Employment / Labour Law

Systems of Employee Representation at the Enterprise A Comparative Study

Edited by Roger Blanpain · Hiroya Nakakubo · Takashi Araki
Kluwer Law International August 2012

Specifications

ISBN-13
9789041140807
Publisher
Kluwer Law International
Publication
August 2012
Format
Hardback , 264 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law – originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 – twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following:

 

  • What is the legal framework for an employee representation system?
  • How is the representative body formed and what are its declared powers?
  • Are there legal mechanisms preventing intervention by the employer?
  • Are non-standard employees involved?
  • What methods of deliberation and decision-making are used?
  • How are the activities of representatives protected?
  • Who bears the costs?
  • What is the relationship with collective bargaining? With labour unions?

 

Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market. Accordingly, this book will prove of inestimable value to practitioners and policymakers in labour and employment law anywhere in the world.

Features: 

  • Intensive analysis of new or modified employee representation trends in ten representative countries
  • Expert survey of methods of securing representation for non-union and non-standard employees
  • Analysis of underlying law on which an employee representation system may be built 

Benefits: 

  • Discover emerging trends in employee representation systems at enterprises worldwide
  • Design an employee representation system that suits any enterprise’s particular needs
  • Apply employee representation schemes in concrete situations such as wage determination and equal treatment

Table of Contents

Notes on the Contributors. General Introduction; H. Nakakubo, T. Araki. 
1. The Evolving Pluralistic Approach to Employee Representation at the Enterprise in Australia; A. Forsyth. 
2. Chinese Staff Congress System: The Past, Present and Future; S. Zheng. 
3. System of Employee Representation in Enterprises in France; S. Laulom. 
4. Employee Representation at the Enterprise in Germany; B. Waas. 5 . The System of Employee Representation at the Enterprise in Japan; H. Takeuchi-Okuno. 
6. System of Employee Representation at the Enterprise in Korea; Cheol Soo Lee, Ida D. Lee. 
7. Employment Representation at the Enterprise in Sweden; J. Julén Votinius.
8 . The Labor-Management Council System in Taiwan; Chin-Chin Cheng.
9 . Systems of Employee Representation at the Enterprise – UK Report; R. Dukes. 
10. System of Employee Representation at the Enterprise ¬– The US Report; O. Lobel, A. M. Lofaso.

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