工作和家庭生活法律规制的国际趋势

J. Murray
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引用次数: 1

摘要

1. 本报告描述了对劳动力市场进行法律干预以更有效地解决工作和家庭生活的重要趋势。各国政府以及包括国际劳工组织和欧盟在内的国际机构一直在推动变革。制定了一系列不同的措施和标准。在某些情况下,现在有非常重要的休假权利,旨在提高工人协调其工作和家庭生活承诺的能力。例如,。产假(最多52周带薪产假)[英国]。育儿假:孩子八岁生日前三年[德国]。紧急假:每名工人每年60天带薪假,用于照顾12岁以下儿童[瑞典]。获得兼职工作:改变工作时间的“权利”,但必须受到严重的商业反对(荷兰和德国)。非全时工作的质量:禁止对同等全时工作的歧视性条件[所有欧盟国家]“工作和家庭”所涵盖领域的定义正变得更加灵活。举个例子。英国法律允许员工申请“合理休假”来照顾非家庭成员,如果在紧急情况下,员工是唯一可以承担这项任务的人。爱尔兰法律规定,为残疾父母提供主要照顾者的工人最多可休假130周。加拿大法律(不列颠哥伦比亚省)从广义上承认家庭责任假,如与"照料、健康或教育"有关;安大略省将"父母"定义为"与儿童的父母有某种永久关系并计划将儿童视为自己子女的人"。这项最近的条例的大部分是专门为了建立一个原则和程序的法律框架,在这个框架内,可以通过个人或集体谈判在工作场所实施。对工作-生活管理系统的结果的评估正在出现。总的来说,来自英国、爱尔兰和荷兰的早期证据表明,新规定增加了工人对弹性工作制的使用,并没有导致工业法庭和法院审理的争议案件大幅增加。有一些证据表明,雇主团体(其中许多人反对引入新法律)在新制度下运作良好。预测的灾难性后果要么没有发生,要么迄今为止尚未在可用的研究中报告。美国似乎是个例外,1993年的《家庭医疗休假法》(Family Medical Leave Act)被一些雇主认为是制约他们竞争能力的主要因素。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International Trends in the Legal Regulation of Work and Family Life
1. This report describes a significant trend towards legal intervention in the labour market to achieve more effective resolution of work and family life. Change has been promoted by national governments, and international institutions including the International Labour Organisation and those of the European Union.2. A range of different measures and standards have been created. In some cases, there are now very significant leave entitlements designed to increase the capacity of workers to reconcile their commitments to work and family life. For example,. maternity leave (up to 52 weeks' paid) [UK]. parental leave : three years prior to child's eighth birthday [Germany]. emergency leave : 60 paid days per worker per year to care for a child under twelve [Sweden]. access to part-time work : 'right' to change hours, subject only to serious business objections [Netherlands and Germany]. quality of part-time work : prohibition on discriminatory conditions vis-a-vis comparable full-time work [all EU States]3. Definitions of the field covered by 'work and family' are becoming more flexible. So, for example. UK law permits workers to request 'reasonable time off' to care for non-family members, where the worker is the only person available toundertake this task in a care emergency. Irish law provides up to 130 weeks' leave for a worker who is the primary care giver to, for example, both disabled parents. Canadian law (British Columbia) recognises leave for family responsibilities in broad terms, as related to 'care, health or education';Ontario defines as 'parent' as 'a person who is in a relationship of some permanence with a parent of a child and who plans on treating the child as his or her own'.4. Much of this recent regulation is designed specifically to establish a legal framework of principles and processes within which implementation can occur at the workplace, through individual or collective bargaining.5. Assessments of the outcomes of systems of work-life regulation are emerging. On balance, the early evidence from the UK, Ireland and the Netherlands suggests that the new rules have increased workers' use of flexible work and have not led to a sharp increase in contested matters before industrial tribunals and the courts. There is some evidence that employer groups, many of whom opposed the introduction of the new laws, have worked well with the new systems. The predicted catastrophic consequences have either not occurred, or have not yet been reported in the research available thus far. An exception appears to be the USA, where the Family Medical Leave Act of 1993 is claimed by some employers as a major fetter on their ability to compete.
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