International Journal of Comparative Labour Law and Industrial Relations最新文献_第4页

Invoking the Nullity of Non-compete Agreements in Employment Law: A Comparison of Turkish and Belgian Law 雇佣法中竞业禁止协议无效的援引:土耳其与比利时法律之比较

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-09-01 DOI: 10.54648/ijcl2022015

Didem Yalçıntaş

{"title":"Invoking the Nullity of Non-compete Agreements in Employment Law: A Comparison of Turkish and Belgian Law","authors":"Didem Yalçıntaş","doi":"10.54648/ijcl2022015","DOIUrl":"https://doi.org/10.54648/ijcl2022015","url":null,"abstract":"Can employers invoke the nullity of non-compete agreements concluded with employees? Noncompetition agreements prohibit employees from competing with their employers after the termination of the employment contract. The parties can conclude a non-compete agreement only if the validity conditions laid down in statutory law are met. If not, the agreement may be deemed invalid. The assertion of invalidity by employers may produce some unexpected and unfair detrimental consequences for employees if the agreement is synallagmatic. For instance, employees who count on the validity of the agreement may find themselves denied their expected compensation after turning down opportunities that would breach the agreement and after finding a new non-competing job. Furthermore, the possibility of invoking invalidity afterwards may encourage employers to conclude invalid non-compete agreements, as it would pressure the employee nevertheless. Considering the power of employers over employees and that it is mostly the employers who draft non-compete agreements and offer to conclude them, their capacity to invoke invalidity must be carefully examined. Traditionally, in Turkish law, invalidity can be invoked by either party. However, considering the flexibilization of this norm, this study concludes that for synallagmatic agreements, only employees should be able to invoke invalidity. In Belgian law, on the other hand, the party with the right to invoke invalidity is already determined by case law. The study confines itself to examining these rules and pointing out the possible detrimental effects on employees.\u0000non-compete, Turkish law, Belgian law, comparative, validity, nullity, prohibition of competition, invoke, employment law and non-competition","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71183286","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

Military Unionism from the Perspective of International Law: Between National Security and Freedom of Association 国际法视域下的军事联盟主义:在国家安全与结社自由之间

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-09-01 DOI: 10.54648/ijcl2022014

J. Gołaś

{"title":"Military Unionism from the Perspective of International Law: Between National Security and Freedom of Association","authors":"J. Gołaś","doi":"10.54648/ijcl2022014","DOIUrl":"https://doi.org/10.54648/ijcl2022014","url":null,"abstract":"This article conducts a critical analysis of the issue of the access of military personnel to the legal guarantees of the freedom to associate in trade unions from the perspective of international legal standards. Despite the consistently freedom-oriented evolution of international standards which have become applicable to union freedoms in recent decades, many states still uphold sweeping statutory bans on the unionization of military personnel. The potential engagement of members of the armed forces in any union activity is a contentious issue suspended between the requirement to protect the very essence of the freedom of association (FoA), the practices and traditions established in many states, and the need to maintain the effective security of the state against external threats. The analysis considers the evolution of perspectives presented by competent international supervisory and interpretative bodies which have substantially revised their views in recent years on the extent of necessary legal guarantees and acceptable restrictions on freedom of association with respect to military personnel. The analysis leads to the conclusion that a complete and absolute statutory ban on the unionization of military personnel may be incompatible with current international standards. The absolute requirement to respect the fundamental essence of freedom of association as an unquestionable and universal standard of human rights means that national legislators should guarantee military personnel at least the minimum level of freedom to associate in trade unions.\u0000Military Unionism, Freedom of Association, National Security, International Law, Human Rights, Members Of Armed Forces, Trade Union Freedoms, International law","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45294538","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

A Renewed Critical Perspective on Social Law: Disentangling Its Ambivalent Relationship With Productivism 社会法批判视野的更新：与生产主义的矛盾关系

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-09-01 DOI: 10.54648/ijcl2022012

E. Dermine, Danielle Dumont

{"title":"A Renewed Critical Perspective on Social Law: Disentangling Its Ambivalent Relationship With Productivism","authors":"E. Dermine, Danielle Dumont","doi":"10.54648/ijcl2022012","DOIUrl":"https://doi.org/10.54648/ijcl2022012","url":null,"abstract":"The ecological movement questions the productivist model our societies inherited from the Industrial Revolution. Productivism is based on the belief that the continuous increase in production is possible and desirable. Political ecology and scientists denounce the adverse effects of productivism, in that it produces waste, exhausts natural resources and results in global warming. In this context, this article explores the relationship between social law and productivism. Critical legal scholars classically highlight the function of social law in redistributing the value generated by labour under capitalism. Our aim is to shift the focus and examine the function of social law prior to that, in the definition of what value is, more specifically what kind of labour is considered as creating value and is therefore to be supported. Through the characterization of the forms of work promoted in social law, the article demonstrates the ambivalence of this branch of law towards productivism. It is strongly rooted in the productivist model since it has been constructed around the concept of labour exchanged in the market, considered as the best way to ensure continual growth. However, at the same time, it relativizes productivism by promoting, in some places, economically non-productive but nonetheless (eco) socially useful activities.\u0000Productivism, Foundations of Social Law, Ecosocial Welfare, Sustainable Welfare, Right to Work, Decommodification, Post-productivism, Value of Work, Critical Labour Law, Critical Legal Studies","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41961341","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

Implementation of the European Youth Guarantee and the Right to Work: A Comparative Analysis of Traineeship Programmes Under the EU Active Labour Market Policy 欧洲青年保障和工作权利的实施:欧盟积极劳动力市场政策下的实习生计划的比较分析

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-09-01 DOI: 10.54648/ijcl2022013

Anja Eleveld, Tania Bazzani, Alexandre De Le Cour, E. Staszewska

{"title":"Implementation of the European Youth Guarantee and the Right to Work: A Comparative Analysis of Traineeship Programmes Under the EU Active Labour Market Policy","authors":"Anja Eleveld, Tania Bazzani, Alexandre De Le Cour, E. Staszewska","doi":"10.54648/ijcl2022013","DOIUrl":"https://doi.org/10.54648/ijcl2022013","url":null,"abstract":"This article analyses the consistency between the implementation of the EU Youth Guarantee and the fundamental right to work. Focusing on the use of traineeships as an implementation instrument, it explores various types of national Active Labour Market Policies (ALMP) for young unemployed people in Italy, Spain, the Netherlands and Poland. The case studies show that it remains to be seen whether the traineeships considered in this research comply with the right to work. The authors argue for the need to strengthen the Youth Guarantee to accord with the right to work, so that in addition to the right to a first job, it ensures that work-related instruments include the provision of effective training, as well as the right to equal pay for work of equal value, and decent working conditions. This is particularly important in view of the Coronavirus disease 2019 (COVID-19) pandemic, that has had an unprecedented economic impact in the EU and is likely to result in another dramatic upsurge in the number of young unemployed.\u0000Youth Guarantee, Right to Work, NEETs, Traineeships, Decent Work, Equal Pay, Active Labour Market Policies","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44230294","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

Labour, Strategy, and the Constitutional Protection of Work: On the Effectiveness of Legal Strategy 劳动、战略与劳动的宪法保护——兼论法律战略的有效性

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022004

J. Meakin

引用次数: 0

Reflections on the Role of the Trade Union Lawyer 对工会律师角色的思考

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022005

L. Hendy

{"title":"Reflections on the Role of the Trade Union Lawyer","authors":"L. Hendy","doi":"10.54648/ijcl2022005","DOIUrl":"https://doi.org/10.54648/ijcl2022005","url":null,"abstract":"The role of the lawyer acting for trade unions is constrained, of course, by his or her function and status. The lawyer may be confined to servicing legal needs largely unrelated to the fact that her client is a trade union. Such matters as property conveyancing, fleet car purchase, insurance claims, disputes over payment for and services bought in, insurance and the like are common to many organizations. On the other hand, the lawyer may have the opportunity of using her legal skills to advance directly the principal functions of a trade union. In so doing, the lawyer is likely to operate in one or more of four spheres of activity:\u0000– The lawyer may be an advisor and litigator on behalf of members of the union in the field of workers’ rights vis-à-vis employers (and sometimes in relation to members’ interactions with the police or other State or third parties).\u0000– She may be an advisor and litigator on behalf of the union in the field of trade union rights.\u0000– She may have a function as an educator of members and officers in relation to the law.\u0000– Finally, she may have a role in changing the law.\u0000This paper explores some aspects of these activities. I will illustrate some points by reference to cases in which I have appeared. This is not as immodest as it sounds since so many ended in defeat! In mitigation, however, I would, of course, say that the legal battlefield is naturally unfavourable to trade unions and that that characteristic disadvantage is multiplied when pursuing ground-breaking litigation.\u0000Trade Union Lawyers, Workers’ Rights, Trade Union Rights, Employment Tribunal, Employment Appeal Tribunal, Supreme Court, European Court of Human Rights","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46035157","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

Mobilizing for Recognition: Indie Unions, Migrant Workers, and Strategic Equality Act Litigation 动员承认:独立工会，移民工人和战略平等法案诉讼

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022007

Manoj Dias-Abey

{"title":"Mobilizing for Recognition: Indie Unions, Migrant Workers, and Strategic Equality Act Litigation","authors":"Manoj Dias-Abey","doi":"10.54648/ijcl2022007","DOIUrl":"https://doi.org/10.54648/ijcl2022007","url":null,"abstract":"Drawing on a broad repertoire of action, including strategic litigation, several new activist unions have appeared that seek to represent the multiracial working class of contemporary Britain. Although the court cases that have drawn the most attention are those that challenge the misclassification of employees or ‘workers’ as ‘self-employed’, another dimension of these unions’ strategic litigation has been the utilization of the Equality Act 2010 (Equality Act) to allege racial discrimination. The contention advanced in this article is that it might be possible to read unions’ increasing use of the Equality Act as instances of them pursuing a politics of recognition. For those of us interested in analysing and assessing the strategies of unions in respect of their multiracial membership, the critical question is why and how race discrimination claims may act to boost indie unions’ efforts to organize diverse workplaces. Drawing on Nancy Fraser’s work that asserts a politics of recognition can contribute to a politics of redistribution, this article proposes that recognition claims may be advancing the broader goals of labour organizing by building a worker subjectivity poised for action, and a collective identity undergirded by respect, mutual understanding, and solidarity.\u0000Discrimination, Migrant Workers, Legal Mobilization, Recognition, Organizing","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43497062","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

Can We Trust the Courts in Labour Law? Stranded Between Frivolity and Despair 我们能相信劳动法法庭吗?徘徊在轻浮和绝望之间

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022006

Alan L. Bogg

引用次数: 2

Labour Movements and the Effectiveness of Legal Strategy: Three Tenets 劳工运动与法律策略的有效性:三个原则

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022009

J. Meakin

引用次数: 0

Failing to Succeed? The Cambridge School and the Economic Case for the Minimum Wage 未能成功?剑桥学派与最低工资的经济案例

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2022-06-01 DOI: 10.54648/ijcl2022010

S. Deakin

引用次数: 0