International and Comparative Labour Law: Current Challenges by Arturo Bronstein

By Arturo Bronstein

This can be a magnificent and topical paintings so as to curiosity scholars, practitioners and lecturers of comparative labour legislation, supplying a deep and penetrating international research of the legislation. This paintings: includes rigorous referencing to real-world empirical facts and study, making this a useful and trustworthy account of worldwide employment legislation and coverage; considers criminal advancements of their precise context, making sure that societal, financial and cultural components are taken into consideration whilst contemplating the labour industry; and, is written with an organization take hold of of the underlying human rights at play in labour legislations, exhibiting the growth that has been made globally in fresh a long time, and given that that's nonetheless to be made. it is a stimulating, authoritative account of foreign employment legislations written through a number one determine who for a few years has formed worldwide coverage, striving to enforce fairer operating stipulations all over the world. we're expertly guided notwithstanding the context and improvement of labour legislation, making this ebook excellent for research or examine.

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For example, labour regulation in the Nordic countries, especially Denmark, has traditionally relied on collective bargaining rather than on statutory law. Also, in some countries, collective bargaining rights and the right to industrial action can be denied to certain categories of civil servants, like Beamte employees in Germany and federal civil servants in the United States. It should also be recalled that unlike individual employment relations, which follow comparable patterns in a great majority of countries, collective labour rights and industrial relations practices tend to vary widely from one country to another.

However, apart from protection during pregnancy, a prohibition on night work in industry (which was meant to serve as protection for female workers long before it was held to be discrimination) and maternity leave, labour law was a long way from being gender-sensitive. De facto or de jure access to many occupations was barred to women, and pay differentials between men and women were not only acknowledged but socially and legally accepted. Other forms of employment relationship that deviated from the prevailing pattern did exist, however, but the law generally tried to ignore or restrict them.

One of the characteristics of labour law in the last century was precisely its expansive nature. What is today meant by labour law took its roots from rules that were initially applicable to factory work. Indeed, it is worth recalling that in the first decades of the twentieth century ‘industrial law’, not ‘labour law’, was taught in faculties of law. 19 19 The first Factory Act was enacted in 1802: it focused on child labour in cotton and paper mills. Further amendments and enlargements turned the Factory Act into a detailed set of regulations for working conditions in industrial workshops, but did not address the employer–employee relationship, which was dealt with mainly under the Master and Servant Act.

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