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Borucki, Alex. "Trans-imperial History in the Making of the Slave Trade to Venezuela, 1526-1811." Itinerario 36, no. 2 (August 2012): 29–54. http://dx.doi.org/10.1017/s0165115312000563.
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The last two decades have witnessed an unprecedented expansion of knowledge about the transatlantic slave trade, both through research on specific sections of this traffic and through the consolidation of datasets into a single online resource: Voyages: The Transatlantic Slave Trade Database (hereafter Voyages Database). This collective project has elucidated in great detail the slave trading routes across the Atlantic and the broad African origins of captives, at least from their ports of embarkation. However, this multi-source database tells us little about the slave trading routes within the Americas, as slaves were shipped through various ports of disembarkation, sometimes by crossing imperial borders in the New World. This gap complicates our understanding of the slave trade to Spanish America, which depended on foreign slavers to acquire captives through a rigid system of contracts (asientos and licencias) overseen by the Crown up to 1789. These foreign merchants often shipped captives from their own American territories such as Jamaica, Curaçao, and Brazil. Thus, the slave trade connected the Spanish colonies with interlopers from England, France, the Netherlands, Portugal (within the Spanish domain from 1580 to 1640), and eventually the United States. The importance of the intra-American slave trade is particularly evident in Venezuela: while the Voyages Database shows only 11,500 enslaved Africans arriving in Venezuela directly from Africa, I estimate that 101,000 captives were disembarked there, mostly from other colonies. This article illuminates the volume of this traffic, the slave trading routes, and the origins of slaves arriving in Venezuela by exploring the connections of this Spanish colony with the Portuguese, Dutch, British, and French Atlantics. Imperial conflicts and commercial networks shaped the number and sources of slaves arriving in Venezuela. As supplies of captives passed from Portuguese to Dutch, and then to English hands, the colony absorbed captives from different African regions of embarkation.
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Kjellberg, Anders. "The Shifting role role of unions in the social dialogue." European Journal of Workplace Innovation 6, no. 2 (March 5, 2021): 220–44. http://dx.doi.org/10.46364/ejwi.v6i2.807.
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The article deals with the declining union density and shrinking coverage of collective agreements in most EU/EES countries, in particular in Eastern Europe and Greece. In many countries, international organizations pushed through “structural reforms” weakening trade unions. The result is declining union density and decreased capacity to conclude sectoral collective agreements and avoid downwards derogations at company level. Even in some core eurozone countries have governments without much of social dialogue carried through “internal devaluation” to restore competitiveness. High union density (Finland) or high union mobilization capacity (France) could not prevent this development. The economic performance of a country and degree of globalization, including the absence of a national currency, appear to be more important. The Swedish (and Nordic) model of self-regulation, resting on negotiations between the labour market parties, contrasts sharply to French state regulation with its high frequency of state extension of collective agreements and minimum wages set by the state. Union density in Sweden is still among the highest in the world but has declined considerably the last twenty years, in particular among the rapidly growing share of foreign-born blue-collar workers. As a small, strongly export-dependent country dominated by large transnational groups, Swedish economy is very influenced by globalization. This has shifted the balance of power to the advantage of employers, and by that circumscribed the unions’ efforts to achieve developing jobs and improved working environment.
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Kovačević, Aleksandar. "Decent work at local digital platforms in Serbia." Politička revija, no. 00 (2023): 5. http://dx.doi.org/10.5937/pr77-44233.
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In this study, we examine the concept of decent work on local digital platforms in Serbia. So, this article focuses on the research topic of whether labour done on local digital platforms may be classified as "decent work." Labour digitization and the digital economy are novel phenomena that need in-depth examination. We begin with the concept of the digital economy as a basis for the development and expansion of digital labour. This new economy is characterised by knowledge and the use of various smart tools, as well as the crossing of national borders, and so on. Nowadays, we may talk about the gig economy, which is defined by short-term employment on online platforms or labour via mobile applications. These developments resulted in the establishment and growth of a worldwide digital labour market marked by non-standard forms of employment, insecure labour agreements, and the involvement of third-party intermediaries between employees and clients. There are considerable efforts to alter employment legislation throughout Europe. Co-regulation, which involves several players in the decision-making process, is one possible option. The Directive on Improving Working Conditions in Platform Work, which is now in the process of adoption, is perhaps the most important document at the EU level. It is worth mentioning the practices of the European Union's Court of Justice, national courts in Spain, the Netherlands, Italy, and Germany, as well as national regulations in both Italy and France that establish the right to disconnect. We must also acknowledge the work of international and national trade union federations, such as the European Trade Union Confederation. So, the most pressing issue in this study is finding decent work in the digital labour market. A decent work index comprises many indicators. With statistical and legal indicators, the International Labour Organisation discusses 10 core aspects of decent work. According to an early study, there is no decent work on digital platforms due to bogus self-employment, which occurs when certain entrepreneurs work for only one company. The reasons for this phenomenon are reduced expenses and employers' lack of accountability. This is also an aspect of digital labour in Serbia. To assess the gig economy in Serbia, we use the online labour index and the gigmeter. According to the online labour index, Serbia is among the top 15 nations in the world in terms of the number of digital employees, accounting for 1.4% of the global total. Software development is the most frequent occupation. According to the gigmeter, the most frequent employment is creative and multimedia. The most crucial duty is to figure out how many digital employees there are in Serbia. According to the most conservative estimate, Serbia has almost 90,000 digital employees. Almost two-thirds of digital employees in Serbia are in hidden employment. Now we can talk about doing decent work on digital platforms in Serbia. To assess decent work, we apply the Fair Work Principles. Fair pay, fair conditions, fair contracts, fair management, and fair representation re among these principles. Every platform can be scored with a basic and an extra point, for a total of 10 points. The study incorporates five platforms: Uradi-zaradi, Glovo, Wolt, Car: Go, and Mr.D. According to the Fairwork rating, Uradi-zaradi and Wolt met the most requirements but received just a passing grade. The Public Policy Centre performed extensive research on decent work to find that it does not exist on digital platforms. The most essential motivation for digital labour is a high wage, which comes at the price of a long working week. This study determined that neither platform satisfies the passing standard and makes some recommendations for improving working conditions on local platforms. First, the practice of bogus self-employment must be stopped. Second, labour legislation must be revised. Third, the right to collective bargaining must be extended to digital workers. This can be done by a strong trade union movement that can find a way to safeguard digital employees without jeopardising traditional workers' rights.
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Carluccio, Juan, Denis Fougère, and Erwan Gautier. "Trade, Wages and Collective Bargaining: Evidence from France." Economic Journal 125, no. 584 (May 1, 2015): 803–37. http://dx.doi.org/10.1111/ecoj.12262.
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Aleinieh, Tarek Kadour, and Laura Zoboli. "Increasing standardization for smart(er) contracts." Uniform Law Review 26, no. 3 (August 1, 2021): 583–98. http://dx.doi.org/10.1093/ulr/unab022.
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Abstract Legal standardization traditionally played an important role in contractual relations. With technological and commercial development and expansion of trade from the individual and collective levels to internationalization, it became necessary to create a set of standards to keep pace with this development and facilitate the contractual process. Although smart contracts are considered a leap in the contractual relationship, it cannot be overlooked that these contracts share many characteristics with traditional contracts. To gain a greater position in the global market, smart contracts also need to be well functioning and efficient. In this context, the article tackles the phenomenon of legal standardization and identifies the main weaknesses of smart contracts—to answer two crucial questions: how can these contracts be smarter, and how should we employ standardization to ensure their efficiency?
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Giulia, Giulia, and Giovanni Orlandini. "THE ITALIAN WAY TO INTERNAL DEVALUATION AND SOCIAL ACTORS’ STRATEGIES AGAINST AUSTERITY AND THE FLEXIBILIZATION OF THE LABOUR MARKET." Revista Direito das Relações Sociais e Trabalhistas 4, no. 2 (October 10, 2019): 129–51. http://dx.doi.org/10.26843/mestradodireito.v4i2.159.
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Introduction: the Italian way to internal devaluation; 1.a Precarization of labour and weakening of trade union action at company level (amendment of dismissal law); 1.b Circumvention of the CCNL by means of exceptional employment contracts; 1.c Downward competition on labour costs by means of outsourcing and value chains; 1.d Promotion of decentralized collective bargaining and its power to derogate from the law and freezing of collective bargaining in the public sector; 2. The trade union(s) strategies; 2.a Bargaining strategy; 2.b Judicial strategy; 2.c Confrontational strategy; 3. New challenges for workers and new challenges for their organization(s); 3.a Italian trade unions’ strategies; 3.b Alternative experiences of (and in favour of) precarious workers; 4. Anti-austerity protests: the involvement of trade unions and social movements; 5. Concluding remarks; Bibliography.
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Giraud, Baptiste. "The changing face of union action put to the test by neo-liberal reforms in France." Tempo Social 32, no. 1 (April 15, 2020): 137–56. http://dx.doi.org/10.11606/0103-2070.ts.2020.164063.
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This article reviews how French trade union are coping with the neo-liberal policies since the early 1980s. It shows their divergent reactions, and how these liberal reforms are implemented in a context of transformation of trade union action: the use of strikes is more difficult at the same time as the relationship between trade unions and collective bargaining is transformed in a logic of depoliticizing their strategies of action. These developments did not prevent a resurgence of strikes in the 2000s. It reveals the limits of the trade unions’ power of political influence, that implies the use of collective action. However, strikes have declined further in recent years, revealing the weakening of trade union mobilisation power.
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Tuckman, Alan, and Christopher Finnerty. "Individual contracts, collective bargaining and trade unionism: a case for the union voice." Personnel Review 27, no. 6 (December 1998): 448–59. http://dx.doi.org/10.1108/00483489810238895.
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Sáenz-Segura, F., R. A. Schipper, D. Miranda, and J. M. Chaves. "Modelling price scenarios for sustainable collective action and farm production: pepper in El Roble settlement, Costa Rica." Journal on Chain and Network Science 15, no. 1 (January 2015): 39–59. http://dx.doi.org/10.3920/jcns2015.x001.
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Pepper (Piper nigrum L.) is considered a non-traditional cash crop for enhancing local development in Costa Rica and a suitable activity for small farmers. Trade of pepper has been done by using contractual agreements between producers and processors, which provides at least three functions: insurance, incentives and information. Contracts also require a high level of commitment from contracting parties to keep the equity, efficiency, and sustainability of the trade relationship. The shift of trade conditions from a competitive to a monopsony market encouraged a group of farmers to start an association that aims to bulk and process pepper from members. Breaching contracts by members of the association endanger this effort of sustainable entrepreneurship. This usually happens when temporary market conditions yield higher procurement prices by other competitors. This situation is also worsened by the lack of proper information on production and processing costs between the contracting parties, and then, the disagreement on the procurement price fixation and payment conditions. By using a mixed integer linear optimization model, we aim to identify the ‘best’ price of fresh pepper traded between both parties. We make use of primary information from 12 different farms on production costs and from the association on processing costs. The model incorporates minimum required net margins for all contracting parties, while modelling the net margins of each party, the amount of traded fresh pepper and preferred contract possibilities, given different fresh pepper price scenarios. At lower prices, some of the farmers that supply pepper, do this to just break-even. At higher prices, more is supplied by more farmers. Under monopsony conditions and individual contracts between parties, it is in the interest of the buyer to offer higher fresh pepper prices in order to buy and process more pepper, up to the point that the marginal costs of buying more pepper are equal to the marginal benefits of that extra pepper. This is because the processor has fixed costs, next to variable costs. Higher volumes reduce the average total costs of processing per kg of pepper, and thereby increase profit. When group contracts are possible, thus under bilateral monopoly conditions – farmers acting as ‘one’ seller and the processor as the only buyer – more fresh pepper is supplied at higher prices than under monopsony conditions as more farmers would have higher surpluses. At the same time the processor would have a higher profit than using individual contracts.
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Yatskevych, Ivan. "Reforming Legislation on Collective Labour Relations Engaging Trade Union as a Party." NaUKMA Research Papers. Law 6 (February 15, 2021): 57–72. http://dx.doi.org/10.18523/2617-2607.2020.6.57-72.
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The paper covers problematic issues of reforming the legislation on collective labour relations with the participating trade union representing the interests and defending the rights of employees, consisting in a workers’ collective, during collective bargaining, concluding a collective agreement, holding a social dialogue on the local level. The article contains an analysis of a draft legislation such as draft laws On Labour, On Amending Certain Legislative Acts of Ukraine (Regarding Certain Issues of Trade Unions’ Activity), On Amending the Law of Ukraine On Collective Agreements and Contracts in order to reveal the main trends of the proposed drafts, their scientific analysis, and producing own conclusions regarding impact of these draft laws upon the efficiency of the trade unions movement in Ukraine.The study of the proposed amendments to certain legislative acts as well as corresponding conclusions are made in observance of the current trends in the development of judicial application of legislative provisions on the preferential right of a unit trade union to represent a collective’s interests during collective bargaining regarding concluding or amending a collective agreement at an enterprise or institution. The paper contains a discussion on problematic (from a perspective of legal exercising and research) issues of the current legislative provisions on the safeguarding implementation of trade unions competence conformity to the Constitution of Ukraine, ILO Convention No. 87, and the recent case-law.The accordance of principles of rule of law and legality, representation, and efficient representing of workers’ collective interests during the in-court dispute resolution regarding representing the collective of workers and accession to an effective collective agreement is highlighted.In the conclusion it is stated that there is a negative trend on further deterioration of the trade unions’ position as representatives of labour collectives empowered with representative and defensive functions in relations with employers. Besides that, it is stressed that adoption and implementation of the argued legislative initiatives will eventually cause deepening the crisis of trade unionism and deteriorating of social standards. It will make a negative impact on a person’s social security in the state. There are grounds to assert forming case-law acknowledging works councils as equally authorized representatives of the workers’ collective in collective bargaining. In the meantime, the practice of rejection of new trade union’s units to join an effective collective agreement within the employer’s enterprise persists. It is concluded with the necessity to improve the system of normative safeguards for the trade unions activity and creating an efficient mechanism for countering abuse of rights, including safeguarding provisions, by parties of collective labour relations.
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Harbridge, Raymond, and Kevin Hince. "Bargaining and Worker Representation under New Zealand's Employment Contracts Legislation : A Review After Two Years." Articles 49, no. 3 (April 12, 2005): 576–96. http://dx.doi.org/10.7202/050960ar.
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This paper examines the significant shift in the central philosophic and léegislative base of labour relations in New Zealand since the adoption of the Labour Relations Act in 1987 and the Employment Contracts Act in 1991. It reports two empirical studies. The first examines the collective bargaining System. The second study reports the structure and membership of trade unions in New Zealand in this new environment.
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Brigden, Cathy. "Unions and Collective Bargaining in 2009." Journal of Industrial Relations 52, no. 3 (June 2010): 321–34. http://dx.doi.org/10.1177/0022185610365634.
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With the global financial crisis posing an ongoing threat to job security, more positive experiences of trade unions were often overshadowed in 2009. The passage and commencement of the Fair Work Act finally brought Work Choices to an end, or so it seemed until leadership change in the federal Liberal Party revived debate over individual contracts at the end of the year. The still difficult relationship between the unions and the Rudd federal government was in evidence throughout the year, and was underlined at the ACTU Congress. The return of Telstra and the major banks to the bargaining table with unions demonstrated a significant shift in the collective bargaining and industrial relations landscape in 2009. Occupational health and safety issues confronting unions included further developments concerning James Hardie and asbestos, workplace fatalities in the Pilbara and harmonization of occupational health and safety laws.
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Alvino, Ilario. "Guida alla lettura della recente legge di riforma della democrazia sindacale in Francia: piena compatibilitŕ fra regolamentazione della contrattazione collettiva e principio del pluralismo sindacale." GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI, no. 122 (July 2009): 365–81. http://dx.doi.org/10.3280/gdl2009-122006.
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- The Author reviews the new French Law n. 2008-789, which introduces new considerable elements concerning the representativity of trade unions, the conditions of a regular collective bargaining, the establishment of specific structures of workers' representatives at the work place. On the one hand, the Author takes into consideration the differences between the Italian legal system and the French one, on the other hand, the reform process that brought into the introduction of new rules.Key words: France; Trade Union; Representativity; Collective bargaining; Freedom of association; Social dialogue.Parole chiave: Francia; sindacato; rappresentativitŕ; contratto collettivo; libertŕ sindacale; dialogo sociale.
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Alsharu, Ahmad Ibrahim. "Jordanian Legal Systems Regarding Refund and Replacement in Online Trade Contracts: A Comparative Analytical Study." European Journal of Law and Political Science 3, no. 3 (May 5, 2024): 1–10. http://dx.doi.org/10.24018/ejpolitics.2024.3.3.145.
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The birth of the internet has resulted in a rapid increase in online shopping activities. Despite the convenience of online shopping for sellers and buyers, various problems have emerged, harming consumers. Strong consumer protection is vital because goods traded online can not directly or physically be viewed or touched. The present study explored the legal provisions concerning refund or goods replacement within the online trade contract. Jordan currently lacks a law specifically for online trade, while e-commerce in Jordan is mainly governed by three laws, namely, the Jordan Civil Law 1976, Consumer Protection Law 2017, and Electronic Transactions Law 2015. E-commerce laws in the United Kingdom, France, Indonesia, and Malaysia were analyzed and compared with relevant Jordanian laws to examine the topics of refund and goods replacement in online trade contracts. Jordanian legal systems have been insufficient in guaranteeing consumers’ right to obtain refunds, goods, or services replacement from the provider or seller in online trade. Jordan thus needs to set up a special law on online trade that also legally covers matters of refunds and goods replacement.
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Rehfeldt, Udo. "Industrial relations in France." Employee Relations 40, no. 4 (June 4, 2018): 617–33. http://dx.doi.org/10.1108/er-02-2017-0033.
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Purpose The purpose of this paper is to present the actors, institutions and changing rules of the French system of industrial relations (IR). It questions whether the traditional view of the French model as “state-centric” is still adequate. Design/methodology/approach Based on institutionalist IR theories of social regulation and neocorporatism, the paper analyses the evolution of the French IR system from a “State-centric” model to the development of collective bargaining, both at the sector and company level, as well as of tripartite concertation. Findings Initially based on adversarial relations between trade unions and employers, compensated by strong state interventionism, the French IR system has experienced a series of reforms, adopted under the pressure of the unions in the 1980s and mostly under the pressure of the employers’ organisations since the turn of the century. These reforms boosted collective bargaining at the workplace level and tripartite concertation at the peak level. The paper analyses the limits of both developments and explains why a reversal of the hierarchy of norms was imposed in 2016 by law without prior concertation. Originality/value The paper presents an original explanation of the change of the initial French IR model, stressing the importance of power relations and the role of IR experts in the different reform moments.
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Nurgaliyeva, Yenlik N., and Xeniya B. Olzhabayeva. "Protection of labor rights of medical workers by trade unions in the Republic of Kazakhstan." Russian Journal of Labour & Law 14 (2024): 288–302. http://dx.doi.org/10.21638/spbu32.2024.119.
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The article covers the practical activities of a number of Kazakhstani sectoral trade unions of healthcare workers to protect the social and labor rights of medical workers. Once the activities of these trade unions were studies, the authors drew attention that in recent years they are guided by international standards, conclude contracts for implementation of various projects with the International Labor Organization, which not only determines ways to build the potential of trade unions and stimulate social dialogue in the field of health, but also shows shortcomings in the activities of trade unions and offers effective measures to prevent them in the future. At the initiative of the trade unions of the industry, now Kazakhstan intends to ratify a number of ILO conventions with essential value for healthcare development. Some attention is paid to the activities of trade unions during COVID–19 pandemic, in particular to the protection of medical workers serving patients with covid infection and who did not receive the lump-sum payments for this. The article includes positive experience of trade unions that developed "Memo on legal protection of healthcare workers, organized the activities of the group of lawyers "Medical Lawyer", "Salary calculator". It analyzed individual and collective complaints received by the trade union, mainly concerning non-reflection of provisions of the Sectoral Agreement for 2020-2022 in the collective agreements of medical institutions regarding the establishment of increased official salaries, increased surcharges for certain categories of medical workers. It is noted that in the whole country, there is unserious attitude of employers not only to the drafting of the content of collective agreements, but also to the conclusion, extension of their validity, additions and changes due to various socio-economic factors, changes in labor legislation.
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D.O., Dmytrenko. "Characteristics of the Scandinavian model of legal regulation of labor relations (on the example of Iceland)." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 160–64. http://dx.doi.org/10.24144/2307-3322.2021.65.29.
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This article considers scandinavian legal regulation of labor relation on the example of Iceland. The author analysed the basic laws governing labor relations, and concluded that Icelandic labor law works in conjunction with collective agreements. The rules and conditions of collective agreement are more adapted to specific types of organisations, unlike legislation rules of which applies to all types of organisations. Collective agreements are binding for all parties to the agreement, regardless of whether they are organizations or individuals. The responsibility for the company lie with employers’ confederations, trade unions and employees, that’s why the state doesn’t interfere in regulation of wages, working conditions and social protection, because they are mainly guaranteed by collective agreements, not by legislation. Labor disputes in Iceland are divided into “disputes of law” and “disputes of interest” and have different resolution mechanisms. “Disputes of law” concern the interpretation or application of the provisions of labor law: differences in the meaning of the statutes; provisions of individual employment contracts; provisions of collective agreements; and other legally binding provisions. “Disputes of interest” concern the establishment of new laws by agreeing on the contradictory content of collective agreements, working conditions etc. There are two stages of Icelandic procedure of labor disputes : 1) negotiations; 2) trial. Icelandic Labor Court is an integral part of the corporate structure of labor market. Labor Court is responsible for setting and creation of case law and balance industrial relations system and labor law. Another important role in Icelandic labor market is played by trade unions. By signing collective agreements with employers’ organisations trade unions strength labor market and provide employees with better working conditions that are more adapted to specified categories of industries.
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Banks, Robert F. "The Reform of British Industrial Relations : The Donovan Report and the Labour Government’s Policy Proposals." Relations industrielles 24, no. 2 (April 12, 2005): 333–82. http://dx.doi.org/10.7202/028022ar.
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Against a background of recurrent economic crisis in the 1960s pressures have developed to reform Britain's traditional industrial relations system. During the last two years the report of The Royal Commission on Trade Unions and Employers' Associations and a subsequent Labour Government White Paper included significant recommandations which are likely to change the character of the traditional system. Nevertheless both documents support an essentially voluntary approach to the reform of collective bargaining and reject the transformation of collective agreements into legally binding contracts. However, as a result both of growing public support for additional reforms and the improvement in the Conservative Opposition's political fortunes, plus doubts about the capacity of British unions and management to improve collective bargaining procedures voluntarily, the author suggests that further Government intervention in industrial relations is a strong possibility in the next few years.
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Schreiber, Herbert. "Balancing Union and Individual Rights in Israeli Collective Bargaining: Job Security and the Reinstatement of Wrongfully Dismissed Employees." Israel Law Review 29, no. 3 (1995): 459–90. http://dx.doi.org/10.1017/s0021223700014722.
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This paper will deal with the reinstatement of wrongfully dismissed employees in the Israeli law of collective bargaining. According to the current state of Israeli labor law, this question is connected with many other issues, such as the difference between individual and collective disputes (a problem most exhaustively developed in the law of strikes), the ability of an individual employee to enforce rights deriving from a collective agreement and the application of the regular contracts remedies law to collective agreements. We begin with the collective agreement and its administration.Israel's Collective Agreements Law of 1957 exhibits an intriguing amalgam of American and continental influences. From America the act borrowed the concept of an exclusive bargaining representative. It was contemplated that in aspecialcollective agreement between a labor organization and a single employer or in ageneralcollective agreement between a labor organization and an employers' association,onelabor organization only would be entitled to enter into the collective agreement — the labor organization with the largest union membership. An agreement made by such a representative labor organization would directly bind all employees in the plant or trade covered by the agreement, whether members of the representative labor organization or not.
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Boulin, Jean-Yves. "France: changes in the rules governing representativeness of trade unions and collective bargaining." Transfer: European Review of Labour and Research 14, no. 3 (January 1, 2008): 482–86. http://dx.doi.org/10.1177/102425890801400311.
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Regis, Helen A. "Ships on the Wall: Retracing African Trade Routes from Marseille, France." Genealogy 5, no. 2 (March 25, 2021): 27. http://dx.doi.org/10.3390/genealogy5020027.
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With this essay on decolonizing ways of knowing, I seek to understand the phantom histories of my father’s French family. Filling in silences in written family accounts with scholarship on Marseille’s maritime commerce, African history, African Diaspora studies, and my own archival research, I seek to reconnect European, African, and Caribbean threads of my family story. Travelling from New Orleans to Marseille, Zanzibar, Ouidah, Porto-Novo, Martinique and Guadeloupe, this research at the intersections of personal and collective heritage links critical genealogies to colonial processes that structured the Atlantic world. Through an exploration of family documents, literature, and art, I travel the trade routes of la Maison Régis.
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Lanyasunya, Andrew Ropilo. "The nature of employment contracts and the kind of benefits that are enjoyed by security guards from Samburu community working in Nairobi." Editon Consortium Journal of Business and Management Studies 4, no. 1 (December 5, 2022): 157–62. http://dx.doi.org/10.51317/ecjbms.v4i1.439.
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This study established the nature of employment contracts and the kind of benefits that are enjoyed by security guards from the Samburu community working in Nairobi. The study adopted a survey design, and data was collected through questionnaires, which were applied to 200 security guards who had been randomly selected from 5 administrative clusters in Nairobi. The findings indicated that security guards were not properly contracted with the right documentation, did not enjoy social security benefits, lacked information about trade unions, and were not enjoying their right to collective bargaining. The study focused on particular employee welfare issues to determine the extent to which their rights were granted. The issues were job contraction and employment benefits, as well as employee exposure to knowledge about trade unions. In examining these issues, the study looked at the following indicators, which provided evidence for granting or non-granting of employee rights: shelter, diet and investments made by the employees; existence of job contracts, insurance cover, retirement benefit plan and health cover as well as membership to a trade union. It recommended that the Government of Kenya should enforce a proper job contraction for security guards, as well as have them accorded all the employment benefits stipulated by labour laws; the trade union movement in Kenya should reach out to security guards; and that the parliament should come up with legislation which will prohibit engagement of security guards outside the employment of duly registered security companies.
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Brochard, Delphine, and Marie-Thérèse Letablier. "Trade union involvement in work–family life balance: lessons from France." Work, Employment and Society 31, no. 4 (February 1, 2017): 657–74. http://dx.doi.org/10.1177/0950017016680316.
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This article explores the challenges faced by union involvement in work–family life balance. It draws on the French case, where the state’s explicit call for firms to address the work–family life balance issue, notably through mandatory collective bargaining, has provided opportunities for union mobilization. Findings from qualitative research conducted at branch and company levels show that this public strategy has failed to stimulate innovation in related union policy and practices, even within a relatively feminized and partnership-oriented confederation. The reasons for this failure are discussed using a theoretical framework combining opportunity structure, and voice and choice issues. The article concludes that union underinvestment in work–family life balance results from a lack of effectiveness of the opportunity structure, but also, more specifically, from voice and choice factors which lead union representatives to downplay the issues at stake in this new bargaining agenda.
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Bogg, Alan, and Tonia Novitz. "The Politics and Law of Trade Union Recognition: Democracy, Human Rights and Pragmatism in the New Zealand and British Context." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 259. http://dx.doi.org/10.26686/vuwlr.v50i2.5745.
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In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Employment Contracts Act 1991. In both legal systems, a Labour Party is now proposing implementation of forms of sectoral bargaining. We explore the reasons for these political and legal developments, exploring democratic and human rights rationales for their adoption, as well as more pragmatic approaches. In so doing we examine the scope for democratic trade union representation via consent or ballot, the role of individual human rights and regulatory rationales. We conclude by considering how representative and regulatory approaches may be mutually reinforcing and address different understandings of "constitutionalisation". In so doing, we reaffirm the emphasis placed in Gordon Anderson's writings on substance over form.
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Turquet, Pascale. "La théorie des négociations salariales : quelle portée dans le cas français ?" Économie appliquée 50, no. 1 (1997): 75–104. http://dx.doi.org/10.3406/ecoap.1997.1626.
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Since the beginning of the 1980’s economic literature concerning the representation of collective bargaining was largely enriched. Its origin is anglo-saxon. Can the resulting models realize the validity of french collective bargaining, the example on which we shall be relying ? The main characteristics of french trade unions, the bargaining themes and the different bargaining levels are described. All of them cannot appear in such models. Most of the economists advise to decentralize the bargaining process (especially in France), as it could struggle the wage rigidity. But only a minimum wage is negotiated on a professionnal category level. Many factors contribute to shed light on union behaviour just as the progress of collective bargaining.
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Olivieri, Matteo, Maria Andreoli, Daniele Vergamini, and Fabio Bartolini. "Innovative Contract Solutions for the Provision of Agri-Environmental Climatic Public Goods: A Literature Review." Sustainability 13, no. 12 (June 20, 2021): 6936. http://dx.doi.org/10.3390/su13126936.
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Lack of public funding and environmental deterioration are promoting the search for innovative mechanisms enabling to boost farmers’ provision of agri-environmental climate public goods. This work aims to contribute to the current debate by highlighting the role of innovative contractual solutions through a systematic review of more than 60 articles. The review analyses the potential of result-based and collective contracts as innovative solutions compared to action-based instruments, which are those currently most used. The design of innovative contracts and other mechanisms, e.g., auction and screening contracts, can reduce the policy failures due to asymmetric information. The paper emphasises the trade-off between an accurate design of agri-environmental schemes and the related administrative burden, highlighting the need for a better understanding of the role of mechanisms design into the policy cycle. Some new instruments were not analysed in the review, due to the scarcity of literature, and there is the need of more case studies providing information on the effectiveness of instruments when implemented in different contexts. We fill the gap in empirical evidence through a SWOT analysis that evaluates the effectiveness and acceptability of innovative instruments for policy purposes.
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Bernardotti, Adriana, Sukhwant Dhaliwal, and Fabio Perocco. "Confronting racism in the health services." Transfer: European Review of Labour and Research 13, no. 3 (August 2007): 413–30. http://dx.doi.org/10.1177/102425890701300307.
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There are very high levels of staff of non-EU origin working in Europe's health services and these staff are often faced with racism. In many cases health sector trade unions have attempted to confront and challenge this racism. This article reports on research that shows that racism (both direct and indirect) is a continuing problem and that some trade unionists deny this and may even reinforce racism. The research consisted of studies in the national public health sectors of Belgium, France, Italy and the UK. The article concludes by examining the possibilities and limitations of trade union-led responses as collective means for confronting the many different forms of racism within the sector.
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Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.
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The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.
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Donini, Annamaria, Michele Forlivesi, Anna Rota, and Patrizia Tullini. "Towards collective protections for crowdworkers." Transfer: European Review of Labour and Research 23, no. 2 (April 18, 2017): 207–23. http://dx.doi.org/10.1177/1024258916688863.
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The ‘sharing economy’ and the collaborative economy are shaping new forms of employment in which digital platforms enable multilateral work relationships. This article discusses some initiatives aimed at the collective protection of crowdworkers. The first section investigates whether it is possible to extend EU labour protection – in particular, collective rights – to independent digital contractors. The second section looks at whether the national level may offer more effective measures for economically dependent digital workers or for distance workers, by comparing three selected countries: Italy, France and Spain. The article then explores the possibility of extending to crowdworkers the protections offered by collective bargaining and addresses how trade unions could have a role in implementing guarantees for crowdworkers. Comparative analysis is used to show how different constitutional systems recognise freedom of association, especially in relation to ‘subordinated’ workers. A strategy of viewing collective rights as human rights could be applied in order to reduce the contractual weakness of self-employed workers on digital platforms – and might even form the basis of a bill of rights.
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García Calavia, Miguel Ángel, and Michael Rigby. "The extension of collective agreements in France, Portugal and Spain." Transfer: European Review of Labour and Research 26, no. 4 (November 2020): 399–414. http://dx.doi.org/10.1177/1024258920970131.
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This article examines the role of extension provisions for collective agreements in France, Portugal and Spain, three countries that have faced pressure to introduce more flexibility in their employment regimes during recent economic crises. The article establishes the continuing importance of extension provisions for maintaining high bargaining coverage in all three countries and traces the origin of national differences in their evolution to the strategies of the various actors, governments, employers and trade unions, and the context in which they are operating. It also looks at the characteristics of the extension regulations themselves. Cet article examine le rôle des mécanismes d’extension des accords collectifs en France, au Portugal et en Espagne, trois pays qui ont été contraints d’introduire plus de flexibilité dans leurs régimes d’emploi durant les récentes crises économiques. L’article établit l’importance constante des dispositifs d’extension pour maintenir une couverture de négociation élevée dans ces trois pays et retrace l’origine des différences nationales dans leur évolution par rapport aux stratégies des différents acteurs, gouvernements, employeurs et syndicats, et au contexte dans lequel ils fonctionnent. Il examine également les caractéristiques des règles d’extension proprement dites. Der vorliegende Artikel untersucht die Regelungen für die Ausweitung von Tarifverträgen in Frankreich, Portugal und Spanien. In diesen drei Ländern gibt es Forderungen nach mehr Flexibilität in der Gestaltung von Arbeitsverträgen vor dem Hintergrund der Wirtschaftskrisen der letzten Jahre. Der Artikel beschreibt die unverminderte Bedeutung dieser Ausweitungsregelungen für den Erhalt eines hohen Deckungsgrades von Tarifverträgen in allen drei Ländern und geht den Ursachen für unterschiedliche nationale Entwicklungen entsprechend den Strategien der einzelnen Akteure, Regierungen, Arbeitgeber und Gewerkschaften in ihrem jeweiligen Handlungskontext nach. Der Artikel befasst sich ebenfalls mit den Merkmalen der verschiedenen Ausweitungsregelungen.
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Hepple, Bob. "Labour Law in an Era of Globalisation. Edited by Joanne Conaghan, Richard Michael Fischl, and Karl Klare. [Oxford: Oxford University Press, 2002. xxxii, 534 and (Index) 12pp. Hardback. £60. ISBN 0–19–924247–X.]." Cambridge Law Journal 61, no. 3 (December 11, 2002): 715–38. http://dx.doi.org/10.1017/s0008197302281787.
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The conception of Labour law as a distinctive branch of legal studies was a product of the late 19th century and the first half of the 20th century. The underlying theories (such as British collective laissez faire and US industrial pluralism) and the categories of legal thinking (such as “employee” and “contract of employment”) were shaped in industrialised nation states where the typical subjects of the law were Fordist manufacturing companies employing full-time male workers in life-time jobs on standardised contracts often regulated by collective agreements with trade unions. That “classical” model of labour law is plainly untenable in the post-industrial 21st century world in which union density and collective bargaining coverage have dramatically declined, and the “contract of employment” has lost much of its analytical value as paid work is increasingly performed outside conventional employment relationships. The feminisation of the workforce is now an irreversible fact, with profound consequences for the division between “work” and “family”, between paid and unpaid work, and between “jobs” and “careers”. Perhaps, the most important changes are those resulting from modern globalisation: the liberalisation of trade and investment, the domination of transnational companies (TNCs), the growth of a worldwide networked society, and increasing global competition. A major consequence of this is the reduced power of nation states to regulate labour within their own borders or migration across frontiers, the growth of complex multivalent legal orders with murky boundaries between supranational, transnational, national and workplace legal norms, and the prevalence of “soft” law such as corporate codes of conduct.
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Alam, Md Habib. "Application of CISG in Arbitration: A Combined Procedure or Parallel Procedure?" International Journal of Community Service & Engagement 2, no. 1 (March 2, 2021): 50–53. http://dx.doi.org/10.47747/ijcse.v2i1.192.
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CISG and arbitration are connected with each other. They may work through a combined or parallel procedure. Globalization of trade desires uniformity in trade. For uniformity of trade, we require uniform law. The arbitration may not work to make it uniform, but choosing any uniform law (i.e. CISG), it may lead to deal a particular arbitration in the international standard. The international standard may be maintained while considering the uniform law. Choosing uniform law (i.e. CISG), it may minimize the risk of wrong interpretation and put the arbitral parties on “equal footing”. Parties may consider CISG as the applicable law in their arbitral agreements. As of 13 February 2021, 94 states signed the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). The frontline trading states like the USA, Australia, Israel, Canada, China, Germany, France, Russia, and Japan are contracting states of CISG. This research emphasizes providing guidelines as to how parties may apply CISG into their arbitral agreements by maintaining the international standard.
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Ghashghaei, Leila, and Ali Ravanan. "A Comparative Study on the Role of the Electronic Commerce Act in Remote Transactions and Its Effect on Compensation from Iran and France Legal Perspective." Journal of Politics and Law 10, no. 2 (February 28, 2017): 146. http://dx.doi.org/10.5539/jpl.v10n2p146.
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Legal implications in various fields of e-commerce transactions are described by means of e-commerce from one of the parties and through the transaction implemented by Internet. Online contracts are a manifestation of true innovation in the field of traditional legal agreements. The main issue of concern is the lack of tools has traditionally been used to express the will of the contract.The lack of legal grounds to use in e-commerce, such as: Expert of judges, the admissibility of electronic documents, electronic signatures, the principle of good faith, law of consumer protection, commercial and competition law and how to compensate both material and spiritual is the most important challenge of the country's legislative system. The most important distinction between the Iranian and French law is on the implementation of its damage compensation that in French law is detailed discussions covering the damages due to breach of contract litigation is not compensable.But the other hand, moral damages, such as mental anxiety, loss of credibility and like that is compensable, while this is not done in Iran. Experience of law between Iran and France showed a weak pattern in consumer protection in e-commerce contracts. In this cross-sectional study to evaluate the role of trade in remote transactions and its effect on Iran and France in damage compensation from the legal perspective.
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Rivera, Ted, and Dave Foderick. "Ostrom’s Razor: Using Bitcoin to Cut Fraud in Hollywood Accounting." Journal of Risk and Financial Management 17, no. 4 (March 29, 2024): 139. http://dx.doi.org/10.3390/jrfm17040139.
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The accounting principles prevalent in Hollywood are seemingly crafted to mislead creators and investors. Film studios and streaming platforms have been found to use complex strategies to annually divert millions in net profits. Many contracts include audit clauses, but the cost of auditing a billion-dollar system is prohibitive for most creatives with “net profit” deals. However, a resourceful minority have recovered billions in profits and damages. We suggest using Bitcoin’s transparent, immutable ledger to eliminate fraudulent accounting and build trust among profit-seeking filmmakers willing to trade maximum income for maximum profit per share. This trust can be spread globally utilizing the Bitcoin network as a transparent and immutable triple-entry accounting system. Our research shows that distributing this decentralized trust is achievable by configuring an ecosystem of existing Bitcoin wallets, applications, and recorded contracts to create a universal source of truth for all parties assisting in the creation of valuable content in the form of movies. This network can form the foundation on which to build a legal blockchain infrastructure that can eventually facilitate the sale of tokenized securities, discretely disseminate recorded financial data, and transparently distribute revenue to a collective of filmmakers indefinitely.
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Melnychuk, N. "PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION." Social Law, no. 2 (April 27, 2019): 63–68. http://dx.doi.org/10.37440/soclaw.2019.02.09.
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The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.
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Chikhachev, Aleksey. "French Arms Export Policy: Features and Prospects." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 1 (February 2019): 196–206. http://dx.doi.org/10.15688/jvolsu4.2019.1.17.
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Introduction. As part of French foreign policy, arms trade is currently considered to be a specific way to promote national influence in the world and support defense industry at home. This approach has been already exercised for several decades, but the last presidency was an entirely new and interesting point in this respect because in 2015 and 2016 French arms trade attained the highest income rates. Methods. The key notion of this article is French ‘strategic autonomy’ which remains a pivotal point of any diplomatic activity of France since Charles de Gaulle’s presidency. Arms export perfectly corresponds to this point because it helps to maintain French autonomy in economic and political ways. To prove it, several methods were provided such as functional method, comparative analysis and SWOT-analysis. Analysis. This article aims to identify the specifics of contemporary French arms export policy. In this regard, the text is divided in three parts. The first one defines military export as a part of ‘strategic autonomy’ concept. To explain the recent growth, the second part explores a new governmental approach to arms trade. The third part brings together the issues and prospects of French military export expected for Emmanuel Macron’s term. Results. The main conclusion is that the new president seems to conduct the same policy as his predecessor. The government has reaffirmed its main principles in the field and renewed a political support for arms contracts. Military cooperation with foreign countries still officially depends on the idea of ‘strategic autonomy’ of France and its defense industry.
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Meadwell, Hudson. "Exchange relations between lords and peasants." European Journal of Sociology 28, no. 1 (May 1987): 3–49. http://dx.doi.org/10.1017/s0003975600005385.
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The purposes of this article are, first, to present a theoretical discussion of peasant revolts that develops an exchange model of relations between lords and peasants and second, to use this discussion as a framework for a review of some of the work on peasant activity in eighteenth-century France. The argument, therefore, begins from social exchange; it does not privilege structures at the theoretical origin. Any analysis should specify three features of exchange: what is exchanged and the terms of trade, the potential kinds of coordinated activity present in the exchange (the relationship between hierarchy and reciprocity), and the meaning of the exchange relationship to its participants. These three features are interconnected so that, for example, specifying the kind of collective action is also to specify terms of trade and meaning.
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Dawson, Mark, and Elise Muir. "Individual, institutional and collective vigilance in protecting fundamental rights in the EU: Lessons from the Roma." Common Market Law Review 48, Issue 3 (June 1, 2011): 751–75. http://dx.doi.org/10.54648/cola2011031.
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In the summer of 2010, French authorities organized the systematic dismantling of illegal Roma settlements. This resulted in the departure of a large number of Roma-EU citizens from France, as well as a significant dispute between France and the European Commission. While the dispute raises a number of issues of substantive EU law, it also illustrates some important strengths and weaknesses in the system of fundamental rights protection in EU law. This article takes these events as a test case to illustrate that tackling complex problems of human rights protection in the EU requires a hybrid approach in which individual and institutional enforcement mechanisms are complemented by a third level of collective vigilance. While ever since Van Gend & Loos the EU has built a comprehensive system of individual and institutional remedies for the enforcement of EU law, social and political factors may limit their usefulness for vulnerable minorities. The vigilance of collective actors such as networks, NGOs, trade unions and agencies may offer a useful additional layer of protection where they are well-integrated within the classic system of remedies for fundamental rights protection in the EU.
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Tomanek, Artur. "The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 71–82. http://dx.doi.org/10.18778/0208-6069.95.07.
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This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.
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Putintseva, Maria. "PREDICTIVE POWER OF INFORMATION MARKET PRICES." Journal of Prediction Markets 5, no. 2 (December 19, 2012): 44–74. http://dx.doi.org/10.5750/jpm.v5i2.489.
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Prediction (or information) markets are markets where participants trade contracts whose payoff depends on unknown future events. Studying prediction markets allows to avoid many problems, which arise in some artificially designed behavioral experiments investigating collective decision making or individual's belief formation. This work is aimed, first, to verify whether predictions made by prices of binary options traded in information markets are reliable and whether the prices contain additional information about the future comparing to the information available from the dynamics of underlying asset only. Second, inter- and intraday microstructure of the market of binary options on Dow Jones Industrial Average index is examined and described quantitatively. Third, since some ability to forecast future changes in the underlying asset is detected, a simple trading strategy based on observing the trading process in the prediction market is suggested and its profitability and applicability is evaluated.
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Körner, Marita. "German Labor Law in Transition." German Law Journal 6, no. 4 (April 1, 2005): 805–15. http://dx.doi.org/10.1017/s2071832200013936.
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For decades, German labor law has been among the most advanced in the world, although no labor code was ever enacted like, for e.g., in France with its ‘Code du travail’ adopted on 15th November 1973. In Germany, after World War II, German labor legislation developed a great variety of specific Acts covering individual and collective labor law. Basics, like protection against dismissal or collective bargaining, as well as employee participation in works councils, reached a high level. Although German law belongs to the Continental legal systems and thus is mainly based on legislation, some of the most important aspects of collective labor law, especially trade union law and the right to strike are not regulated by statutory law. Bundesarbeitsgericht (the Federal Labor Court) and Bundesverfassungsgericht (the Federal Constitutional Court) filled in the blanks step by step in a variety of decisions. Accordingly, these crucial fields of labor relations are based on mere case law. It turned out to be politically impossible to get trade union law and the law on strike and lock-outs enacted. Despite statements to the contrary, the parties involved seem to be content with this rather flexible handling. On the whole, German labor law became more and more protective over the years, including aspects like equality and prohibition of discrimination in employment, sick-leave payment, and the possibility to claim a part-time job under the 2000 Act on Teilzeit- und Befristungsgesetz – TzBfG (Part Time and Temporary Work).
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Xia, Liang-jie, and Hua-wei Zhi. "Ananlysis of Carbon Emission Reduction and Power Dominance between Single Manufacturer and Single Retailer in Regulatory Cap and Trade System." Discrete Dynamics in Nature and Society 2014 (2014): 1–12. http://dx.doi.org/10.1155/2014/523451.
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In the cap and trade system, the paper analyses the Stackelberg game between the power asymmetrical retailer and manufacturer and designs a side-payment self-enforcing contract to resolve some arguments that the existing research overemphasizes spontaneity of participation in side-payment contracts design based on supply chain coordination and does not consider rationality and fairness of allocation of profit increment. Also, the numerical analysis was given. The research shows some important conclusions: in the supply chain, the dominant manufacturer is not able to encourage the retailer to improve its promotion level by increasing its carbon cutting level, but the optimal emission reduction level increases with the dominant retailer’s promotion level; the optimal promotion level, emission reduction, and product demand in a retailer leading supply chain are higher than those in a supply chain dominated by manufacturer; with the new side-payment self-enforcing contract, decentralized decision according to individual rationality incurs a collective reason effect in the centralized setting.
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Coste, Margault. "Commercer sur la frontière de 1258. Norme et pratique des échanges entre le Roussillon et le Fenouillèdes (fin du XIIIe-milieu du XVe siècle)." Annales du Midi : revue archéologique, historique et philologique de la France méridionale 133, no. 313 (2021): 15–39. http://dx.doi.org/10.3406/anami.2021.9076.
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The border established in 1258 between the kingdom of France and the Catalan-Aragonese crown did not hinder the ancient economic exchanges between the two border “countries” : Fenouillèdes and the county of Roussillon. By crossing notarial and normative sources, exclusively from Roussillon, this article focuses on the trade practiced between these two regions from the end of the thirteenth to the middle of the fifteenth century, both from the point of view of the norms and practices of this activity, as well as the identity of its actors. It begins by presenting the economic policies imposed by the kings of Majorca and Aragon, as well as the specific legal clauses of the contracts concluded between the inhabitants of both sides of the border. It then reveals the course and the modalities of the commercialization of the five characteristic goods of the cross-border trade (wool, wood, iron, animals and cereals). Finally, following a social approach of the economy, it presents the actors of the cross-border trade, their origins, their identity and their activities. The border is thus considered as a dynamic space with its own characteristics and as a territory shaped less by central powers than by those who lived on the border and those individuals who crossed it.
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Guillaume, Cécile, Sophie Pochic, and Vincent-Arnaud Chappe. "The promises and pitfalls of collective bargaining for ending the victimization of trade union activists: Lessons from France." Economic and Industrial Democracy 39, no. 3 (April 6, 2016): 536–57. http://dx.doi.org/10.1177/0143831x16639657.
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The broadening of the anti-discrimination legislation and the growing use of litigation have put pressure on organizations to respond to the law by elaborating formal rules and, in the case of France, negotiating collective agreements on union rights. This article addresses the issue of union victimization by investigating the various organizational responses to anti-discrimination law. By focusing on in-depth case studies over a long period of time, it offers new insights into the processes whereby law is internalized and how they interact with litigation over time, and also highlights the active, contested and changing role of HR professionals and trade unionists in the shaping of organizational responses.
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Galvão, Andréia, Bárbara Castro, José Dari Krein, and Marilane Oliveira Teixeira. "REFORMA TRABALHISTA: precarização do trabalho e os desafios para o sindicalismo." Caderno CRH 32, no. 86 (November 4, 2019): 253. http://dx.doi.org/10.9771/ccrh.v32i86.30691.
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<p><span>O artigo se propõe a identificar os impactos iniciais da reforma trabalhista sobre o sindicalismo em um contexto desfavorável aos trabalhadores e à ação coletiva, dado o crescimento da precariedade e da informalidade no mercado de trabalho. A análise trata da reconfiguração das classes trabalhadoras e da fragmentação sindical, bem como dos impactos da reforma sobre as estratégias e ações sindicais e sobre as negociações coletivas. A metodologia combinou pesquisas quantitativas sobre mercado de trabalho com análise documental (instrumentos normativos, matérias de imprensa comercial e sindical) e observação participante. Os resultados mostram que os sindicatos buscam se adaptar ao novo contexto, com pequenas inovações substantivas na ação e organização, e que as negociações têm sido tanto espaço de resistência quanto de legitimação do conteúdo da reforma.</span></p><p> </p><div><p class="trans-title"><strong>LABOR REFORM: precarious work and the challenges for unions</strong></p><p>The paper proposes to identify the initial impacts of the labor reform on trade unionism, in a context that is unfavorable to workers and to collective action, resulting from the transformations in the reconfiguration of the working classes, with the growth of precariousness and crisis of the labor market. The analysis focuses on the impacts of this reconfiguration of the working classes and the fragmentation of trade unions, as well as the impacts of the labor reform on union strategies and actions and on collective negotiation. The methodology combined quantitative labor market research with documents (collectives work contracts, commercial and trade union press materials) and participant observation. The results show that the trade unions are searching to adapt to the new context with some substantive innovations in action and organization. The latest negotiations have been, at the same time, spaces of resistance and legitimization of the content of the reform.</p><p><strong>Key words: </strong>Trade unionism; Labor reform; Precariousness; And collective bargaining</p><p> </p></div><div><p class="trans-title"><strong>RÉFORME DU TRAVAIL: le travail précaire et les défis du syndicalisme</strong></p><p>L’article propose d’identifier les impacts initiaux de la réforme du travail sur le syndicalisme, dans un contexte défavorable aux travailleurs et à l’action collective, en raison du développement de la précarité et de l’informalité dans le marché du travail. L’analyse porte sur la reconfiguration de la classe ouvrière et de la fragmentation syndicale, aussi bien que sur les impacts de la réforme sur les stratégies et actions des syndicats et sur la négociation collective. La méthodologie combine une étude quantitative du marché du travail avec des documents (contrats de travail collectives, matériel de presse commerciale et syndicale) et de l’observation participante. Les résultats montrent que les syndicats essayent de s’adapter au nouveau contexte, avec de petites innovations substantielles dans l’action et l’organisation, et que les négociations sont autant des espaces de résistance comme de légitimation du contenu de la réforme.</p><p><strong>Key words: </strong>Syndicalisme; Réforme du travail; Précarité; Négociation collective</p></div>
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Jones, Ken. "Remaking Education in Western Europe." European Educational Research Journal 4, no. 3 (September 2005): 228–42. http://dx.doi.org/10.2304/eerj.2005.4.3.7.
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This article makes a contribution to discussion on the neo-liberal reshaping of education in Western Europe. It argues for a greater attentiveness on the part of education researchers to collective social actors such as trade unions and social movements. Making use of concepts from Gramsci and from Poulantzas, it suggests that such actors had a formative role in the making of post-war education systems, and that reducing their influence is now an important objective of governments across the European Union. Focusing on educational conflict in England, France and Italy, it explores the extent to which traditions associated with post-war reform continue to possess political vitality.
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Planas, Jordi. "STATE INTERVENTION IN WINE MARKETS IN THE EARLY 20THCENTURY: WHY WAS IT SO DIFFERENT IN FRANCE AND SPAIN?" Revista de Historia Económica / Journal of Iberian and Latin American Economic History 35, no. 2 (November 15, 2016): 175–206. http://dx.doi.org/10.1017/s0212610916000148.
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ABSTRACTIn the early 20thcentury, governments not only used trade policy to protect domestic agricultural markets, but they also introduced regulations affecting quality, quantity and prices. In this article I assess the differences in the state intervention in wine markets in two major wine-producing countries, France and Spain, and try to explain the reasons for them. To do so, I examine the specific features of their markets and productive systems, the winegrowers’ collective action, and the political framework in each country. I argue that the differences are related to (a) the strength and cohesion of the winegrowers’ lobby, (b) the winegrowers’ relationship with political parties and (c) the state’s ability to respond to their demands.
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Jobert, Annette. "The territorial social dialogue: challenges and prospects for the trade unions." Transfer: European Review of Labour and Research 11, no. 4 (November 2005): 589–604. http://dx.doi.org/10.1177/102425890501100408.
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Forms of territorial social dialogue are developing at the regional or local level in most European countries. This article looks at the challenges facing the trade unions, particularly in France, as a result of this development. The first part examines the reasons for it - decentralisation of the state, changes in local government as well as in production systems - and the reasons why the trade unions are becoming increasingly involved. A second section focuses on a number of different instances of territorial social dialogue that reveal the diversity both of aims and of subjects treated, the wide-ranging public and private players involved and the highly diverse outcomes. The third part asks how these forms of social dialogue affect the unions. Do they represent a means whereby trade unions can extend their influence and strengthen their traditional areas of activity or do they contribute to weakening collective bargaining insofar as they offer less formalised methods of negotiating social outcomes that may detract from the role of the social partners to the benefit of government actors? The view put forward in this article is that the trade unions may well, under certain conditions, stand to gain from involvement in the territorial social dialogue.
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Counil, Émilie, and Emmanuel Henry. "When Scientific Knowledge and Ignorance Make It Difficult to Improve Occupational Health: A French and European Perspective." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 31, no. 2 (May 26, 2021): 141–51. http://dx.doi.org/10.1177/10482911211019135.
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This article analyzes the consequences of the increasing reference to scientific expertise in the decision and implementation process of occupational health policy. Based on examples (exposure limits and attributable fractions) taken from an interdisciplinary seminar conducted in 2014 to 2015 in France, it shows how the measurement or regulation of a problem through biomedicine-based tools produces blind spots. It also uses a case study to show the contradictions between scientific and academic aims and public health intervention. Other indirect implications are also examined, such as the limitation of trade unions’ scope for action. Finally, the article suggests launching a broad political debate accessible to nonspecialists about collective occupational health issues—a dialogue made difficult by the rise of the afore-mentioned techno-scientific perspective.
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Gross-Camp, Nicole D., Adrian Martin, Shawn McGuire, Bereket Kebede, and Joseph Munyarukaza. "Payments for ecosystem services in an African protected area: exploring issues of legitimacy, fairness, equity and effectiveness." Oryx 46, no. 1 (January 2012): 24–33. http://dx.doi.org/10.1017/s0030605311001372.
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AbstractWe explore the potential for payments for ecosystem services (PES) to reconcile conservation and development goals, using a case study of an experimental PES intervention around the Nyungwe National Park in Rwanda. The scheme involves the purchase of biodiversity conservation services from local communities in four selected locations. Although a portion of the payment is awarded at the household level, it is the collective action of the community that determines the level of the payment. Contracts are negotiated annually and include performance indicators within each participating community. We examine the ability of PES to achieve conservation and development objectives, through three sub-questions: Is the PES scheme effective? Is it legitimate and fair? Is it equitable? Our findings indicate that the relationship between these evaluation criteria is complex, with both trade-offs and synergies. In this case study the effectiveness of PES is dependent on the equitable distribution of the payment, participants’ belief and acceptance of the service being paid for, institutional histories that aid in the establishment of legitimacy and fairness, and the complementary nature of PES to more conventional enforcement methods.