The book ‘Labour Law Differences between Germany and Spain’ offers a comprehensive analysis of the labour law regulations in both countries in comparison. It takes an in-depth look at the main differences in all relevant areas, such as employment contracts, protection against dismissal, working hours and collective agreements, and also addresses the specific characteristics and challenges arising from the different national legal systems. In Germany, the labour market is highly regulated, with a particular focus on comprehensive protection against dismissal and strict regulations on working hours. In contrast, Spanish labour law is more flexible, particularly with regard to fixed-term employment contracts and the implementation of dismissals. This flexibility offers employers more room for manoeuvre, but often comes at the expense of job security for employees. The book also examines the social security systems in Germany and Spain and analyses their influence on the structure of labour relations. It becomes clear that German legislation is strongly orientated towards the protection of employee rights, while the Spanish system tends to focus more on economic flexibility. This work is therefore an indispensable reference work for anyone who needs an in-depth and lasting understanding of the differences in labour law between Germany and Spain. It contributes significantly to a better understanding of the complexities of the international labour law landscape and how to respond effectively.

The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies,about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interplay of institutions within the European Union has been recognised as crucial, and this research, which was conducted at the European University Institute, homes in upon some specific examples. It deals with six Member States of the European Union: Denmark, France, Germany, Italy, Spain and the UK, analysing two select but significant areas of substantive law: transfer of undertakings and equality legislation. The analysis dwells on these key areas, although some other fields of social law were selected in order to prove the main theory underlying the whole research. While on the one hand offering a comparative assessment of developments in the six member states chosen for study, the research also highlights national peculiarities as well as the factors perceived to be driving national actors towards the preliminary ruling procedures This work will be of interest to all scholars of EU law and labour law.

No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book’s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This sixth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Israel: Hudge Stephen Adler

This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.

This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.

Annotation The EGPA Yearbook provides an overall view of current scientific discussion concerning networks, particularly the governing of networks in European public administration. More than 30 presentations by researchers and practitioners of public administration in different European countries guarantee that the wide range of topics related to network governance, information technology, and also to other special issues of administrative and managerial reforms related to the subject is fully covered. The Yearbook deals with two main topics centred on governing and developing networks. In the first part, issues are related to different interpretations of networks involved in social policy reforms, administration-citizen-relationships, reforming governance models, public-private relations, also including health care, local governance and professional policy networks. In the second part networks are discussed from the perspective of information technology. Among several presentations, the authors analyse challenges and applications of new technology in public administration, ICT-networks in social networks, and also reforms and improvements of new technology. The accent is on how IT is bringing new patterns into the public administration of different countries. The Yearbook demonstrates that a discussion of networks is a rather new and fresh way of thinking about the role of public sector authorities in society, reforms of hierarchical structures in public agencies and e-governance applications at all levels of government.

The economic crisis has revealed the dark side of deregulation in the labour market: rising unemployment, limited access to social security and, due to low wages, no savings to count upon in bad times. This book casts light on the empirical relationship between labour market deregulation through non-standard contracts and the three main dimensions of worker security: employment, income and social security. Focusing on individual work histories, it looks at how labour market dynamics interact with the social protection system in bringing about inequality and insecurity. In this context Italy is put forward as the epitome of flexibility through non-standard work and compared with three similar countries: Germany, Spain and Japan. Results show that when flexibility is carried out as a mere cost-reduction device and social security only relies on insurance principles, deregulation leads to insecurity. 'The political economy of work security and flexibility' is essential reading for academics, students, practitioners and policy makers interested in the outcomes of labour market developments in advanced economies over the past twenty years.