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The Sources of Labour Law

The Sources of Labour Law

Author: Tamás Gyulavári; Emanuele Menegatti
Publisher: Kluwer Law International
ISBN: 9789403502847
Published In: December 2019
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

How this will help you:
With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove to be of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces. Contributing to a deeper understanding of labour regulation in the different corners of the planet, this book will help readers to understand the labour regulation of the examined countries.

Editors

Contributors

Foreword

Acknowledgements

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