Social Responsibility in Labour Relations

Social Responsibility in Labour Relations
Author: Frans Pennings
Publisher: Kluwer Law International B.V.
Total Pages: 578
Release: 2008-01-01
Genre: Law
ISBN: 9041127836

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Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.

Corporate Social Responsibility and Trade Unions

Corporate Social Responsibility and Trade Unions
Author: Lutz Preuss
Publisher: Routledge
Total Pages: 271
Release: 2014-10-03
Genre: Business & Economics
ISBN: 1135077843

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Growing interest in corporate social responsibility (CSR) has focused attention on the relationship between businesses and key stakeholders, such as NGOs and local communities. Curiously, however, commentators on CSR rarely discuss the role of trade unions, while commentators on employment relations seldom engage with CSR. This situation is all the more remarkable since unions are a critically important social actor and have traditionally played a prominent role in defending the interests of one key stakeholder in the company, the employee. Written by dedicated experts in their field, this book addresses a key gap in the literature on both CSR and employment relations, namely trade union policies towards CSR, as well as union engagement with particular CSR initiatives and the challenges they face in doing so. The research covers eleven European countries which, when taken together, constitute a representative sample of industrial relations structures across the continent. This book will be essential reading for scholars, students and practitioners of international business, employment relations, public policy and CSR. Its foreword is written by Philippe Pochet and Maria Jepsen, Directors of the European Trade Union Institute in Brussels.

Employment Relations in the 21st Century

Employment Relations in the 21st Century
Author: Valeria Pulignano
Publisher: Kluwer Law International B.V.
Total Pages: 295
Release: 2019-11-07
Genre: Law
ISBN: 9403518200

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It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

The Social Responsibility of the Firm

The Social Responsibility of the Firm
Author: Andre Sobczak
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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The permanent contract of employment is now under challenge in the context of the network economy. Hitherto, in an era of industrial manufacturing when companies were organized like hierarchies, the permanent contract of employment, was the prevalent method of regulating labour relations. In an effort to concentrating on their core business, companies now prefer other forms of mobilizing work, replacing the contract of employment with contracts in civil or commercial law, as in the cases of subcontracting and franchising. Even if the work performed may in fact remain exactly the same, the legal norms governing these relationships are completely different. While labour law has been created to compensate the economic imbalance between the worker and the employer by a set of norms either defined by public authorities or negotiated by the social partners, civil and commercial law consider that the two parties to a contract are on an equal footing. The two parties are thus able to determine the content of the contract, without any third party having to protect one of them through a precise legal framework, such as that of a labour code. Of course, the workers of subcontractors or franchisees are still formally protected by the national labour law, but these norms become completely ineffective in this new context, because the only person compelled to observe these norms is the subcontractor and not the multinational company that defines the economic strategy for the whole supply chain. In other words, by shifting its organizational structure from a hierarchy to a network, a company manages to maintain an economic control over the global supply chain without being, from a legal point of view, liable for its social and environmental impact. In this context, any tool that recognizes the company's social responsibility for the global supply chain, such as codes of conduct, social labels or social reporting, are therefore interesting instruments that can usefully complement labour law, which seems to be inadequate to regulate even fundamental social rights in global supply chains. The aim of this article is to analyze more in depth the legal nature of these different tools and their impact on labour law. Will corporate social responsibility (CSR) tools reinforce the crisis of labour law in the era of globalization or will they be part of a solution to this crisis? Do we have to consider codes of conduct, social labels and social reporting as competitors to labour law or as an opportunity for rethinking the way that labour law norms should be produced and applied? First of all, this article argues that CSR tools are not really voluntary. Everybody agrees that these instruments are often adopted to respond to or to prevent pressure from different stakeholder groups, including the increasing influence of socially responsible investment. At least from an economic point of view, CSR tools can therefore not seriously be considered as a form of voluntary regulation. But even from a legal point of view, CSR tools are not purely voluntary. For example, an analysis of law in the Member States of the European Union shows that there is an increasingly precise legal framework, which gives companies incentives to behave in a socially responsible fashion, for example by adopting codes of conduct, and to report on this in a transparent manner. These incentives are addressed either to investment funds, which subsequently exert financial pressure on companies, or directly to companies. What is even more important is that if a company decides to adopt a CSR strategy, its commitment has a legal character whenever it is sufficiently precise and public. As recognized in May 2002 by the Supreme Court of California, the non-respect by a supplier of a company's commitment in the field of social responsibility may be considered as a case of misleading advertisement. From this point of view, CSR tools cannot be considered as a danger for labour law, they are rather an opportunity for renewal. Nevertheless, a closer look shows that corporate social responsibility in general may modify the balance between different branches of law. Indeed, these instruments are the sign of an increasing incursion of commercial and consumer law in the field of labour relations. Firstly, none of the legislation giving incentives to corporate social responsibility is part of labour law; it is commercial law. Secondly, the concepts of boycotts and misleading advertisement, which play an important role in the implementation of CSR, are those of consumer law. This article argues that this shift from labour law to consumer law is not neutral and has more than a purely theoretical impact. It means that the existing law is more likely to protect consumers (in Europe or North-America) than workers (in developing countries). It also may lead to conflicts of interest between the company's different stakeholders, and especially between workers and consumers. Finally, it can result in the increasingly selective character of labour regulation, since consumer pressure only concerns some companies and some social rights, while neglecting others.

Labour Law and Sustainable Development

Labour Law and Sustainable Development
Author: Valentina Cagnin
Publisher: Kluwer Law International B.V.
Total Pages: 270
Release: 2020-06-05
Genre: Law
ISBN: 9403520817

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Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.

Corporate Responsibility and Labour Rights

Corporate Responsibility and Labour Rights
Author: Ruth Pearson
Publisher: Routledge
Total Pages: 248
Release: 2013-06-17
Genre: Business & Economics
ISBN: 1136568905

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The emergence of voluntary corporate codes of conduct since the early 1990s is both a manifestation of and a response to the process of globalization. They have been part of a more general shift away from state regulation of transnational corporations towards corporate self-regulation in the areas of labour and environmental standards and human rights. This work provides a critical perspective on the growth and significance of corporate codes with a particular focus on working conditions and labour rights. It brings together work by academics, practitioners and activists.

Research Handbook on Transnational Labour Law

Research Handbook on Transnational Labour Law
Author: Adelle Blackett
Publisher: Edward Elgar Publishing
Total Pages: 603
Release: 2015-09-25
Genre: Law
ISBN: 178254979X

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The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

The A to Z of Corporate Social Responsibility

The A to Z of Corporate Social Responsibility
Author: Wayne Visser
Publisher: John Wiley & Sons
Total Pages: 514
Release: 2010-05-20
Genre: Business & Economics
ISBN: 0470971398

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CSR has now moved beyond the stage of specialist or niche subject to become an integral part of global business and society. This timely edition is destined to become the definitive guide to CSR, Sustainability, Business Ethics and the organizations and standards in the field. The A to Z of Corporate Social Responsibility is a unique publication and is the culmination of over a hundred of the world’s leading thinkers, opinion formers, academic and business people providing an easy-to-use guide to CSR: from general concepts such as sustainability, stakeholder management, business ethics and human rights to more specific topics such as carbon trading, microfinance, biodiversity, the Base of the Pyramid model and globalisation. In addition to definitions of the most important terms across the wide range of CSR associated topics, this book also covers all the most important codes and guidelines, such as the Equator Principles, the UN Global Compact and ISO standards, as well as providing background on organizations such as the World Business Council for Sustainable Development and Transparency International and profiles of CSR in particular industries and regions. This paperback edition includes all the latest developments in CSR as well as incorporating new sections on boardroom pay, the sub-prime market and the financial crisis. Praise for the first edition: "A complete reference guide...offers an invaluable combination of lessons learned and best practice for the future...provides first–hand insights" (Forum CSR International, October 2008) "This is a timely and innovative contribution to the field of Corporate Social Responsibility" (Retail & Leisure International, February 2008) "...a handy reference to have on the shelf behind your desk..." (Ethical Performance, February 2008) “You will not find a wider display of today’s key global players and their action programs than here.” (CSR–News.net, May 2008) “The book contains a great deal of detailed research.” (Supply Management, May 2008)

Corporate Social Responsibility

Corporate Social Responsibility
Author: Guillaume Delautre
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

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In the last decades, the social responsibility of business has been a growing source of mobilization by public and private actors and debate among scholars. The objective of this analysis is twofold. First, it aims at complementing the literature on the economic and institutional determinants of companies' commitment on this issue. To this purpose, we place a special emphasis on the institutional factors related to labour relations. Second, this article also analyses the diversity of firms' policies through the lens of potential complementarity/substitutability between the different dimensions of CSR and the possible trade-offs between the various stakeholders. We argue that even if firms' behaviours depend on their economic characteristics, institutions (especially those related labour relations) play an important role in its shaping. Besides, our results support the idea that CSR should be seen as a complement to strong social regulations. Additionally, our findings suggest that freedom of association and corporate governance might have a crosscutting positive influence on other dimensions of CSR. Regarding the effect on the firm's economic performance, we provide evidence that CSR dimensions related to internal employees have a positive effect, but we find little evidence about different dimensions complementing or substituting each other in this sense.

Corporate Social Responsibility and Human Resource Management

Corporate Social Responsibility and Human Resource Management
Author: Mine Karataş-Özkan
Publisher: Edward Elgar Publishing
Total Pages: 343
Release: 2014-08-29
Genre: Business & Economics
ISBN: 1783476362

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Including both theoretical and empirical chapters, the contributors explore how global organisations and organisational networks can collaborate with stakeholders within their community to leverage their HRM strategies.