The Right to Privacy in Employment

Author: Marta Otto
Publisher: Bloomsbury Publishing
ISBN: 1509906126
Format: PDF
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At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.

The Right to Strike

Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Format: PDF, ePub, Docs
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The right of workers to e strikee e to refuse to work pending the outcome of employer-employee negotiations concerning specified demands e is legally recognized virtually worldwide. Yet national laws on strike action vary enormously, both in terms of the extent of state regulation and of specific procedural rules. The importance of strike law becomes obvious when taking the enormous economic and financial consequences of strikes into account. Considering how many people and businesses are affected by strike actions e particularly with the globalization of industry e the value of a comparative assessment of the right to strike becomes very clear."

The Rule of Law in Japan

Author: Carl F. Goodman
Publisher: Kluwer Law International
ISBN: 9041189033
Format: PDF, ePub, Mobi
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This book discusses various Japanese legal topics in comparison to the United States approach to these same topics and analyzes whether what you see as the written law in Japan is what you get in reality. The foundation for the present Japanese legal system is explored, as is the structure, makeup, and independence of the Japanese judiciary and legal professions. The application of the Japanese Constitution to activities of and limitations on powers of the Japanese government are analyzed, as are the scope and limitations of the Japanese constitutional guarantees of religious freedom, sexual equality, equal rights, and rights of the criminally accused. The special Renunciation of War clause of the Japanese Constitution and court decisions dealing with the clause are analyzed to discover how the clause has gone from prohibiting all military establishments to permitting a world class military. Substantive legal areas, including contracts, treaties, and corporate law, are discussed. The Japanese civil litigation system, the perceived shortcoming in that system and currently ongoing steps at judicial reform are analyzed. Similarly, the attempt of the American Occupation to significantly change the administrative law of Japan by incorporating American legal concepts in Japanese administrative law is compared to the actual legal state of affairs in Japan. The text discusses the concepts underlying the reasons for the difference between the written law in Japan and the actual working of the Japanese legal system and considers how the ongoing process of judicial reform in Japan, which has as its stated goal the advancement of the Rule of Law, may affect changes in the legal system as Japan moves its legal system into the 21st Century.

Privacy and Employment Law

Author: John D. R. Craig
Publisher: Hart Pub Limited
ISBN:
Format: PDF, Kindle
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The book deals with the law as it stands in the UK, France, the USA and Canada, and includes an analysis of the potential impact of the Human Rights Act 1999.

Individual Labour Rights as Human Rights

Author: Elena Sychenko
Publisher: Bulletin of Comparative Labour
ISBN: 9789041186294
Format: PDF, ePub, Docs
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Bulletin of Comparative Labour Relations Volume 96 In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or 'rights at work', is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court's most recent case law - cases considered in the period from 1963 to 2016 - on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court's positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: interrelation of ECtHR case law and national labour rights protection; benefits for employees of reference to ECtHR case law in national proceedings; role of International Labour Organization conventions and of the European Social Charter in the Court's reasoning; application of balancing and proportionality test in relevant to labour law cases; public criticism of employer, disclosure of information, and standards of whistle-blowers' protection; and positive obligations of the State in the field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court's positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.

The Right to Privacy

Author: Hilary Delany
Publisher:
ISBN: 9781858005089
Format: PDF, ePub, Mobi
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"This book examines the emerging Irish jurisprudence on privacy rights, focusing in particular on how media interference can infringe such rights and on the interaction with the right to freedom of expression. It examines the topic from a comparative perspective, making extensive reference to relevant case law from both common and civil law jurisdictions as well as to decisions of the European Court of Human Rights. While the progress of the draft Privacy Bill published in 2006 appears to have stalled, the issue of how privacy rights may be protected is coming before the courts on an increasingly frequent basis." "This groundbreaking new work provides an in-depth and comprehensive analysis of this area of the law. It discusses potential legal strategies for the protection of privacy rights, considering, in particular, the question of whether privacy should be protected by legislation or by the incremental development of the law by the courts." "This book will provide invaluable to both practitioners and academics and is written in a readable and accessible style."--BOOK JACKET.

The Changing Law of the Employment Relationship

Author: Nicola Countouris
Publisher: Routledge
ISBN: 1317038924
Format: PDF, ePub, Docs
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During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

Comparative Workplace Employment Relations

Author: Thomas Amossé
Publisher: Springer
ISBN: 1137574194
Format: PDF, Kindle
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This comprehensive study provides a perceptive portrait of workplace employment relations in Britain and France using comparable data from two large-scale surveys: the British Workplace Employment Relations Survey (WERS) and the French Enquête Relations Professionnelles et Négociations d’Entreprise (REPONSE). These extensive linked employer-employee surveys provide nationally-representative data on private sector employment relations in all but the smallest workplaces, and offer a unique opportunity to compare and contrast workplace employment relations under two very different employment regimes. An insightful read for all academics and students of employment, the findings also have implications for practitioners and policy-makers keen to identify and promote “best practice”.

Modern European and Chinese Contract Law

Author: Junwei Fu
Publisher: Kluwer Law International
ISBN: 904113459X
Format: PDF
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This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: * the importance of socio-economic valuation in Chinese contract law; * the role of judicial interpretation; * pre-contractual liability - penalties for bad faith, disclosure versus concealment; * validity - mistake, fraud, threats, unfair bargaining power; * adaptation and termination - effect of registration and approval rules; * mandatory rules - good faith and fair dealing, the public interest; and * direct application of constitutional law to contracts. The book's special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People's Republic of China (CLC), the General Principles of the Civil Law of the People's Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.

Global Labor and Employment Law for the Practicing Lawyer

Author: Samuel Estreicher
Publisher: Kluwer Law International
ISBN: 9041132651
Format: PDF, ePub
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In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia - twenty-seven in all - use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.