Labor Law eJournal最新文献_第2页

The Codetermination Bargains: The History of German Corporate and Labour Law 共同决定交易:德国公司法和劳动法的历史

Labor Law eJournal Pub Date : 2014-12-22 DOI: 10.2139/SSRN.2541877

E. McGaughey

{"title":"The Codetermination Bargains: The History of German Corporate and Labour Law","authors":"E. McGaughey","doi":"10.2139/SSRN.2541877","DOIUrl":"https://doi.org/10.2139/SSRN.2541877","url":null,"abstract":"Why does codetermination exist in Germany? Law and economics theories have contended that if there were no legal compulsion, worker participation in corporate governance would be ‘virtually nonexistent’. This positive analysis, which flows from the ‘nexus of contracts’ conception of the corporation, supports a normative argument that codetermination is inefficient because it is supposed it will seldom happen voluntarily. After discussing competing conceptions of the corporation, as a ‘thing in itself’, and as an ‘institution’, this article explores the development of German codetermination from the mid-19th century to the present. It finds the inefficiency argument sits at odds with the historical evidence. In its very inception, the right of workers to vote for a company board of directors, or in work councils with a voice in dismissals, came from collective agreements. It was not compelled by law, but was collectively bargained between business and labour representatives. These ‘codetermination bargains’ were widespread. Laws then codified these models. This was true at the foundation of the Weimar Republic from 1918 to 1922 and, after abolition in 1933, again from 1945 to 1951. The foundational codetermination bargains were made because of two ‘Goldilocks’ conditions (conditions that were ‘just right’) which were not always seen in countries like the UK or US. First, inequality of bargaining power between workers and employers was temporarily less pronounced. Second, the trade union movement became united in the objective of seeking worker voice in corporate governance. As the practice of codetermination has been embraced by a majority of EU countries, and continues to develop, it is important to have an accurate positive narrative of codetermination’s economic and political foundations. (2016) 23(1) Columbia Journal of European Law 135.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124570584","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 58

A Metamorphosis: How Forced Arbitration Arrived in the Workplace 《变形:强制仲裁如何进入职场

Labor Law eJournal Pub Date : 2014-06-01 DOI: 10.15779/Z38PP97

C. Comsti

{"title":"A Metamorphosis: How Forced Arbitration Arrived in the Workplace","authors":"C. Comsti","doi":"10.15779/Z38PP97","DOIUrl":"https://doi.org/10.15779/Z38PP97","url":null,"abstract":"Over the past twenty years, there has been movement away from the public enforcement of statutory workplace rights in favor of a private system of forced arbitration of employment disputes. Forced arbitration — what in legal jargon is commonly referred to as “binding pre-dispute mandatory arbitration” or “employer-promulgated arbitration” — has its roots in the Federal Arbitration Act (“FAA”), a ninety-year-old statute passed by Congress in 1925. It was not until the U.S. Supreme Court’s 1991 watershed decision in Gilmer v. Interstate Johnson/Lane Corporation that the Court allowed statutory employment claims to be submitted to arbitration under the FAA. Forced arbitration was transformed from a rarely used form of dispute resolution into a juggernaut that has changed the nature of statutory enforcement of worker protection laws in the United States.The shift from public enforcement of workplace laws to private forced arbitration has been characterized by a number of trends. This Article examines some of them. Part I sets the stage by providing a brief overview of the distinctions between voluntary arbitration and forced arbitration. Part II describes the elevation of the FAA to a “super-statute” and the limited scope of judicial review of forced arbitration provisions and awards. Part III discusses how the courts have misapplied traditional labor law jurisprudence to justify the expansion of forced arbitration of employment disputes under the FAA. Finally, Part IV explores how forced arbitration has eroded the statutory purposes and protections of our nation’s workplace laws, focusing on the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”). These developments have transformed the employee-employer relationship from one that is regulated by worker protection statutes enforced in our public justice system to one that operates in private tribunals where workers are forced to arbitrate their claims as a condition of employment and without due process guarantees.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129412797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Discussion on the Insertion of an Arbitration Clause in Individual Labour Contract 论个人劳动合同中加入仲裁条款

Labor Law eJournal Pub Date : 2014-05-17 DOI: 10.2139/SSRN.2438151

D. Țop, Loredana Padure

{"title":"Discussion on the Insertion of an Arbitration Clause in Individual Labour Contract","authors":"D. Țop, Loredana Padure","doi":"10.2139/SSRN.2438151","DOIUrl":"https://doi.org/10.2139/SSRN.2438151","url":null,"abstract":"Every employment contract contains two types of terms: essential clauses which are included in all contracts and covenants, the latter forming the conventional left to the agreement of the parties, but with legal compliance, and to a collective agreement, to public order and morality. The insertion of such clauses in individual employment contract content \"is not legally possible, penalty that comes being nullity of the contract either or of that clause,\" for example, the clause that would prohibit the parties to address the court.But, many optional clauses, although are not covered by the Labour Code and labour law as special provisions they may be used in practice.On those terms, in the context of relieving the courts, is of a real interest the discussion if it is possible an arbitration clause (arbitration) that the individual labour contract parties undertake to settle by arbitration disputes which may arise between them.The main effect of the arbitration agreement is the exclusion of jurisdiction of the court which would, in the absence of the arbitration clause, able to resolve the dispute between the parties. It must be stressed however that this is not a definite exclusion of the jurisdiction of state courts because to admit otherwise it would be a violation of free access to justice.Are exempt, subject inter alia to the arbitration clause according to art. 542 para. 1 of the Civil Procedure Code, disputes concerning rights which the parties may have. Might say that, given the provisions of art. 38 para. 2 of the Labour Code, according to which, the employees can not waive their rights are recognized by law. Any transaction that seeks waiver of rights recognized by law or limit these rights is invalid, an arbitration clause is inadmissible, at the conclusion of the individual labor contract negotiations and its subsequent insertion through an addendum in such a contract, according to art. 549 of the Code of Civil Procedure.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121028774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Views on Right-to-Work Legislation Among Michigan's Local Government Leaders 密歇根州地方政府领导人对工作权立法的看法

Labor Law eJournal Pub Date : 2013-12-17 DOI: 10.2139/SSRN.2368943

Thomas M. Ivacko, D. Horner

引用次数: 16

Regulating for Job Quality? Wages and Working Time Under Australian Labour Law 监管工作质量?澳大利亚劳动法规定的工资和工作时间

Labor Law eJournal Pub Date : 2013-11-17 DOI: 10.2139/SSRN.2356027

J. Murray, A. Stewart

引用次数: 3

Critical Analysis of the Right to Establish Trade Unions in Indonesia 对印尼建立工会权利的批判性分析

Labor Law eJournal Pub Date : 2012-12-08 DOI: 10.2139/SSRN.2186743

Asri Wijayanti

{"title":"Critical Analysis of the Right to Establish Trade Unions in Indonesia","authors":"Asri Wijayanti","doi":"10.2139/SSRN.2186743","DOIUrl":"https://doi.org/10.2139/SSRN.2186743","url":null,"abstract":"Critics to the rule of law on the right to establish trade unions in Indonesia is a criticism toward the rule of law about the guarantee of the right to association of labours in Indonesia. There are inconsistencies in the horizontal and vertical settings, both among the rule of laws (the national), or between national legislation with the universal law that covers the basic principles and basic philosophical rights for labor to association. The problem in this study is the existence of conflicts of law in regulating the right to establish the trade union and their legal effects. This research is a normative legal research that uses the statute, historical and comparative approach. The results of this study is a conflict of national law (Act no. 21/2000) with a universal legal principle that artifacts in the ILO Convention. No. 87 jo. 98 jo. Universal Declaration of Human Rights jo. ICCPR jo. ICSECR. Critics toward the rule of law the right to establish trade unions in Indonesia are very important as setting repair material provision of guarantees of the right to association of workers in Indonesia, given that Indonesia has ratified the ILO Core Convention of the Declaration on Fundamental Principles and Rights at Workplace.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131817053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Curious Dynamic of Players' Associations Bargaining Eligibility Rules on Behalf of Prospective Players 代表潜在球员的球员协会讨价还价资格规则的奇怪动态

Labor Law eJournal Pub Date : 2012-08-09 DOI: 10.2139/SSRN.2127312

Michael A. McCann

引用次数: 0

Southern Solutions for Wisconsin Woes 威斯康星州困境的南方解决方案

Labor Law eJournal Pub Date : 2012-03-07 DOI: 10.31228/osf.io/njvh6

A. Hodges

{"title":"Southern Solutions for Wisconsin Woes","authors":"A. Hodges","doi":"10.31228/osf.io/njvh6","DOIUrl":"https://doi.org/10.31228/osf.io/njvh6","url":null,"abstract":"Since 2011, a number of states have amended their collective bargaining laws covering state and local government employees. Debate rages about whether the goal of the proponents of change was to address budget shortfalls or weaken labor unions. Regardless of motive, legislatures in several states accomplished the goal of severely limiting or eliminating collective bargaining for some or all employees. The question facing unions, employers and employees in those states is �what now?� An answer may lie in looking to southern states like Virginia and North Carolina that have historically prohibited or severely restricted bargaining. This article explores the lessons that that might lie in the labor relations climates there for parties in states facing new and unfamiliar landscapes.The article first discusses labor relations in the southern states, with a primary emphasis on Virginia, and analyzes the factors that contribute to successful union-management relations where they exist. Then, the article considers how these factors might apply in states with newly enacted changes to their collective bargaining laws, focusing specifically on those states that eliminated or virtually eliminated bargaining rights. The article concludes that while labor relations might change in those states, unionization will survive as employees continue to seek a voice in the workplace.","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127301205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Labor Unions at Boeing: Reflections on Our Findings in 'Turbulence: Boeing and the Future of American Workers and Managers' (Yale Press, 2010) and Developments Since Its Publication 《波音工会:对我们在《动荡:波音与美国工人和管理者的未来》(耶鲁出版社，2010)中的发现的反思》及其出版以来的发展

Labor Law eJournal Pub Date : 2011-08-02 DOI: 10.2139/ssrn.1903828

E. Greenberg

引用次数: 0

Collective Bargaining: A Law and Economic Critique 集体谈判:法律与经济批判

Labor Law eJournal Pub Date : 2011-04-20 DOI: 10.2139/ssrn.1815802

Tissya Mandal

{"title":"Collective Bargaining: A Law and Economic Critique","authors":"Tissya Mandal","doi":"10.2139/ssrn.1815802","DOIUrl":"https://doi.org/10.2139/ssrn.1815802","url":null,"abstract":"Industrial harmony is essential for economic progress and the concept of industrial harmony assumes the existence of understanding, co-operation and a sense of partnership between employers and employees. Collective bargaining implies \"agreements between representatives of employers and freely designated representatives of employees relating to the solution of industrial problems with minimum governmental dictates\". More certainly, it involves a symbiotic relationship between the two parties, i.e. a relationship which involves elements of both co-operation and competition. The parties gain from cooperation and agreement which leads to production of some goods and services and sharing of revenues derived from it. But how to share the revenue and what \"terms of trade\" would be are some of the issues that put the parties in a position of competition. Trade unions have been a subject of considerable interest to economists. Economics helps us to understand the costs and benefits of our policy decisions. It shows how to examine legal regulation for the effect it has on the ability of workers and firms to maximize their wealth or utility. The researcher would delve to seek answers to questions like Does Collective Bargaining actually promote \"economic efficiency\"? What are the economic arguments for Worker Participation-theories explaining how Unions may increase productivity (Traditional economic analysis) and arguments against Worker Participation? What are the costs of collective bargaining? How do labour economists treat the costs of collective bargaining as positional externalities through a game theory model?","PeriodicalId":215343,"journal":{"name":"Labor Law eJournal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124115122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1