Comparative Labour Law and Industrial Relations PDF
Preview Comparative Labour Law and Industrial Relations
Comparative Labour Law and Industrial Relations Comparative Labour Law and Industrial Relations Editor: R. Blanpain Associate editor: F. Millard B. Aaron H. Barbagelata R. Birk G. Cella 0. Clarke E. Cordova F. Gamillscheg A. Goldman T. Hanami B. Hepple J. Oechslin A. Pankert T. Ramm J. Rojot G. Schnorr T. Treu N. Valticos J. Windmuller Springer-Science+Business Media, B.V. Cover design: Pieter J. van der Sman Library of Congress Cataloging in Publication Data Main entry under title: Comparative labour law and industrial relations. Includes index. I. Labor laws and legislation - Adresses, essays, lectures. 2. Industrial relations-Adresses, essays, lectures. I. Blanpain, R. (Roger), 1932- K1705.6.C65 344'.01 82-8931 ISBN 978-94-017-4363-1 ISBN 978-94-017-4361-7 (eBook) 342.41 AACR2 DOI 10.1007/978-94-017-4361-7 D 1982 2664 44 ISBN 978-94-017-4363-1 Copyright © 1982 Springer Science+Business Media Dordrecht 1982 Originally published by K1uwer, Denventer, Netherlands in 1982 Softcover reprint of the hardcover 1st edition 1982 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system. or transmitted in any form or by any means, mechanical, photocopying. recording, or otherwise, without the prior written permission of the copyright owner Table of Contents Notes on contributors 7 Editor's Preface 9 List of abbreviations 11 INTRODUCTION Chapter 1. Comparativism in Labour Law and Industrial Relations R. Blanpain 17 Chapter 2. Sources and Documentation F. Gamillscheg 35 INTERNATIONAL DEVELOPMENTS 47 Chapter 3. International Labour Law N. Valticos 49 Chapter 4. European Communities G. Schnorr 65 Chapter 5. Guidelines for Multinational Enter prises and Labour Relations R. Blanpain 81 Chapter 6. International Trade Union Movement J. Windmuller 98 Chapter 7. Industrial Relations in a Changing Economic Environment 0. Clarke 117 COMPARATIVE STUDIES 131 Chapter 8. Background Notes on Major Indus- trial Countries J. Rojot 133 Chapter 9. Freedom of Association A. Pankert 146 Chapter 10. National Trade Union Movements G. Cella and T. Treu 166 Chapter 11. Employers' Organisations J. Oechslin 190 Chapter 12. Information and Consultation R. Blanpain 208 Chapter 13. Collective Bargaining E. Cordova 220 Chapter 14 Workers' Participation in the Work- shop and the Enterprise T. Han ami 243 Chapter 15. Settlement of Disputes over Rights B. ·Aaron 260 Chapter 16. Settlement of Disputes over Interests A. Goldman 280 Chapter 17. Industrial Conflict: The Law of Strikes and Lockouts R. Birk 298 Chapter 18. Different Categories of Workers H. Barbagelata 320 Chapter 19. Equality and Prohibition of Discrimination in Employment R. Blanpain 333 Chapter 20. Security of Employment B. Hepple 355 Chapter 21. Model of a European Individual Employment Contract T. Ramm 378 Authors Index 401 Geographical Index 402 Subject Index 406 5 Notes on Contributors Benjamin Aaron is Professor of Law and Director of the Institute of Industrial Relations, University of California, Los Angeles Hector-Hugo Barbagelata was Professor of Labour Law in the Faculty of Law at Montevideo (1950-1973) Rolf Birk is Professor in the Faculty of Law of the University of Augsburg Roger Blanpain is Professor of Labour Law at the Catholic University of Leuven and Visiting Professor at the European Institute of Business Administration, Fontainebleau (INSEAD) Gian Primo Cella is Professor of the Theory of Trade Unions and Social Conflict at the University of Trieste R. Oliver Clarke is a Principal Administrator in the Social Affairs and Industrial Relations Division of the Organisation for Economic Co operation and Development (OECD) Efren Cordova, formerly Professor of Labour Law at the Universities of Havana and Puerto Rico, has been Chief of the Labour Law and Labour Relations Branch of the International Labour Organisation since 1975 Franz Gamillscheg is Professor of Labour Law and International Private Law at the University of Gottingen Alvin Goldman is Professor of Law at the University of Kentucky Bob Hepple is Professor of Law in the University of London, at University College, and a Chairman of Industrial Tribunals (England and Wales). Tadashi Hanami is Professor of Labour Law at Sophia University, Tokyo, where he is also Dean of the Law School Frances Millard is Lecturer in Politics, Portsmouth Polytechnic, England Jean-Jacques Oechslin is Chairman of the Executive Committee of the International Organisation of Employers Alfred Pankert is Head of the Labour-Management Relations Section of the International Labour Organisation Thilo Ramm is Professor of Civil Law and Labour Law at the Fern University at Hagen 7 Jacques Rojot is Associate Professor in Labour Law at the European Institute of Business Administration, Fontainebleau (INSEAD) Gerhard Schnorr has been Professor ordinarius at the University of Innsbruck since 1967. He is also Director of the Institute for Labour Law and Social Security at that university Titiano Treu is Professor ordinarius in Labour Law at the University of Pavia, as well as holding an appointment in the Department of Economics at the Catholic University of Milan Nicolas Valticos was formerly Assistant Director-General at the Inter national Labour Organisation. He is Associate Professor at the Faculty of Law of the University of Geneva John Windmuller has been on the faculty of the New York State School of Industrial and Labour Relations at Cornell University since 1951, specialising in international and comparative labour relations 8 Editor's Preface Comparativism is no longer a purely academic exercise but has in creasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organisations aspiring to harmonise rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclo paedia for Labour Law and Industrial Relations, in which more than 40 international and national monographs have thus far been published. This book on Comparative Labour Law and Industrial Relations goes a step further than the Encyclopaedia: some 15 of the 21 chapters pro vide comparative and integrated thematic treatment. They aim to describe the salient characteristics and trends in labour law and in dustrial relations in the contemporary world. Our work is, however, more than a set of papers written by individual authors. Twelve of the nineteen contributors, the associate editor, and the publisher were able to meet to discuss the chapters, carefully evaluating, reviewing and co-ordinating our collaborative efforts. The meeting was exceptionally informative and productive. It was sponsored by and took place at Insead (Fontainebleau) with the additional support of the Catholic University of Leuven and Kluwer Publishers. I thank them for their courtesy and assistance. The book is obviously not exhaustive so far as countries and topics are concerned. The chofce was dependent upon the availability of competent scholars able to contribute at short notice, as well as the manner in which they wished to approach a given subject. The authors are well aware that more attention could have been given to developing countries, to the public sector, and to such topics· as remuneration, working hours and other conditions of employment; and that there could be a different balance between labour law and industrial relations. But obviously the limits imposed by space and the need for early publication made it impossible to achieve all the objectives of a com prehensive and balanced book in this first edition. We hope nonetheless that this book will facilitate the task of teachers and students of comparative labour law and industrial relations and serve as a textbook and a work of reference. Each chapter contains a short select bibliography of works available in English. The book also aims however to give practitioners in both public and private sectors at national and international level the necessary insights to cope with a world which is increasingly international. The English language does not have a personal pronoun which is sexually neutral and we find the form s /he somewhat inelegant. Accordingly, where the authors have used the form he, this should be taken to refer also to the opposite gender, unless the context in dicates otherwise. 9 Finally, my warm personal thanks go to the staff of the Institute for Labour Relations in Leuven: Dr. 0. Vanachter, J. Dumortier, A. De Koster, and M. Vranken, and Mrs. Theuwissen, J. Van Rijmenant and G. Van Staeyen. R.B. Leuven, March 1982 10 List of Abbreviations AAFLI Asian-American Free Labor Institute (AFL-CIO) AALC African-American Labor Center (AFL-CIO) ACAA Australian Conciliation and Arbitration Act ACAC Australian Conciliation and Arbitration Commission ACAS Advisory, Conciliation and Arbitration Service (UK) ACSPA Australian Council of Salaried and Professional Associations ACTU Australian Council of Trade Unions AFL American Federation of Labor AFL-CIO American Federation of Labor-Congress of Industrial Organizations AFRO African Regional Organisation (ICFTU) AIFLD American Institute for Free Labor Development (AFL-CIO) ARO Asian Regional Organisation (ICFTU) ASAP Association of Petrochemical Plants (Italy) A SEAN Association of South East Asian Nations AUCCTU All Union Central Council of Trade Unions (USSR) AUEW Amalgamated Union of Engineering Workers (UK) BAT CO British American Tobacco Company BATU Brotherhood of Asian Trade Unionists (WCL) BDA Bundesvereinigung der Deutschen Arbeitgeber verbiinde BDI Bundesverband der Deutschen Industrie BIAC Business and Industry Advisory Committee (OECD) BIM British Institute of Mangement CAC Central Arbitration Committee (UK) ceo Confederacibn de Comisiones Obreras (Spain) CEEP Centre Europeen des Entreprises Publiques CFDT Confederation Francaise Democratique du Travail CFTC Confederation Francaise des Travailleurs Chretiens CGC Confederation Generale des Cadres (France) CGD Christlicher Gewerkschaftsbund Deutschlands CGIL Confederazione Generale Italiana del Lavoro CGT Confederation Generale du Travail (France) CIFE Counseil Industriel des Federations Europeennes CIO Congress of Industrial Organizations (USA) CISC Confederation Internationale des Syndicats Chretiens CISL Confederazione Italiana Sindacati dei Lavoratori CLAT Central Latino Americana de Trabajadores (WCL) CNPF Conseil National du Patronat Fran~ais CNV Christelijk Nationaal Vakverbond (The Netherlands) COCCEE Comite des Organisations Commerciales de la Com munaute Economique Europeenne COGECA Comite General de Cooperatives Agricoles (EC) Comintern Communist International COPA Comite des Organisations Professionnelles Agricoles (EC) 11
The list of books you might like
