Employment and labour law: general Books

Book SynopsisRoutledge Lawcards are your complete, pocket-sized guides to key examinable areas of the undergraduate law curriculum and the CPE/GDL. Their concise text, user-friendly layout and compact format make them an ideal revision aid. Helping you to identify, understand and commit to memory the salient points of each area of the law, shouldn't you make Routledge Lawcards your essential revision companions? Fully updated and revised with all the most important recent legal developments, Routledge Lawcards are packed with features: Revision checklists help you to consolidate the key issues within each topic Colour coded highlighting really makes cases and legislation stand out Full tables of cases and legislation make for easy reference Boxed case notes pick out the cases that are most likely to come uTrade Review“This is an excellent series, which hits the target at a remarkable number of levels. The clarity of its reference points makes it ideal for students new to undergraduate study, while at the same time being the perfect ‘refresher’ book for students about to start on professional courses. More than that, the series is great as a ‘starter pack’ for non-specialist students covering elements of law as part of their wider studies, and invaluable for teaching international students studying the English common law from abroad.”FIONA E.C. KINGLAW LECTURER (for almost 30 years in Universities & Business Schools in the UK and Europe) “What a relief! A book I can understand quickly.. I’ll be using these this year”SECOND YEAR UNDERGRADUATE "an excellent starting point for any enthusiastic reviser. The books are concise and get right down to the nitty-gritty of each topic." Lex Magazine Table of ContentsThe Contract of Employment. Equal Pay. Discrimination. Termination of Employment. Unfair Dismissal. Redundancy Payments. Collective Labour Relations. Putting it into Practice

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Book SynopsisThis book contains 11 country reports that outline the legal bases for the protection of economically-dependent workers in labour and social security law. In addition, a comparative analysis explores the characteristics of such workers and the regulatory models for their legal protection as well as pointing out protection gaps. Further contributions evaluate the impact of international law and European law on the legal protection of economically-dependent workers and highlight the need for future developments.

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Book SynopsisThis book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement.With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour

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Book SynopsisThis is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers). Recent case law includes: · Pitt v Holt (SC) – trustee decisions (2013) · Braganza (SC) – contractual discretions (2015) · Eclairs (SC) – directors powers: proper purposes (2015) · IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017) · British Airways (CA)– pension plan – proper purposes (2018) The book reviews the relevant doctrines of: · Interpretation rules · Proper purposes; · Due consideration of relevant factors · Full perversity (no reasonable decision maker) This title is included in Bloomsbury Professional's Pensions Law online service.Trade ReviewIf any textbook can be thoroughly recommended to Trust Quarterly Review (TQR) readers, this is it. It is a truly international survey of the – quite radical – developments introduced into the circumstances where the courts will intrude into decision-making by, among others, trustees. * Trust Quarterly Review *This book should be attractive to the entire range of legal professionals, including academics and practitioners, and not only those operating in the superannuation field. Pollard has accomplished the difficult feat of presenting the material in a way that is accessible to practitioners while ensuring that the content is comprehensive, thoroughly researched and argued in a way that should make it an indispensable resource for those involved in their own research and teaching in the area. … I have already had occasion to resort to my review copy in providing advice to clients and am certain I will be using it in future research projects. * Dr Nuncio D’Angelo, Australian Law Journal *Table of ContentsPart 1: Introduction 1. Introduction Part 2: Legal review of decisions: General 2. Legal review of decisions: Major Tests 3. Expanded outline of major tests 4. Exceptions and qualifications 5. Public Law analogy in private law discretions? 6. Construction – General 7. Interpretation of Pension Schemes Part 3: Types of decision and who is the decision maker 8. Nature of discretion 9. Who is the decision maker? Part 4: Proper Purposes – Applying Eclairs 10. Proper purposes: Introduction 11. Eclairs 12. The proper purpose test 13. Purpose test in Trust Law and Company Law 14. How is the proper purpose test applied? 15. Can proper purposes apply where there has been a failure to act? 16. How is the decision maker’s purpose worked out? 17. Causation/More than one motive or intention 18. More than one decision maker 19. Purpose verses motive? 20. Effect of improper exercise 21. Proper Purposes: Conclusion Part 5: Proper Purposes – Application to Pension Schemes 22. Proper Purposes and pension schemes: Introduction 23. Pension scheme and Trustee powers 24. Overall Purpose of a pension scheme 25. Pensions: Main purpose verses Sole purpose? 26. Pension trusts: Examples of the application of the proper purpose test 27. Pension schemes: Amendment powers/Change of Principal 28. Transfers-in 29. Transfers out: Fletcher Challenge and ITS v Hope 30. Investment 31. Early retirement reduction 32. Commutation factors 33. Pension increases 34. Winding-up a pension scheme? 35. Pension Regulator powers 36. Trustees exercising powers fairly 37. Pension Trustees and Proper Purposes: Overview 38. No literal ‘best interests’ duty for trustees Part 6: Braganza 1: Due consideration of relevant factors 39. Braganza – a landmark case 40. Braganza: the Decision 41. The Braganza rationality Test 42. Trustees and Braganza: Beyond a Good faith test 43. Trustees and public law analogies following Braganza 44. Does Braganza apply to all commercial discretions? 45. Intensity of review 46. Braganza first limb – process: relevant factors 47. Trustees and relevant factors: Pitt v Holt compared with Braganza 48. Three types of relevant factors: the public law approach 49. Limits on enquiries: properly informed, but not an ‘endless search’ 50. Weight given to factors Part 7: Braganza 2: No reasonable decision maker: Perversity 51. Braganza 52. Arbitrary, capricious etc 53. Timing for irrationality? 54. What if one reasonable decision maker would have made the same decision? 55. Braganza 2 test is a limit on a power? Part 8: Braganza rationality tests: interaction with the proper purpose test 56. Braganza and proper purposes tests 57. Braganza and MDTC/Contractual/Imperial duty Part 9: Further common issues on the proper purposes and Braganza tests 58. Multiple decision makers 59. Decision maker would have made the same decision anyway? 60. Decision maker giving reasons Part 10: Remedies for a Failure? 61. Remedies 62. Fiduciary Duties 63. Reversal or cancellation of the decision: void or voidable 64. Damages or equitable compensation for breach of trust/duty 65. Impact on third parties 66. Removal of the decision maker 67. Exclusion clauses 68. Overturning a decision – reference back to decision maker Part 11: Trustees and Directors: Fetters on Discretion 69. Discretions and fetters 70. Statements of a no fetter rule 71. Fetters: Some older cases 72. The Fetters rule gets more sensible: three modern cases: Thorby; Cabra Estates and Firkin-Flood 73. Fetters: Modern position 74. Pension schemes and fetters 75. Fetters: is public law any guide? 76. Fetters: Directors and Companies 77. Fetters and changes of trustees 78. Fetters: Outside parties 79. Fetters: Impact on Third parties 80. Fetters and a Power of amendment 81. Setting policies or guidelines?

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Book SynopsisBridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you’ll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law, Employment Law and Pensions Law online services.Table of ContentsPart 1 - Introduction Part 2 - Employment Law Overview Part 3 - Insolvency Law: Overview Part 4 - The start of Insolvency Proceedings Part 5 - IP Liability and Employees Part 6 - Accrued Claims to Insolvency Debt Part 7 - Continued Employment/Carrying on Business Part 8 - Business Transfers and TUPE Part 9 - Impact of Employer Insolvency on Pensions Part 10 - Pension Protection Fund (PPF) Part 11 - Section 75 and Debt on Employer Part 12 - Pensions Regulator and its Statutory Moral Hazard Powers Part 13 - Winding Up Pension Schemes Part 14 - Overseas Issues Part 15 - CVAs and Pensions

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Book SynopsisElizabeth Field, Bristows LLP, UK

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Book SynopsisCanadian labour history and working-class struggles are brought to life in this anthology of nine short comics, each one accompanied by an informative preface. Each comic showcases the inspiring efforts and determination of working people who banded together with others to fight to change the world.

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Book SynopsisIn the wake of the COVID-19 pandemic, the need to re-establish the labour movement's political capacity to exert collective power in ways that foster greater opportunity and equality for working-class people has taken on a greater sense of urgency. Understanding the strategic political possibilities and challenges facing the Canadian labour movement at this important moment in history is the central concern of this second edition of Rethinking the Politics of Labour in Canada.With new and revised essays by established and emerging scholars from a wide range of disciplines, this edited collection assesses the past, present and uncertain future of Canadian labour politics in the wake of the COVID-19 pandemic. Bringing together the traditional electoral-based aspects of labour politics with analyses of newer and rediscovered forms of working-class organization and social movement-influenced strategies, which have become increasingly important in the Canadian labour movement, this book seeks to take stock of these new forms of labour politics, understand their emergence and assess their potential impact on the future of labour in Canada.

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Book SynopsisWritten under the general editorship of two specialist employment law practitioners, with contributions from their respective Chambers and Law Firm, Employment Covenants and Confidential Information: Law, Practice and Technique, Fourth Edition provides a comprehensive yet highly practical analysis of the law and practice in this area of employment disputes, setting out appropriate strategies from both the employer’s and employee’s perspective. The book focuses on how to prevent competitive activity by an employee or former employee and what to do when it happens. Clear guidance is given on drafting to minimise the risk of competitive activity, what activities an employee or ex-employee may and may not undertake and the remedies available where competitive activity occurs. This expanded edition includes up-to-date coverage of: Case law relevant to the drafting and interpretation of employment covenants Current trends regarding enforcement of employment covenants and duties of confidentiality Developments in the law on fiduciary duties and the interrelationship with duties of fidelity Fresh perspectives on garden leave, springboard injunctions and team moves Remedies available against the (ex-)employee and third party competitors Disputes with a foreign law element: conflict of laws, exclusive jurisdiction clauses, choice of law and anti-suit injunctions Employment Covenants and Confidential Information, Fourth Edition is essential reading for all employment law practitioners, HR professionals and company directors responsible for drafting and enforcing employment contracts. Through the use of checklists, flowcharts, precedents and case studies it translates theory into practice. This title is included in Bloomsbury Professional's Employment Law online service.Table of ContentsChapter 1 Aim and synopsis of the book Chapter 2 The employment relationship Chapter 3 The implied duty of fidelity Chapter 4 Employee fiduciary duties Chapter 5 Express terms of the contract of employment Chapter 6 Confidential information Chapter 7 Database rights Chapter 8 Practical steps to protect the employer’s interests during employment Chapter 9 Termination of employment Chapter 10 Legitimate protection for the ex-employer Chapter 11 Reasonableness of express covenants Chapter 12 Drafting restrictive covenants Chapter 13 Introducing/varying restrictive covenants Chapter 14 Interim remedies: general Chapter 15 Specific interim remedies Chapter 16 Final remedies Chapter 17 International elements Chapter 18 Discovering competitive activity: the immediate practical issues Chapter 19 Team moves Index

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Book SynopsisIn the beginning Labour Law and Social Security Law were of little significance in the development of European Law. They only played a very minor role in the founding Treaties of the European Communities as their aim was primarily to harmonise economic, not social conditions. 50 years after the Rome Treaties the situation is completely different – there is more and more awareness that the only way to further develop European Law and the European Union as a whole is by not only getting rid of competitive constraints but also by making the citizens of Europe aware of its social dimension. Now is therefore a good time for an outline of European Labour Law. This textbook was written mainly with students in mind that are specialising in Labour Law but it also gives practising labour lawyers an overview of the most important regulations and judgments on this subject. References were deliberately kept to a minimum, instead numerous examples and a summary of the most significant judgments of the ECJ illustrate vividly the contentious issues.Table of Contents§ 1. Basics I. What is European Labour Law? II. Development of European Labour Law III. To recap: The terms used in European Law IV. To recap: Interpretation of European Law V. What can the EU regulate in the field of labour law? VI. Means of reviewing conformity with European Law VII. Role of the social partners § 2. Freedom of movement for workers I. Outline II. Scope of free movement for workers III. Right to participate in the labour market (Art. 45(3) TFEU) IV. Prohibition of discrimination (Art. 45(2) TFEU) V. Prohibition of restrictions VI. Recognition of training and other qualifications VII. Social law coordination and its effects on labour law (Art. 48 TFEU) § 3. Protection against discrimination I. Introduction II. Development III. The implementation of Directives 2000/78/EC, 2000/43/EC and 2002/73/EC IV. The different forms of unlawful discrimination V. The beginnings: sex discrimination VI. The Anti-Discrimination Directives 2000/43/EC and 2000/78/EC VII. Common problems in the directives VIII. Parallel development: US-American Law § 4. Precarious Employment I. Category II. Part-time employment III. Fixed-term work IV. Temporary agency work § 5. Transfer of undertakings I. Objectives and development II. Existence of a transfer of undertaking III. Legal consequences of a transfer of undertaking § 6. Protection against collective redundancies I. Collective redundancies as an issue of employment law II. Definitions employed by the ECJ § 7. Working Time I. General II. Scope of application III. Working time IV. Organization of working time V. Night and shift work VI. Derogations VII. Proposal for amendment VIII. Comparative Law § 8. Proof of employment terms I. Development of Directive 91/533/EEC II. Scope of Application (Art. 1 of the Employee Information Directive) III. Contents IV. Implementation into national law § 9. Posting of Workers I. Introduction II. Country-of-origin principle and place-of-work principle III. Posted Workers Directive (PWD) IV. Rules that apply to all forms of posting § 10. Employee Representation and Unions I. Collective Labour Law in the EU II. European law governing collective agreements and labour disputes? III. European Works Councils IV. Co-Determination in the Societas Europaea V. The instrument of the "negotiation solution" VI. Information and Consultation Directive 2002/14/EC VII. Excursus: Codetermination policies in the various European states § 11. International Labour Law I. Internationalisation of the labour market II. Applicable law in cross-border employment relationships III. Forum IV. Unions and collective agreements § 12. How to Find the Law I. European law II. Comparative law

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Book SynopsisTable of Contents1. Introduction to Employment Law 2. The Sources of Irish Employment Law and the Institutional Framework 3. The Employment Relationship 4. The Employment Contract 5. Equality Law and Employment Rights 6. Family Friendly Working and the Law 7. Migrant Workers and Employment Law 8. Health and Safety in the Workplace 9. Bullying and Harassment at Work 10. Termination of Employment 11. Collective Employment Law 12. Remedies

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Book SynopsisEmployment law is a rapidly expanding and increasingly important aspect of Irish legal practice. Significantly influenced and informed by developments at European Union level and by various Constitutional imperatives, it is composed not only of a complex body of legislation and case law, but also of determinations from specialist tribunals such as the Workplace Relations Commission and the Labour Court. This edition is fully updated with recent developments in case law and statutory developments including the Workplace Relations Act 2015, the Protection of Employees (Temporary Agency Work) Act 2012, the Protected Disclosures Act 2014, the Paternity Leave & Benefit Act 2016, the Equality Act (Miscellaneous Provisions) Act 2015, for example. This updated edition also includes a new chapter on protected disclosures i.e. whistle-blower protection and a new chapter on practice and procedure. In this book the authors draw together the various strands and sources of employment law as it applies in Ireland into a coherent framework. All aspects of employment law are considered, ranging from the legal concerns that apply before an employment contract is signed, to the various entitlements and obligations of employer and employee while the contract is ongoing, to the relevant legal framework governing the circumstances in which an employment relationship is terminated.Table of ContentsPART I — Introduction to Employment Law • Introduction PART II — The Nature of the Employment Relationship • Employment Status • The Contract of Employment • Atypical Work: Part-Time, Fixed-Term and Agency Workers • Employment Permits PART III — Employment Equality • Introduction to Employment Equality • The Discriminatory Grounds • Equal Pay • Harassment & Sexual Harassment • Victimisation PART IV— The Operation of the Employment Relationship • Organisation of Working Time • Wages • Information and Consultation in Relation to Business Development • Employee Privacy and Data Protection • Protected Disclosures • Protective Leave Entitlements • Transfer of Undertakings • Health and Safety • Legal Obligations for the Employer in Respect of Workplace Stress PART V — The Termination of the Employment Relationship • Procedural Fairness and Disciplinary Action • Injunctions • Notice • Termination of the Employment • Unfair Dismissals • Redundancy PART VI — Practice and Procedure • Practice and Procedure

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Book SynopsisDie Kontrolle von Allgemeinen Geschäftsbedingungen (AGB) ist bei der Gestaltung von Arbeitsverträgen von erheblicher Bedeutung. Auch nach Inkrafttreten des Schuldrechtsmodernisierungsgesetzes vom 1.1.2002 konnte die vorherrschende Rechtsunsicherheit zu AGB im Arbeitsrecht bislang nicht beseitigt werden. Diese Unsicherheit wird durch das seit dem 1.1.2015 geltende Mindestlohngesetz (MiLoG) noch weiter verstärkt. Das Buch untersucht vor diesem Hintergrund arbeitsvertragliche Formularklauseln nach AGB-Gesichtspunkten und stellt den aktuellen Stand der umfangreichen und sich ständig fortentwickelnden Rechtsprechung dar, um hieraus die Wirksamkeitsvoraussetzungen abzuleiten. Aufgrund der Wechselwirkung mit dem MiLoG wurden dabei auch entgeltrelevante Klauseln und Ausschlussfristen neu betrachtet.

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