Collective Arguments and Individual Contracts of Employment:

Erscheinungsjahr 2003
ISBN: 978-90-411-2190-5
Verlag: Wolters Kluwer

Buch, Englisch, 272 Seiten, Format (B × H): 156 mm x 234 mm, Gewicht: 558 g

Reihe: Studies in Employment and Social Policy Set

While it can be said that the use of collective labour agreements has greatly expanded during the last decade ¿ witness their growing application in the public sector, and their introduction in many post-communist countries ¿ it is hard to deny that their power to protect employees has diminished considerably and continues to weaken. An understanding of the factors that have contributed to this fundamental change in economic and social conditions is of crucial significance if we are to preserve an equitable balance in the employer-employee relationship. A growing body of research and commentary already surrounds this important subject. In this symposium sixteen outstanding scholars have assembled a preliminary survey of the essential issues and the means by which they are being addressed in a variety of different countries. The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question: Factors determining the role of collective agreements; Factors determining the regulatory power of collective agreements toward the employment contract; Factors limiting the regulatory power of collective agreements; Degree of freedom of the parties to shape the employment contract; and, Future prospects for collective agreements as a means of regulating the employment contract. Underlying issues of decentralization, minimum standards, decreasing unionization, unemployment, and the growing individualization of the employment contract are addressed by all the authors. The countries covered are Australia, Belgium, Canada (Quebec), Greece, Italy, Japan, The Netherlands, Poland, South Africa and Switzerland. Collective Agreements and Individual Contracts of Employment offers a convenient platform from which to conduct further research into this complex and dynamic subject. It is sure to be welcomed by specialists in labour law and industrial relations and by other social science professionals.

Autoren/Hrsg.

Sewerynski, Michal

Fachgebiete

• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Schiedsverfahrensrecht, FamFG (vormals: FGG)

Inhaltsverzeichnis

Foreword, Notes on Contributors Collective Agreements and Individual Contracts of Employment in Labour Law – General Report Michal Sewerynski I. Factors determining the Position of Collective Agreements in Contemporary Industrial II. Factors Determining the Regulatory Power of Collective Agreements towards Contract of Employment III. Factors Limiting the Regulatory Power of Collective Agreements IV. Collective Agreement Regulation and Freedom of the Parties to shape the Contract of Employment V. Prospects of the Regulatory Function of Collective Agreements towards the Contract of Employment Individualism and Collectivism in Agreement-Making under Australian Labour Law Andrew Frazer I. Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations II. Legal Mechanisms for shaping the Content of the Employment Contract via Collective Agreement III. Factors determining the Regulatory Power of Collective Labour Agreements towards the Employment Contract IV. Regulation of Collective Labour Agreements and Freedom of Parties to a Contract of Employment V. Prospects for Collective Labour Agreements as a means of regulation of an Employment Contract Accords collectives et individuals de travail en droit du travail belge Jacques Clesse, Fabienne Kéfer, and Pascale Vielle I. La place de la convention collective de travail dans l’ordonnancement juridique belge II. Mecanismes legaux permettant d’affecter le contrat de travail via conventions collectives de travail III. Facteurs determinant le pouvoir regulatoire des accords collectives de travail envers le contrat de travail IV. Conventions collectives de travail et liberte des parties au contrat de travail V. Perspectives des conventions collectives de travail en tant que moyen de travail Convention collectives et contrats individuels de travail en droit que´be´cois Claude Fabien I. Description et comparaison II. Rapports entre le contrat et la convention Collective Agreements and Individual Employment Contracts: Developments in the Light of Comparative Law – Greek Report Nikitas Aliprantis Collective Agreements and Individual Contracts of Employment in Labour Law – Italian Report Riccardo Del Punta I. Constitutional Framework II. Development of Collective Bargaining III. Collective Agreements as Contracts IV. Conclusions: Collective Agreements between Civil Law and Public Law Collective Labour Agreements and Individual Contracts of Employment in Japanese Labour Law Shinya Ouchi I. Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations II. Legal Mechanisms of shaping the Content of the Contract of Employment through Collective Labour Agreements III. Factors determining the Regulatory Power of Collective Labour Agreements towards the Contract of Employment IV. Collective Labour Agreement Regulation and Freedom of Parties to Enter into Contracts of Employment V. Prospects for Collective Labour Agreements as a Means of Regulation Collective Agreements and Individual Contracts of Employment in Labour Law – Netherlands Report Aukje A.H. van Hoek I. Collective Labour Relations: the Institutional Context II. Collective Labour Relations: the Legal Context III. The Concept of the Collective Agreement in the Collective Labour Agreements Act 1927 IV. The Scope of Application of Collective Agreements V. The Binding Character of Collective Agreements and their effect on the Individual Employment Contract VI. The Contents of Collective Agreements: Legal Constraints VII. Conflicts between Collective Agreements and Individual Agreements: the Absence of a more favourable Right-provision in Dutch Law VIII. Conflicts amongst Collective Agreements IX. Future Problems and Trends: the changing position of the Unions X. Future Problems and Trends: the changing position of Collective Arrangements Collective Labour Agreements and Contracts of Employment in Polish Labour Law Zbigniew Hajn I. General Description of Collective Agreements as a source of Labour Law II. Legal Mechanism for regulating the Content of the Employment Relationship by means of a Collective Labour Agreement III. Factors determining the Role of Collective Labour Agreements as a means of shaping the Content of Employment Contracts IV. Perspectives for regulating the Content of Employment Contracts by means of Collective Agreements Collective Agreements and Individual Contracts of Employment in Labour Law – South Africa Report Marius Olivier and Nicola Smit, Evance Kalula and Graham Leslie I. Collective Labour Agreements as one of the Pillars of Contemporary Labour Relations II. Legal Mechanism of shaping the Content of the Employment Contract via Collective Agreement III. Collective Labour Agreements and Deregulation – Advantages and Disadvantages IV. Collective Labour Agreements’ Regulation and Freedom of Parties to a Contract of Employment V. Collective Labour Agreements and the Evolution of Trade Unions and Employers’ Organisations Collective Agreements and Individual Contracts of Employment under Modern Labour Conditions – Swiss Report Urs Ch. Nef I. Characterisation of Modern Labour II. Legal Consequences of the Modern Individual Employment Relationship III. The Status of Collective Labour Agreements under Present Law IV. The Objectives of the Collective Labour Agreement V. The Crisis of Collective Labour Law VI. New Orientation of Trade Union Policy