International Journal of Comparative Labour Law and Industrial Relations最新文献_第9页

Occupational Welfare in Israel: A Study of Collective Agreements and Benefits 以色列的职业福利：集体协议与福利研究

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-09-01 DOI: 10.54648/ijcl2020013

Lilach Lurie

{"title":"Occupational Welfare in Israel: A Study of Collective Agreements and Benefits","authors":"Lilach Lurie","doi":"10.54648/ijcl2020013","DOIUrl":"https://doi.org/10.54648/ijcl2020013","url":null,"abstract":"Welfare regimes differ in how they supply social benefits such as pensions, disability allowances, and unemployment funding. In several regimes, the social partners – employee unions and employers’ associations – provide social benefits for workers. These regimes promote occupational welfare. This article aims to study the advantages and limitations of occupational welfare through the case study of Israel – a country in which the social partners promote occupational welfare by means of collective agreements. It examines the ways collective agreements – directly and indirectly – advance occupational welfare in Israel. The research includes a quantitative study of all collective agreements concluded in Israel in the period 1957-2016 and a qualitative study of Israeli collective agreements at the national level. The study shows that although Israel’s social partners lost much of their power during this period, they are still able to promote occupational welfare, and that Israeli social partners promote innovative workplace policies through collective agreements. Several occupational welfare arrangements first introduced in collective agreements were later extended through legislation or extension orders to all Israeli workers. Without collective bargaining, important occupational welfare benefits might have not been introduced. However, state legislation was needed to fix the flaws of these arrangements, including enforcement problems and lack of coverage of the self-employed.\u0000Occupational Welfare, Social Welfare, Collective Agreements, Employee Unions, the Social Partners, Pension, Disability Benefits, Minimum Wage, Israel","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46033171","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

Dismantling the Trojan Horse in Singapore: A Critical Evaluation of the Implied Term of Mutual Trust and Confidence 破除新加坡的特洛伊木马：对相互信任隐含期限的批判性评价

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-09-01 DOI: 10.54648/ijcl2020015

Kah-Wai Tan

引用次数: 0

In Memoriam: Jacques Rojot (1941–2020)

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-09-01 DOI: 10.54648/ijcl2020014

A. Neal

引用次数: 0

Special Issue on the Role of the Social Partners in the Welfare State: Introduction 社会伙伴在福利国家中的作用特刊：导言

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-09-01 DOI: 10.54648/ijcl2020016

P. Olsson, C. Johansson

引用次数: 0

The Social Partners in the Welfare System in Italy: From Coordination to Fragmentation 意大利福利体系中的社会伙伴：从协调到分裂

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-09-01 DOI: 10.54648/ijcl2020017

D. Comandé, S. Giubboni

引用次数: 0

Multi-level Disputes Relating to Freedom of Association and the Right to Strike: Transnational Systems, Actors and Resources 结社自由与罢工权的多层次纠纷:跨国制度、行动者与资源

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-06-18 DOI: 10.54648/ijcl2020024

Tonia Novitz

引用次数: 1

Sex Work Regulation, Anti-trafficking Policy, and Their Effects on the Labour Rights of Sex Workers in Germany 德国性工作法规、反拐卖政策及其对性工作者劳动权利的影响

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-06-01 DOI: 10.54648/ijcl2020011

Inga K. Thiemann

{"title":"Sex Work Regulation, Anti-trafficking Policy, and Their Effects on the Labour Rights of Sex Workers in Germany","authors":"Inga K. Thiemann","doi":"10.54648/ijcl2020011","DOIUrl":"https://doi.org/10.54648/ijcl2020011","url":null,"abstract":"This article provides an analysis of regulatory approaches to sex work, the status of sex workers’ labour rights, and the conflation of sex work and human trafficking, with reference to the example of Germany. It assesses the strengths and weaknesses of Germany’s approach to the regulation of prostitution and the ways it has been influenced by international debates challenging the status of sex work as work, as well as concerns about human trafficking. It analyses the Prostitution Act 2002 (ProstG), and the Prostitute Protection Act 2017 (ProstSchG), and their effects on the rights and working conditions of sex workers, as well as their aim of improving the safety of vulnerable sex workers and reducing the level of human trafficking and exploitation in the German sex industry. In particular, the article considers the impact of this legislation on those working in the sex industry, especially migrant women and those at risk of exploitation. Through its analysis of the existing approach to sex work in Germany, the direction of reform and the absence of a labour-rights approach to the regulation of sex work and the prevention of trafficking, the article highlights the fact that even a country that is -in principle - willing to accept sex work as work, has failed to grant labour rights to sex workers. The article argues that the Prostitute Protection Act has in some ways increased the vulnerability of sex workers rather than promoting their safety. In addition, it is argued that legislators should consider labour protection and labour rights as an alternative means of protecting sex workers, rather than (re)criminalizing aspects of sex work in the name of ‘protecting’ women by means of prohibition or control. Adopting a labour-rights approach rather than paternalistic approach would have the potential to bring about far-reaching reform of the relevant legislation both in Germany and internationally.\u0000Sex Work, Human Trafficking, Labour Rights, Criminalization, Prostitution, Sex Work as Work","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43190341","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

Applying the Temporary Agency Work Directive to Platform Workers: Mission Impossible? 将临时代理工作指令应用于平台工人:不可能完成的任务?

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-06-01 DOI: 10.54648/ijcl2020009

Annika Rosin

{"title":"Applying the Temporary Agency Work Directive to Platform Workers: Mission Impossible?","authors":"Annika Rosin","doi":"10.54648/ijcl2020009","DOIUrl":"https://doi.org/10.54648/ijcl2020009","url":null,"abstract":"In recent years most of the discussion among labour law scholars about platform workers has concentrated on their employment status. However, it is unclear which norms regulate platform work in cases in which the worker is classified as an ‘employee’. Platform work resembles temporary agency work (TAW) due to its fixed-term and triangular nature, giving rise to the question of whether provisions regulating TAW should be applied to platform work. The aim of this article is to analyse whether it is possible to apply the Temporary Agency Work Directive (TAWD) to platform workers and whether it would improve their employment conditions. It is argued that the automatic application of the TAWD to platform workers would be complicated and would not improve their employment rights. The main obstacles include the problems arising from the assignment of supervision and direction to the user; issues relating to the determination of working time; the identification of a comparator for the purposes of equal treatment, and the derogation from the principle of equal treatment based on qualifying periods. Other possibilities for the regulation of platform work need to be identified.\u0000Platform Work, Temporary Agency Work, Temporary Agency Work Directive, Atypical Employment","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46834398","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

Implementation of the H&M Global Framework Agreement in Cambodia: Producing Outcomes for Industrial Democracy Despite a Challenging Context? 《H&M全球框架协议》在柬埔寨的实施：在充满挑战的背景下为工业民主带来成果？

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-06-01 DOI: 10.54648/ijcl2020010

John-Paul Norpoth, M. Kaltenborn, Carina Neset

{"title":"Implementation of the H&M Global Framework Agreement in Cambodia: Producing Outcomes for Industrial Democracy Despite a Challenging Context?","authors":"John-Paul Norpoth, M. Kaltenborn, Carina Neset","doi":"10.54648/ijcl2020010","DOIUrl":"https://doi.org/10.54648/ijcl2020010","url":null,"abstract":"Global Framework Agreements (GFAs) are expected to be a more effective instrument for safeguarding collective labour rights in global supply chains than the unilateral instruments of private regulation adopted previously. The direct involvement of global union federations as contractual partners has significant potential in this regard. However, the effects of GFAs in supply chains have so far been under-researched. Since the exercise of collective labour rights is often prevented or undermined in producer countries of the Global South, and global supply chains are characterized by unstable and volatile relationships between global brands and local suppliers, the effective local implementation of GFAs faces particular challenges. Against this background, this article provides a qualitative analysis of expert interviews to examine how the implementation of the GFA of the global fashion brand H&M in Cambodia has influenced power relations between key stakeholders in the Cambodian garment industry and to what extent the agreement contributes to promoting ‘industrial democracy’ in the H&M supply chain in Cambodia.\u0000Platform Work, Temporary Agency Work, Temporary Agency Work Directive, Atypical Employment","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45592908","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

In Memoriam: Ruth Ben Israel (1931–2020) 《追忆似水年华：鲁思·本·伊斯雷尔》（1931–2020）

IF 0.8

International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2020-06-01 DOI: 10.54648/ijcl2020008

A. Neal

引用次数: 0