The Employment Relationship: A Comparative Overview

ISBN-13: 9781841134208 / Angielski / Miękka / 2011 / 304 str.

Casale

Opis

The issue of who is or is not in an employment relationship has become problematic in recent decades, as a result of major changes in work organization, as well as in the adequacy of legal regulation in adapting to such changes. In different parts of the world, there is increasing difficulty in establishing whether or not an employment relationship exists in situations: where the respective rights and obligations of the parties concerned are not clear, where there has been an attempt to disguise the employment relationship, or where inadequacies or gaps exist in the legal framework or in its interpretation or application. Vulnerable workers appear to suffer most in these situations. At the same time, the social partners and labor administrators have emphasized that globalization has increased the need for protection, at least against circumvention of national labor legislation by contractual and/or other legal arrangements. The employment relationship is then more and more under scrutiny, not only of labor lawyers, but also of workers, employers, and the judiciary. Changes in the world of work have modified the traditional notions of the employment relationship. These changes in the -standard employment relationship- shape the scope of protection and application of labor legislation and automatically affect the way labor law is implemented. Written by Giuseppe Casale, a well-respected scholar in employment law, this book presents the way the scope of labor legislation applies to the realm of the employment relationship. Terms, notions, definitions, laws, and practice in the various regions of the world are reported.