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The Role of the State and Industrial Relations

ISBN13: 9789403506616
Published: October 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £103.00

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The Role of the State and Industrial Relations, using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa and India), reconstructs the general framework of global industrial relations considering challenges and future prospects and proposing a new agenda for the state. The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the “creeping renationalization” that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. In the globalized word, with the internationalization of the economy and increasing competitive pressures, industrial relations are developing in new directions. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state.

What’s in this book: Analyzing industrial relations systems from international, supranational, European and national points of view—and with an interdisciplinary approach connecting labor law, commercial law, corporate governance and international law—this one-of-a-kind book examines such salient aspects of the subject as the following:

  • cooperative versus conflictual industrial relations systems;
  • phenomenon of constitutionalization of power by multinational enterprises;
  • competitive, illiberal and protectionist patterns of state regulation
  • freedom of association and industrial relations
  • potential power of transnational collective bargaining
  • impact of worktime arrangements
  • role of European Works Councils
  • exemplary value of the German system of workers’ participation, and
  • global framework agreements.

    Contributors include widely renowned professors of labor, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law.

    How this will help you: The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers’ associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labor, industrial relations and social rights in European and international contexts. This book, offering a deep analysis, with a comparative perspective, of the different industrial relations systems, is a guide to the paths of renewed and more complex international labor law.

Employment Law
Introduction: Book Presentation
Adalberto Perulli
PART I: The Industrial Relations System and the Role of the State in a Globalized World
Still a Century of Industrial Relations?
Adalberto Perulli
The Role of the State in Industrial Relations
Tiziano Treu
Reflexive Labour Law and Industrial Relations from the Perspective of Modern Social System Theory
Ralf Rogowski
The Role of the State in the Globalization Process: An Economic Perspective
Michele Boldrin
The EU and the Industrial Relations Systems: A Critical Assessment
Stefano Giubboni
PART II: Patterns and Comparative Analysis: Cooperative Versus Conflictual Industrial Relations – Collective Bargaining –
Cooperative Versus Conflictual Industrial Relations: Japanese Experience
Takashi Araki
Cooperative Industrial Relations: The German Example and Its Impact
Manfred Weiss
Cooperative Versus Conflictual Industrial Relations: The Case of Spain
Jaime Cabeza Pereiro
Industrial Relations after the Crisis: In Search of New Patterns for Comparative Analysis
Luisa Corazza
PART III: After the Century of Corporativism: A New Agenda for the State in Industrial Relations
The Faces of the State
Antoine Lyon-Caen
The Muted Voice of Labour in Labour Policy in the United States
Janice R. Bellace
The State, Industrial Relations and Freedom of Association: A History of Functional Embeddedness
Edoardo Ales
PART IV: Industrial Relations and the International/Supranational Dynamics
Collective Bargaining at the Transnational Level
Giuseppe Casale & Mario Fasani
Transformation of Work and Collective Bargaining Current Trends: The Paradigmatic Example of the New Worktime Arrangements
Stefano Bellomo
Strategic Interventions in Labour Administration and Industrial Relations in Brazil, South Africa and India
Sivananthiram Alagandram
Global Framework Agreements: The Experiences of Enel and Petrobras
Fernando Fonseca