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Legal Regulation of the Employment Relation : W.G.Hart Legal Workshop S. - Hugh Collins

Legal Regulation of the Employment Relation

W.G.Hart Legal Workshop S.

By: Hugh Collins (Editor), Paul Davies (Editor), Roger W. Rideout (Editor)

Hardcover

Published: 1st February 2002
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Discussion of labour law issues from a regulatory perspective is often heavily influenced by certain types of economic analysis and tends to support deregulation of labour markets. While many European countries and the EU itself are committed to ideals of labour standards expressed in such documents as the Charter of Social Rights, there is a noticeable hesitation in enacting these rights due to the fear of adverse economic consequences. The essays in this volume aim to redress the balance in the contemporary regulatory debate by embracing other interdisciplinary perspectives and scrutinizing carefully the justifications for and against special regulation for employment contracts. The book examines labour law as the regulation of a particular kind of contractual relationship, that is, contract of employment, and of the institutional framework, including trade unions, collective bargaining, managerial hierarchies, government departments and agencies, within which it operates. This perspective differs from that of most contemporary studies of labour law by emphasising its public, regulatory character, rather than its origin in private law. Thirty-one expert papers explore a range of issues affecting employment regulation and protection in international, EU and English law, including labour law and economic theory, EU discrimination law, collective bargaining and consultation, regulation of public services, stakeholding, labour market deregulation, the impact of competition law, trade union rights, transfer of undertakings, contract law, unfair dismissal and self-regulation. Together the essays comprise a fundamental reassessment of the need for special regulation of the employment relation. This collection of essays arose from the W.G. Hart Legal Workshop, held at the Institute of Advanced Legal Studies, London, in 1999.

Preface
Justifications and Techniques of Legal Regulation of the Employment Relationp. 3
Labour Law and Economic Theory: A Reappraisalp. 29
Countervailing Workers' Power as a Regulatory Strategyp. 63
New Techniques for Social Regulation: Decentralisation and Diversityp. 83
Labour Law as Business Facilitatorp. 99
From Voluntarism to Partnership: A Third Way Overview of the Public Policy Debate in British Industrial Relationsp. 111
The Contribution of International and Transnational Regulation in the Search for Substantive Equality in the Workplace: Clarity or Confusion?p. 139
The Family-Friendly Workplace in Labour Law Discourse: Some Reflections on London Underground Ltd. v. Edwardsp. 161
Discrimination Law in the EU: Labour Market Regulation or Fundamental Rights?p. 183
Regulating Pay Discriminationp. 203
Discrimination Law, Regulation and Rational Decision-Making in Employmentp. 225
The Impact of Safety Legislation on the Contract of Employmentp. 247
Employees, Workers, and the Autonomy of Labour Lawp. 267
The European Employment Guidelines, "Entrepreneurism" and the Continuing Problem of Defining the Genuinely Self-Employedp. 287
Defining the Public Interest in Legislation: The Case of Employment Protection for Whistleblowersp. 305
The Re-Regulation of Football and its Impact on Employment Contractsp. 317
Regulating the Employment Relationship: Form Rights to Relationsp. 335
Thinking About Enforcement: The Minimum Wage in Practicep. 347
"Flexibility" and "Adaptability" in the EU Employment Strategyp. 373
Transnational Trade Union Rightsp. 403
The Compatibility of Socio-Economic Policies with Competitive Tendering: The Case of Contract Compliance and Transfer of Undertakingsp. 425
A Critical Assessment of the EC Legislation Aimed at Reconciling Work and Family Life: Lessons from the Scandinavian Model?p. 441
The Interaction of Forms of Regulation in International Labour Lawp. 459
The Acquired Rights Directive: A Case of Economic and Social Rights at Workp. 479
European Social Dialogue: Harmonisation or New Diversity?p. 491
Union-Made Law? The Regulation of Collective Bargaining and Worker Participation in Post-Apartheid South Africap. 515
Representative Consultations with Specified Employees - or the Future of Rung Twop. 529
Raising the Stakes: Stakeholding and the Organisation of Workp. 557
Action Short of Dismissalp. 573
Section 309 of the Companies Act 1985: Is it Time for a Reappraisal?p. 593
Into the Twenty-First Century - The Continuing Indispensability of Collective Bargaining as a Regulator of the Employment Relationp. 615
Indexp. 635
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041198129
ISBN-10: 9041198121
Series: W.G.Hart Legal Workshop S. : Book 3
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 500
Published: 1st February 2002
Publisher: Kluwer Law International
Country of Publication: NL
Dimensions (cm): 23.0 x 16.51  x 4.45
Weight (kg): 1.2