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Article
Publication date: 2 December 2020

Meshal Nayef Alharbi

Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which…

Abstract

Purpose

Saudi Arabia recently amended the Labour Law provisions governing the unfair dismissal of employees in the private sector. The previous version of the legislation, which had been in force for many years, had entitled employees to demand reinstatement or make a claim for fair financial compensation equal to the damages sustained. The recent amendments eliminated the right of a dismissed employee to seek reinstatement and also revised the rules relating to monetary compensation. The purpose of this paper is to critically analyse and evaluate the new approach, which has been criticized heavily. In addition, it suggests feasible alternative ways to handle unfair employee dismissal, which can be incorporated into the current Saudi Labour Law.

Design/methodology/approach

This paper presents an analysis of the existing approach to dealing with unfair employee termination in the Saudi Labour Law. It is based mainly on information collected from various legal materials, such as books, review of judgments issued by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relevant Islamic rules.

Findings

The results of this examination clearly show that there are several flaws in the current approach to dealing with the issue of unfair dismissal of employees. To correct this situation, workable approaches have been suggested for possible consideration and incorporation into the Saudi Labour Law.

Originality/value

To the author’s knowledge, this is the first academic study to analyse the current approach to handling unfair employee dismissal in the Saudi Labour Law.

Details

International Journal of Law and Management, vol. 63 no. 4
Type: Research Article
ISSN: 1754-243X

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Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 2006

Manfred Weiss

The purpose of this paper is to reflect on the effectiveness of labour law based on the experience of Germany.

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Abstract

Purpose

The purpose of this paper is to reflect on the effectiveness of labour law based on the experience of Germany.

Design/methodology/approach

The article provides an analysis of the factual impact of labour law in Germany.

Findings

Different subsystems – as are labour administration, labour court system, works council system, collective bargaining system and individual labour law protection – show deficiencies of factual implementation which are inherent to the structure of these subsystems and not easily to be changed. The most problematic area are small and medium‐sized enterprises where to a great extent works councils as internal monitors do not exist.

Originality/value

The paper offers some randomly selected examples to illustrate the problems at stake.

Details

Managerial Law, vol. 48 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 December 2003

Michal Seweryñski

Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for…

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578

Abstract

Investigates the Polish Labour Code and how it has been updated to modern standards similar to those int he rest of Europe. States the Polish Labour code doctrine is for maintaining the multiplicity of employment contracts, defined by the Labour Code in corresponding to various needs and interests of both employers and employees. Sets out four main conclusions in depth, which cover labour relations contracts in full and how they are perceived to affect the workers and bosses.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 5 June 2017

Siqi Luo

The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in…

Abstract

Purpose

The purpose of this paper is to explore how different actors interacted to influence local labour legislation in the case of the collective bargaining regulations in Guangdong Province, China, using long-term observation and in-depth interviews.

Design/methodology/approach

This paper uses the case study method to investigate the process of local labour law-making in China. First, the primary data focus on a series of in-depth interviews conducted in 2014. In Guangdong Province, the author collected the thoughts of three well-informed provincial and municipal-level trade union officials, one government official, five scholars and lawyers, four enterprise union chairs and three labour activists. Second, these interviews are triangulated with legislative documents and the author’s observation of three public meetings. Held at various times from 2011 to 2014, these meetings were organized to discuss different legislative drafts on collective bargaining.

Findings

The six-year process of adopting collective bargaining legislation in Guangdong presents a complex picture as different actors joined the process at different times and engaged in different ways. Labour strikes were a crucial force in drawing the attention of both the local and central governments and functioned as a means to repeatedly make collective labour relations a policy “issue” for the government, particularly in 2010. Another actor – the local official trade unions – played a decisive role by not only putting the “issue” into the decision-making agenda, but by also providing policy alternatives based on workers’ bargaining practices. At the same time, business associations, using slow economic growth as an excuse, exerted their economic leverage to pressure for suspension of the first two rounds of legislation. Nevertheless, the new political leadership assuming office in 2013, using an adoptive but restrained logic, pushed for the enactment of the compromise regulation.

Research limitations/implications

Guangdong Province and its emerging collective labour regimes are not representatives of China, but they are at the frontier of the labour field. Thus, this case study was an example of the “most dynamic” interaction with the “most participative” actors and perhaps the “most pro-labour” of China’s official trade unions.

Originality/value

This paper is original and draws special attention to the dynamic process of the local law-making and the rationales of different actors in China.

Details

Employee Relations, vol. 39 no. 4
Type: Research Article
ISSN: 0142-5455

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Article
Publication date: 1 August 2019

Dong Yan

The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic…

Abstract

Purpose

The purpose of this paper is to examine the post-enactment status of China’s Labour Contract Law and Labour Dispute Mediation and Arbitration Law, focusing on the dramatic rise in remuneration litigation amidst much criticism of weak or ineffective implementation of these laws.

Design/methodology/approach

This paper deploys both quantitative and qualitative analysis methods to investigate the features of remuneration litigation. Remuneration judgments by Beijing People’s Courts from 1 January 2014 to 31 December 2017 provide the primary empirical data. The intrinsic features of remuneration disputes are investigated to delineate subcategories of claims. Several judges were also interviewed to further explore the nature of remuneration disputes.

Findings

Four types of remuneration claims were identified: regular wage, minimum wage, overtime and others (including subsidies and welfare). Examination of these four types, especially how they are processed until concluded by court adjudication, provides a fuller picture of the post-enactment status of these laws and yields objective and rational findings. To explain the continuing steady rise in the volume of remuneration claims, as more workers have knowledge of their rights and access to the courts, this study identifies an increase in the number of factually complicated cases (e.g. overtime claims) and abmiguity in the relevant law, leaving some remuneration disputes difficult, if not impossible, to adjudicate. Conversely, the study also finds significant positive trends following these laws’ enactment, particularly a reduction in straightforward cases, such as disputes concerning non-payment of wages/minimum wages, on which the law is clear. It is evidently imperative to improve the clarity of the current laws through further legislation, as the most appropriate next step in China’s juridification process of developing its own rule of Labour Law.

Research limitations/implications

This study is purposely limited to examining remuneration litigation in Beijing’s courts from 2014 to 2017, which is representative of the national trend of dramatically rising remuneration disputes, and thus provides valuable insights. Future studies should cover a wider geographic territory and other categories of labour disputes to provide an even more comprehensive picture of the challenges and potential solutions.

Practical implications

By understanding the driving factors of rising labour remuneration disputes, the legislature, workers and employers can act accordingly to curb labour conflicts. The growing complexity and technicality of remuneration litigation indicates that the pressing need of labour juridification is to deploy a subtle, comprehensive method to improve legal clarity and judicial professionalism.

Originality/value

This study uniquely divides the types of remuneration litigation in Beijing, adopting methods and yielding findings absent from the prior literature. Both the progress and challenges in China’s rule of Labour Law process are reflected in this work, together with public policy and theoretical implications for further study.

Details

Employee Relations: The International Journal, vol. 41 no. 6
Type: Research Article
ISSN: 0142-5455

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Book part
Publication date: 30 September 2020

Katherine Eva Maich

Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there…

Abstract

Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there. Domestic workers, a population of largely immigrant women of color, have performed labor inside of New York City's homes for centuries and yet have consistently been denied coverage under labor law protections at both the state and federal level. This article traces out the exclusions of domestic workers historically and then turn to a particular piece of legislation – the 2010 New York Domestic Worker Bill of Rights – which was the first law of its kind to regulate the household as a site of labor, therefore disrupting that long-standing pattern. However, the law falls short in granting basic worker protections to this particular group. Drawing from 52 in-depth interviews and analysis of legislative documents, The author argues that the problematics of the law can be understood by recognizing its embeddedness, or rather the broader political, legal, historical, and social ecology within which the law is embedded, which inhibited in a number of important ways the law's ability to work. This article shows how this plays out through the law obscuring the specificity of where this labor is performed – the home – as well as the demographic makeup of the immigrant women of color – the whom – performing it. Using the case study of domestic workers' recent inclusion into labor law coverage, this article urges a closer scrutiny of and attention to the changing nature of inequality, race, and gender present in employment relationships within the private household as well as found more generally throughout the low-wage sector.

Details

Rethinking Class and Social Difference
Type: Book
ISBN: 978-1-83982-020-5

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Book part
Publication date: 1 September 2008

Gabriela Wasileski and Gerald Turkel

In the aftermath of the Communist Era, Czechs and Slovaks sought to enter the European Union (EU) in order to participate in Western European markets and polities. To gain…

Abstract

In the aftermath of the Communist Era, Czechs and Slovaks sought to enter the European Union (EU) in order to participate in Western European markets and polities. To gain entry, they had to reform their labor laws based on EU protocols. This study analyzes changes in labor law in the Czech Republic by focusing on differences between statutes and regulations in the Communist and Post-Communist Eras. The study is framed by international approaches to law that locate sources of legal change in international organizations and protocols. In reforming Czech labor law, EU labor law standards were established through internal political processes that were themselves shaped by EU requirements rooted in pluralism and the rule of law.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84855-090-2

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Book part
Publication date: 22 November 2012

John Logan

This chapter examines the rise and fall of the Commission on the Future of Worker-Management Relations (Dunlop Commission) in the early 1990s. It uses the events…

Abstract

This chapter examines the rise and fall of the Commission on the Future of Worker-Management Relations (Dunlop Commission) in the early 1990s. It uses the events surrounding the Commission to provide an insight into the dynamics of the struggle over federal labor law reform. The inability of the Dunlop Commission to get labor and management representatives to agree on proposals for labor law reform demonstrated, yet again, that employer opposition is the greatest obstacle to the protection of organizing rights and modernization of labor law. For the nation's major management associations, labor law reform is a life and death issue, and nothing is more important to them than defeating revisions to the National Labor Relations Act (NLRA) intended to strengthen organizing rights. The failure of labor law reform in the 1990s also demonstrated that the labor movement would never win reform by means of an “inside the beltway” legislative campaign – designed to push reform through the US Senate – because the principal employer organizations would always exercise more influence in Congress. Instead, unions must engage with public opinion, and convince union and nonunion members about the importance of reform. Thus far, however, they lack an effective language with which to do this.

Details

Advances in Industrial and Labor Relations
Type: Book
ISBN: 978-1-78190-378-0

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Article
Publication date: 1 December 2003

Gilles Trudeau

Investigates what is happening in North America with regard to labour relations law. Examines, first, collective labour relations and labour law and, second, focuses on…

Abstract

Investigates what is happening in North America with regard to labour relations law. Examines, first, collective labour relations and labour law and, second, focuses on the legal regulation of the individual relationship, also known as employment law. Goes on to cover these two separate, but intertwined, entities in depth and as they are interpreted in both Canada and the USA. Concludes that labour law is changing and moving toward contractualization and proceduralization. Wonders whether labour law will be able to continue to play the role of protecting wage earners for which it was originally developed.

Details

Managerial Law, vol. 45 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

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