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The Sources of Labour Law

Edited by: Tamás Gyulavári, Emanuele Menegatti

ISBN13: 9789403502847
Published: December 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £115.00

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The Sources of Labour Law, the first-ever to consider the sources of labour law from a comparative perspective, outlines the relevant sources of labour regulation, starting from statutory law, down to collective bargaining and individual agreements. Labour law has traditionally aimed to protect the employees under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation, in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. The underlying aim of this book is to map tendencies tangible all over the world in relation to recent transformations of labour law sources and their hierarchical order.

What’s in this book:

This book details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The analysis of the changing hierarchy of labour law sources in light of recent trends includes such elements as the following:

  • the constitutional dimension of labour rights;
  • the normative intervention by the State;
  • the regulatory function of collective bargaining and agreements;
  • the hierarchical organization of labour law sources and the ‘principle of favour’;
  • the role played by case law in both common law and civil law countries;
  • the impact of the European Economic Governance;
  • decentralization of collective bargaining;
  • employment conditions as key components of global competitive strategies;
  • statutory schemes that allow employees to sign away their rights.
National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulation in each legal system with an emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe.

Employment Law
CHAPTER 1. Introduction: Recent Trends in the Hierarchy of Labour Law Sources
Tamás Gyulavári & Emanuele Menegatti
PART I. Horizontal Issues
CHAPTER 2. Recalling Some of the Historical Roots for Twenty-First Century Approaches to Regulation of the World of Work
Alan C. Neal
CHAPTER 3. The Regulatory Function of Collective Agreements in the Light of Its Relationship with Statutory Instruments and Individual Rights: A Multilevel Approach
Edoardo Ales
CHAPTER 4. Judge-Made Law in the Common Law World: A Conservative Influence on the Transformation of Labour Law by Statute
Joellen Riley Munton
CHAPTER 5. Filling the (Increasing) Gaps: The Role of Judges as Substitute Legislators in Labour Law in the Civil Law Countries
Martin Risak
CHAPTER 6. The Impact of the European Union Economic Governance on the Hierarchy of National Labour Law Sources
Emanuele Menegatti
PART II. National Reports
CHAPTER 7. Australia’s Layered and Evolving System of Labour Regulation
Andrew Stewart & Mark Bray
CHAPTER 8. The (Once) Radical Continuities of Brazil Labor Regulation
Jedidiah Kroncke
CHAPTER 9. Multilayers and Complexity of Chinese Labour Laws Sources
Dong Yan
CHAPTER 10. The Danish Struggle to Maintain the Primacy of Collective Bargaining
Christian Højer Schjøler
CHAPTER 11. The Tremendous Upheaval in Sources of Labour Law in France
Isabelle Daugareilh
CHAPTER 12. The Sources of German Labour Law
Manfred Weiss
CHAPTER 13. The Hungarian Experiment to Promote Collective Bargaining: Farewell to ‘Principle of Favour’
Tamás Gyulavári
CHAPTER 14. The Precarious Balance among Hierarchy, Coordination and Competition in the Italian System of Labour Law Sources
Iacopo Senatori
CHAPTER 15. Collective Bargaining in the Shadow of Legislation: Labour Law Sources in Poland
Lukasz Pisarczyk
CHAPTER 16. Law in Transformation: The Evolution of the System of Labour Law Sources in Russia – Tensions and Opportunities
Olga Rymkevich
CHAPTER 17. Spain: A Lasting Struggle about the Boundaries of Statutory Law and Collective Bargaining
José Maria Miranda Boto
CHAPTER 18. Sources of Labour Law in Sweden
Jenny Julén Votinius
CHAPTER 19. Collective Agreements on the Crest of the Legislative Wave, but the Common Law Still Making Ripples: The Sources of Labour Law in South Africa
Rochelle Le Roux
CHAPTER 20. The Informing Ethos Behind the Sources of UK National Labour Law
Michael Doherty & David Mangan
CHAPTER 21. Sources of Labor Law in the United States: Contract Supra Omnis
Paul Secunda

Series: Studies in Employment and Social Policy Series

Regulating Strikes in Essential Services: A Comparative 'Law in Action' Perspective ISBN 9789041189974
Published November 2018
Kluwer Law International
Sustainable Development, Global Trade and Social Rights ISBN 9789041192356
Published March 2018
Kluwer Law International
The Right to Strike: A Comparative View
Edited by: Bernt Waas
ISBN 9789041150073
Published September 2014
Kluwer Law International
Non-Public Actors in Social Security Administration: A Comparative Study ISBN 9789041149176
Published October 2013
Kluwer Law International
Health and Safety at Work: European and Comparative Perspective ISBN 9789041146618
Published June 2013
Kluwer Law International
The Protection of Working Relationships: A Comparative Study ISBN 9789041132895
Published March 2011
Kluwer Law International
The European Social Dialogue Under Articles 138 and 139 of the EC Treaty ISBN 9789041127440
Published June 2008
Kluwer Law International