Collective Bargaining, Discrimination, Social Security and European Integration

by Blanpain, Roger

• ISBN13: 9789041120106
• ISBN10: 9041120106
• Format: Paperback
• Copyright: 2003-07-01
• Publisher: Kluwer Law Intl

Summary

Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work. Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and ready to tackle the world-of-work challenges that confront us. And if they are not, we can begin to formulate a basis for new and effective labour and social security laws. This was in fact the essential impetus For The European Conference of the International Society of Labour Law and Social Security held in Stockholm in September 2002, a ground-breaking conference of which this book is the written record. In general, The papers stress the European situation, As it is in the EU, both as it exists today and as it is likely to be in the foreseeable future, a community of twenty-five nations, that the major work challenges are felt, and that the legal debate on relevant issues is strongest and most open. However, The twenty-four distinguished authors include representatives from countries as far-flung as Belarus and Congo, Korea and Turkey, and with these contributions the analysis extends to a study of fundamental rights as they actually exist under a wide variety of labour and social security law regimes in today's world. Collective Bargaining, Discrimination, Social Security and European Integration should not be overlooked by any policymaker or academic in the fields of labour and industrial relations law or social security law. it is one of the most detailed and current investigations we have of a situation that threatens to become a crisis in contemporary law and society.

Table of Contents

Editorial	vii
List of Contributors	xi
The Autonomy of Collective Agreement	1	(48)
Niklas Bruun
Collective Bargaining and the Law in Central and Eastern Europe: Recent Trends and Issues	49	(54)
Giuseppe Casale
EC law on Justification for Sex Discrimination in Working Life	103	(50)
Tamara K. Hervey
Freedom of Movement and Transfer of Social Security Rights	153	(52)
Ann Numhauser-Henning
Analysis of Cases of Application of Community Regulations to Non-community Workers	205	(18)
Juan Antonio Sagardoy
The Relationship between the State and Trade Unions on the Labour Market: the Belarusian Case	223	(8)
Yaraslau Kryvoi
Role of the Trade Union in Negotiation on Collective Labour Contracts, China	231	(22)
Ke Chen
The Autonomy of the Collective Agreement in the Context of Globalisation. Views of the Congolese Labour Law	253	(20)
Arnauld Kayembe Tabu
Collective Agreements in Croatia	273	(16)
Ivana Grgurev
Basic Problems of Collective Bargaining in the Czech Republic	289	(4)
Petr Hurka
The Situations and Improvement of Working Conditions of Foreign Workers in Korea	293	(4)
Hagchun Lee
Collective Bargaining in Romania	297	(30)
Luminita Elena Dima
The Autonomy of Collective Agreements, Russia	327	(12)
Zhanna Gorbacheva
The Autonomy of the Collective Agreement in Serbia and Montenegro	339	(14)
Senad Jasarevic
Justification for Sex Discrimination in the Workplace in South Africa	353	(24)
Darcy du Toit
Equal Opportunities for Men and Women and a Balanced Distribution of Family Responsibilities: A Collective Bargaining Perspective in Spain	377	(4)
Milagros Alonso Bravo
The Inclusion of the European Collective Agreement as one of the Sources of Community Social Law, Spain	381	(10)
Laurentino Duenas Herrero
The Collective Agreement in the New Economic and Productive Context, Spain	391	(6)
Elias Gonzalez-Posada Martinez
Pay Discrimination and the Health Rights of Working Women: Legislative Regulation versus Regulation by Collective Bargaining in Spain	397	(4)
Azucena Escudero Prieto
Sexual Harassment and Collective Bargaining in Spain	401	(4)
Ana Murcia Claveria
Analysis of three Aspects of the Spanish Collective Bargaining from the Point of View of Equal Treatment for Men and Women: Access to Employment, Promotion and Training System	405	(16)
Noemi Serrano Arguello
Gender Equality in Labour Law; A Turkish Perspective	421	(16)
Kubra Dogan Yenisey
Misunderstanding the Swedish model	437	(20)
Svante Nycander
Proceedings of the Congress	457
Arturo S. Bronstein