterprise: Information and Consultation Rights, Codetermination Dynamics and Firms Welfare
Chapter 14 Workers Participation in the Firm: Trends and Insights Tiziano Treu
Chapter 15 Workers’
Participation in the Enterprise in Germany Manfred Weiss
Chapter 16 Workers Participation in the Enterprise: Welfare and Quality of Work Agar Brugiavini

Part VI The ‘Constitutionalisation’ of the Firm: Multinational Regulations in the Global Context between Hard and Soft Law
Chapter 17 The ‘Constitutionalisation’ of the Firm: The Corporation as a Legal System Andrea Pin
Chapter 18 The Theories of the Firm between Economy and Law Adalberto Perulli