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Journal articles on the topic 'Law ; labour law ; industrial relations'

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Published: 4 June 2021
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1

Davies, Paul, and Mark Freedland. "Industrial Relations and Labour Law." Industrial Relations Journal 46, no. 1 (January 2015): 27–30. http://dx.doi.org/10.1111/irj.12090.

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2

Bellace, Janice R., and R. Blanpain. "Comparative Labour Law and Industrial Relations." Industrial and Labor Relations Review 41, no. 1 (October 1987): 163. http://dx.doi.org/10.2307/2523891.

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3

Rand, Justice I. C. "The Law and Industrial Relations." Relations industrielles 17, no. 4 (January 24, 2014): 389–401. http://dx.doi.org/10.7202/1021475ar.

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Summary In the present article, the author outlines the new reality of modern industry; he goes on to advocate the need for new ideas and modified conceptions about labour relations as they exist in our present society. He finally points out the fact that industry must be conceived in terms of a social function.
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4

Mitchell, Richard. "Book Reviews : Labour Law and Industrial Relations." Journal of Industrial Relations 28, no. 2 (June 1986): 297–99. http://dx.doi.org/10.1177/002218568602800216.

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5

Mitchell, Richard. "Book Reviews : Comparative Labour Law and Industrial Relations." Journal of Industrial Relations 30, no. 3 (September 1988): 472–73. http://dx.doi.org/10.1177/002218568803000313.

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6

Mitchell, Richard. "Labour Law Under Labor: The Industrial Relations Bill 1988 and Labour Market Reform." Labour & Industry: a journal of the social and economic relations of work 1, no. 3 (October 1988): 486–504. http://dx.doi.org/10.1080/10301763.1988.10669055.

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7

Hammond, Suzanne. "Book Reviews : Making Labour Law in Australia: Industrial Relations, Politics and Law." Journal of Industrial Relations 36, no. 3 (September 1994): 429–30. http://dx.doi.org/10.1177/002218569403600307.

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8

Ewing, K. D., and B. W. Napier. "The Wapping Dispute and Labour Law." Cambridge Law Journal 45, no. 2 (July 1986): 285–304. http://dx.doi.org/10.1017/s0008197300120975.

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A decade ago the conflict between George Ward, proprietor of Grunwick Processing, and the Association of Professional, Executive Clerical and Computer Staff (APEX) provided a platform for an extended debate about the role of the law in industrial relations, the right of employers to refuse to recognise trade unions for collective bargaining purposes and, in particular, the efficacy of legislation as a means of promoting such recognition. In 1986 the decision to move the printing of various newspapers within the News International Group (the chairman of which is Mr. Rupert Murdoch) from Fleet Street to a new purpose-built printing plant at Wapping in London's docklands occasioned another set-piece battle between labour and a strong-minded employer. The issues and the climate of industrial relations in which the dispute took place are very different but, like Grunwick, the Wapping dispute provides rich material for all interested in how the law can be used as part of the strategy of industrial conflict.
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9

FRAZER, ANDREW. "INDUSTRIAL RELATIONS AND THE SOCIOLOGICAL STUDY OF LABOUR LAW." Labour & Industry: a journal of the social and economic relations of work 19, no. 3 (April 2009): 73–96. http://dx.doi.org/10.1080/10301763.2009.10669385.

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10

Wilkinson, Brian. "Corporatism, Industrial Relations and Labour Law in Ireland: An Outline." Management Research News 14, no. 10 (October 1991): 22–23. http://dx.doi.org/10.1108/eb028177.

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11

Sobczak, André. "Corporate social responsibility: from labour law to consumer law." Transfer: European Review of Labour and Research 10, no. 3 (August 2004): 401–15. http://dx.doi.org/10.1177/102425890401000307.

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Corporate social responsibility (CRS) modifies the balance between different branches of law. Indeed, CSR instruments are indicative of the inroads made by commercial and consumer law into the field of labour relations. This paper argues that this shift from labour law to consumer law is not neutral and has more than a purely theoretical impact. It means not only that the existing law is more likely to protect consumers (in Europe or North America) than workers (in developing countries). It may lead to conflicts of interest between the company's different stakeholders, especially between workers and consumers, and also to a selective form of labour regulation, since consumer pressure affects only some companies and some social rights while neglecting others.
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12

Rainone, Silvia. "Book Review: Theorising Labour Law in a Changing World – Towards Inclusive Labour Law." Transfer: European Review of Labour and Research 27, no. 2 (May 2021): 263–64. http://dx.doi.org/10.1177/10242589211017822.

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13

Terry, M. "Research and reports. The industrial relations context for New Labour." Industrial Law Journal 28, no. 1 (March 1, 1999): 105–8. http://dx.doi.org/10.1093/ilj/28.1.105.

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14

Swiatkowski, Andrzej. "PREPOSSESSIONS AND APPRAISALS OF COLLECTIVE LABOUR LAW IN DIVERSIFIED INDUSTRIAL RELATIONS." Tilburg Law Review 1, no. 3 (January 1, 1992): 275–300. http://dx.doi.org/10.1163/221125992x00269.

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15

Bellace, Janice R. "Book Review: International and Comparative: Comparative Labour Law and Industrial Relations." ILR Review 41, no. 1 (October 1987): 163–64. http://dx.doi.org/10.1177/001979398704100132.

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16

Molatlhegi, B. "Workers' freedom of association in Botswana." Journal of African Law 42, no. 1 (1998): 64–79. http://dx.doi.org/10.1017/s0021855300010494.

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The year 1992 saw significant reforms to the Botswana labour law and industrial relations system. Before then, as was the case elsewhere in Africa, the Botswana government had adopted highly interventionist policies with respect to industrial relations. The changes introduced in 1992 were aimed at shifting labour relations to the market place. State intervention, though not completely eliminated, has been greatly reduced as a result. The changes in labour law and the industrial relations system have brought to the fore the debate about the nature, content and extent of workers' freedom of association in the country. The changes mean that more than ever before collective bargaining will play a significant role in the determination of wages, terms and conditions of employment.
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17

Pisarczyk, Łukasz. "Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5827.

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Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection of employee interests (e.g. collective redundancies, transfer of undertaking). As a rule, they reflect basic protective standards determined at the European level. There are, however, some lesser problems that weaken the effect intended by EU legislation. Nonetheless, implementation of European standards has contributed to the development of industrial relations and protection of workers.
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18

Ponniah, ARUDSOTHY. "Labor Law and Industrial Relations in Malaysia." Labour & Industry: a journal of the social and economic relations of work 1, no. 3 (October 1988): 463–85. http://dx.doi.org/10.1080/10301763.1988.10669054.

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19

McCallum, Ronald C. "Book Reviews : Labour Law in Britain." Journal of Industrial Relations 29, no. 2 (June 1987): 254–56. http://dx.doi.org/10.1177/002218568702900214.

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20

Koelmeyer, Athena. "Book Review: Labour Law (4th Edition)." Journal of Industrial Relations 47, no. 4 (December 2005): 482–84. http://dx.doi.org/10.1177/001986920504700403.

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21

Susanto, Eko Adi. "Labour Rights Protection in Industrial Relations Issues." Rechtsidee 2, no. 2 (December 1, 2015): 109. http://dx.doi.org/10.21070/jihr.v2i2.78.

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Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78
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22

Goldenberg, H. Carl. "The Law and Labour Relations : A Reaction to the Rand Report." Relations industrielles 24, no. 2 (April 12, 2005): 308–17. http://dx.doi.org/10.7202/028020ar.

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After having recalled some basic principles in the field of labour relations, the author, a practician with more than thirty years of experience, deals with subjects such as the right to strike, the need for law and industrial unrest in Canada.
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23

Okpaluba, Chuks. "Labour adjudication in Swaziland: the exclusive jurisdiction of the Industrial Court." Journal of African Law 43, no. 2 (1999): 184–200. http://dx.doi.org/10.1017/s0021855300011335.

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When the Industrial Relations Act was enacted in Swaziland in 1980 its express object was to provide for the collective negotiation of terms and conditions of employment and for the establishment of an Industrial Court for the settlement of disputes arising out of employment. In turn, the avowed purpose for the establishment of the Industrial Court as the nerve centre and most important institution established by the legislative scheme was, and still is, “for the furtherance, securing and maintenance of good industrial relations and employment conditions in Swaziland”. As in the case of other industrial courts and labour adjudicatory institutions with special and limited jurisdiction elsewhere, issues surrounding the jurisdiction of the Industrial Court of Swaziland have given rise to a measure of controversy.
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24

Clauwaert, Stefan, and Isabelle Schömann. "The Crisis and National Labour Law Reforms." European Labour Law Journal 3, no. 1 (March 2012): 54–69. http://dx.doi.org/10.1177/201395251200300105.

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This paper1 maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers' protection.
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25

Mccallum, Ronald Clive. "Book Reviews : Labour Law and Industrial Relations in Asia: Eight Country Studies." Journal of Industrial Relations 36, no. 1 (March 1994): 166–67. http://dx.doi.org/10.1177/002218569403600111.

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26

Luo, Siqi. "Agendas, alternatives, and collective labour law." Employee Relations 39, no. 4 (June 5, 2017): 541–60. http://dx.doi.org/10.1108/er-08-2016-0167.

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Purpose The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews. Design/methodology/approach This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials, one government official, five scholars and lawyers, four enterprise union chairs and three labour activists. Second, these interviews are triangulated with legislative documents and the author’s observation of three public meetings. Held at various times from 2011 to 2014, these meetings were organized to discuss different legislative drafts on collective bargaining. Findings The six-year process of adopting collective bargaining legislation in Guangdong presents a complex picture as different actors joined the process at different times and engaged in different ways. Labour strikes were a crucial force in drawing the attention of both the local and central governments and functioned as a means to repeatedly make collective labour relations a policy “issue” for the government, particularly in 2010. Another actor – the local official trade unions – played a decisive role by not only putting the “issue” into the decision-making agenda, but by also providing policy alternatives based on workers’ bargaining practices. At the same time, business associations, using slow economic growth as an excuse, exerted their economic leverage to pressure for suspension of the first two rounds of legislation. Nevertheless, the new political leadership assuming office in 2013, using an adoptive but restrained logic, pushed for the enactment of the compromise regulation. Research limitations/implications Guangdong Province and its emerging collective labour regimes are not representatives of China, but they are at the frontier of the labour field. Thus, this case study was an example of the “most dynamic” interaction with the “most participative” actors and perhaps the “most pro-labour” of China’s official trade unions. Originality/value This paper is original and draws special attention to the dynamic process of the local law-making and the rationales of different actors in China.
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27

Miller, Kenneth. "An Overview of Canadian Labour Law." Employee Relations 12, no. 2 (February 1990): 7–11. http://dx.doi.org/10.1108/01425459010003547.

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28

Trudeau, Gilles. "Labour Law under the Charter. Kingston, Ontario, Queen's Law Journal and Industrial Relations Center. 1988, 332 pp." Relations industrielles 44, no. 4 (1989): 953. http://dx.doi.org/10.7202/050545ar.

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29

Woods, H. D. "Federal Government Task Force on Labour Relations." Informations 22, no. 1 (April 12, 2005): 130–36. http://dx.doi.org/10.7202/027762ar.

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In December 1966, Prime Minister Pearson announced the creation of a Task Force on Labour Relations. Under the chairmanship of H.D. Woods, Dean, Faculty of Arts and Science, McGill University, Montréal, the members are: Gérard Dion, Professor, Department of Industrial Relations, Laval University, Québec; John H.G. Crispo, Director, Centre for Industrial Relations, University of Toronto; A.W.R. Carrothers, Dean, Faculty of Law, University of Western Ontario.
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30

Mordsley, Barry I. "Book Review: Labor and Employment Law: Labor Relations Law: Industrial Relations and the Law in the 1980s: Issues and Future Trends." ILR Review 40, no. 2 (January 1987): 293. http://dx.doi.org/10.1177/001979398704000218.

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31

Verge, Pierre. "R. Blanpain (dir.), Comparative Labour Law and Industrial Relations in Industrialised Market Economies." Relations industrielles 46, no. 4 (1991): 864. http://dx.doi.org/10.7202/050723ar.

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32

Vandergeest, Peter. "Law and lawlessness in industrial fishing: frontiers in regulating labour relations in Asia." International Social Science Journal 68, no. 229-230 (September 2018): 325–41. http://dx.doi.org/10.1111/issj.12195.

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33

Fredman, Sandra, and Gillian Morris. "The State as Employer: Labour Law and Industrial Relations in the Public Sector." Management Research News 11, no. 1/2 (January 1988): 54–55. http://dx.doi.org/10.1108/eb027967.

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34

Jamieson, Suzanne. "Book Reviews : Australian Labour Law—Cases and Materials." Journal of Industrial Relations 33, no. 3 (September 1991): 421–22. http://dx.doi.org/10.1177/002218569103300312.

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35

McCallum, Ronald C. "Grafting a New Collective Labour Law for Australia." Journal of Industrial Relations 39, no. 3 (September 1997): 405–22. http://dx.doi.org/10.1177/002218569703900306.

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36

Waring, Peter. "Keeping up Appearances: Aesthetic Labour and Discrimination Law." Journal of Industrial Relations 53, no. 2 (April 2011): 193–207. http://dx.doi.org/10.1177/0022185610397141.

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37

Lyutov, N. L. "LABOUR LAW ADAPTATION TO THE DIGITAL TECHNOLOGIES: CHALLENGES AND PERSPECTIVES." Actual Problems of Russian Law, no. 6 (July 18, 2019): 98–107. http://dx.doi.org/10.17803/1994-1471.2019.103.6.098-107.

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The article deals with two key challenges to the labour law associated with the digital technologies’ development: changing structure of employment in general (the shift of economy from industrial production to services’ model, emergence of the new professions accompanied with decline of the traditional ones, etc.) and transformation of employment relations because of the growing number of new types of work. The latter trend leads to the problem of erosion of the key traditional features of employment relations including the subordination and control by the employer. In the light of the first challenge, the author considers the issues of the most vulnerable group of workers — employees of the pensionary and pre-pensionary age.The second issue of transformation of employment leads the author to the proposal to start the academic debate concerning the perspectives of establishment of legal mechanisms of the economically dependent workers irrespective of their legal status (employment or civil law relations).
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38

McCallum, Ron. "Australian Labour Law after the Work Choices Avalanche: Developing an Employment Law for our Children." Journal of Industrial Relations 49, no. 3 (June 2007): 436–54. http://dx.doi.org/10.1177/0022185607077525.

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39

Shaw, J. W., R. C. McCallum, M. J. Pittard, and G. F. Smith. "Australian Labour Law: Cases and Materials." Labour History, no. 60 (1991): 134. http://dx.doi.org/10.2307/27509058.

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40

Cooney, Sean. "China's Labour Law, Compliance and Flaws in Implementing Institutions." Journal of Industrial Relations 49, no. 5 (November 2007): 673–86. http://dx.doi.org/10.1177/0022185607082215.

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This article examines some of the factors contributing to the widespread compliance failures experienced by Chinese labour law. It focuses on the nature of the legal rules and the structure of state and quasi-state institutions charged with implementing the law. While the basic legal framework regulating labour in China appears designed to prevent many abuses, the lack of settled detail inhibits effective enforcement. The labour inspectorate, formal dispute resolution processes and the official trade union organization each suffer from weaknesses reducing their capacity to elicit compliance with the law. Some improvements to the law and the institutions are already being implemented. The article suggests further areas of reform that may increase compliance, within the constraints of China's current political realities.
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41

Mitchell, Richard, and Joel Fetter. "Human Resource Management and Individualisation in Australian Labour Law." Journal of Industrial Relations 45, no. 3 (September 2003): 292–325. http://dx.doi.org/10.1111/1472-9296.00085.

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42

Doyle, Brian. "3. Disabled Workers, Employment Vulnerability and Labour Law." Employee Relations 9, no. 5 (May 1987): 20–29. http://dx.doi.org/10.1108/eb055105.

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43

Belwal, Shweta, Rakesh Belwal, and Suhaila Ebrahim Al-Hashemi. "Family friendly policies and the Omani Labour Law." Employee Relations: The International Journal 42, no. 2 (November 28, 2019): 315–48. http://dx.doi.org/10.1108/er-09-2018-0245.

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Purpose The purpose of this paper is to take cognisance of the work–life balance (WLB) challenges facing working women in Oman, make a review of the family-friendly policies (FFPs), related provisions in labour laws of various nations, and identify and suggest some FFP-based solutions for attracting women to private sector jobs. Design/methodology/approach Initially, desk research was used to review the labour laws of the six Gulf Cooperation Council (GCC) countries and some pioneering countries known for their workplace policies using the major electronic databases and official websites. An exploratory approach was used to understand the lived experience of participants using 46 in-depth interviews. The data were analysed and the findings were explained and contextualised in terms of the Arab culture, wider social processes and consequences related to WLB. Findings The interviews revealed that the majority of women in the private sector are not fully aware of the labour laws and FFPs, and are not satisfied with the existing policies, as they do not provide the right WLB. Women in the private sector demand flexible working hours, privacy at work, reduced work hours and certain other benefits akin to the government sector. Omani Labour Law needs a review of FFPs in line with the best global practices and Oman’s diversification initiatives. The provision, awareness and implementation of FFPs in the workplace are necessary to attract Omani women to private sector jobs. Research limitations/implications This research focusses on Oman in particular and GCC countries in general in its coverage of Omani women workers. The outcomes would be important for the specific segment but would have limited potential to generalise. Practical implications The study of WLB and FFPs is of interest for both academia and industry globally. In its strategic vision 2040, Oman aims to encourage, support and develop the private sector to drive the national economy. To retain and boost the socio-economic development in the post-oil economy, the success of the private sector will depend on the participation of the Omani workforce. The role of working Omani women will be pivotal, for they form a substantial part of the skilled human resources inventory. Social implications Women working in Oman are influenced by labour laws, organisational culture, traditional attitudes and societal values and influences. The voices of women working in the private sector indicate a great need to create awareness of existing policies, ensure their compliance and devise additional workplace policies to enable women to contribute to the labour market. Originality/value There is a dearth of studies examining work policies and employment of women in the context of Oman in particular and the GCC Countries in general. Even in the extant literature, the sectoral imbalance between the government and private sector has not been explored from the perspective of WLB and FFPs. This study presents a unique approach and findings in this regard.
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44

Koukiadaki, Aristea. "Reflexive law and the reformulation of EC-level employee consultation norms in the British systems of labour law and industrial relations." International Journal of Law in Context 5, no. 4 (December 2009): 393–416. http://dx.doi.org/10.1017/s1744552309990231.

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The 2002/14/EC Directive establishing a general framework for informing and consulting employees in the European Community allowed considerable flexibility in transposition and implementation. Viewing – in line with reflexive law theory – the Directive as a key tool in allowing EC law to become embedded in the national legal and industrial relations systems, the paper assesses its transposition and impact in Britain. The very flexibility of the Directive made it possible for the British social systems to respond in an innovative way to the changing forms of employee representation. But the relative weakness of the regulatory design of the transposing legislation with regard to the nature of the legal obligations, the enforcement mechanism and the degree to which legal resources could be utilised by trade unions constrained the re-configuration of labour law and its coupling to employee representation arrangements traditionally associated with the British industrial relations system.
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45

MITCHELL, Richard, Petra MAHY, and Peter GAHAN. "The Evolution of Labour Law in India: An Overview and Commentary on Regulatory Objectives and Development." Asian Journal of Law and Society 1, no. 2 (May 22, 2014): 413–53. http://dx.doi.org/10.1017/als.2014.8.

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AbstractGenerally speaking there has been a relative dearth of serious scholarship focusing on the evolution of Indian labour law in its economic, social, and political contexts. Such work as there is tends to be constituted of fragmented and short journal articles and notes, including those by labour economists and industrial relations scholars. The present work undertakes a survey of the literature in the field, examining first the various periods through which Indian labour law has evolved up to the present time, and second the extent to which the labour law system can be seen to have fulfilled its two core objectives: the protection of labour and the maintenance of industrial peace. The survey reveals that Indian “labour law” in the formal sense has very little purchase in terms of its application in pursuit of its objects. This, in turn, suggests that some other approach is required to reach a more grounded and accurate understanding of how, and to what effect, labour is regulated in India.
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46

Thompson, Mark. "Research Needs in Canadian Industrial Relations: Emerging from the Solitudes." Discussion 47, no. 2 (April 12, 2005): 358–63. http://dx.doi.org/10.7202/050774ar.

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To focus this discussion, "industrial relations" is defined as the organizations and processes through which wages, hours and conditions of work are determined for employees who are represented collectively. This definition excludes topics such as labour history, labour economics and labour law, frequently incorporated into industrial relations research, but separate here. Research should address and attempt to explain the significant features of Canadianindustrial relations, as well as provide the bases for predictions of the future. The distinguishing features of the Canadian industrial relations System for these purposes are its fragmentation, extensive legal regulation and pattern of strikes. Research needs should be based on this description of Canadian industrial relations, including the environment of the System, major actors within it, the processes of industrial relations and the results of negotiation.
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47

Joseph, P. A. "Perfecting the Administrative Solution to Labour Disputes: Postscript." Relations industrielles 38, no. 4 (April 12, 2005): 863–68. http://dx.doi.org/10.7202/029409ar.

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« The judges lack the intimate knowledge of the very dynamic process of industrial relations and collective bargaining. For these reasons...the new labour code has removed the court's jurisdiction over labour disputes...The new law seeks an administrative rather than a judicial solution to labour disputes. »** * JOSEPH, P.A., Faculty of Law, University of Canterbury, New Zealand. ** BRITISH COLUMBIA LEGISLATIVE ASSEMBLY DEBATES (1973) (Third Session), at 399-400 per the Hon. W.S. King, Minister of Labour.
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48

Avgar, Ariel C. "Book Review: Labor and Employment Law: Fading Corporatism: Israel's Labor Law and Industrial Relations in Transition." ILR Review 62, no. 1 (October 2008): 135–37. http://dx.doi.org/10.1177/001979390806200109.

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49

Black, Errol. "In Search of "Industrial Harmony": The Process of Labour Law Reform in Manitoba, 1984." Articles 40, no. 1 (April 12, 2005): 140–61. http://dx.doi.org/10.7202/050114ar.

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This paper examines the roots of the controversy over industrial relations within Manitoba NDP, looks at the process which the government initiated as a means of delivering its commitments to organized labour and outlines the conditions by which the business class in Manitoba forced the government to retreat.
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50

Verge, Pierre. "How Does Canadian Labour Law Fare in a Global Economy?" Journal of Industrial Relations 42, no. 2 (June 2000): 275–94. http://dx.doi.org/10.1177/002218560004200207.

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