Role of the State and Industrial Relations

Name: Role of the State and Industrial Relations
Brand: Kluwer Law International
Price: 127.99 EUR
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Adalberto Perulli(Editor)

Kluwer Law International (Publisher)

Published on 5. October 2019

312 pages

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978-94-035-0662-3 (ISBN)

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The Role of the State and Industrial Relations Edited by Adalberto Perulli & Tiziano Treu The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the ';creeping renationalization' that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state. Analyzing industrial relations systems from international, supranational, European and national points of viewand with an interdisciplinary approach connecting labour law, commercial law, corporate governance and international lawthis one-of-kind book examines such salient aspects of the subject as the following: cooperative versus conflictual industrial relations systems; phenomenon of constitutionalization of power by multinational enterprises; competitive, illiberal and protectionist patterns of state regulation; freedom of association and industrial relations; potential power of transnational collective bargaining; impact of worktime arrangements; role of European Works Councils; exemplary value of the German system of workers' participation; and global framework agreements. Using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa, India), the book reconstructs the general framework of global industrial relations, considering challenges and future prospects and proposing a new agenda for the state. Contributors include widely renowned professors of labour, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law. The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers' associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labour, industrial relations and social rights in European and international contexts.

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Content

Intro
Half-Title Page
Title Page
Copyright Page
Editors
Contributors
Summary of Contents
Table of Contents
Introduction: Book Presentation
Part I: The Industrial Relations System and the Role of the State in a Globalized World
CHAPTER 1 Still a Century of Industrial Relations?
1.1 Industrial Relations As a System: Evolutionary Profiles
1.2 The New Millennium: A Decline in Industrial Relations?
1.3 The Functional Transformations of Collective Bargaining
1.4 Trends Toward Decentralization of the Collective Bargaining Structure
1.5 Workers' Participation: A New Horizon for the Company's Social Organization
1.6 Platform Capitalism and Industrial Relations: A Rebirth?
CHAPTER 2 The Role of the State in Industrial Relations
2.1 The Contribution of the States and of Public Policies to the Formation of Modern Industrial Relations
2.2 The Changing Scenario of Industrial Relations and the (Different) Reactions of National States
2.3 Different Industrial Relations Trends: Union Density
2.4 The Coverage of Collective Agreements: Different Legislative Measures
2.5 The Impact of Decentralization on the Structure of Collective Bargaining
2.6 Factors and Trends of Decentralized Bargaining
2.7 State Policies and the Promotion of Participatory Practices
2.8 Unions' Revitalization Policies
2.9 Instruments of Social Regulation of International Trade
CHAPTER 3 Reflexive Labour Law and Industrial Relations from the Perspective of Modern Social System Theory
3.1 Introduction
3.2 Industrial Relations As a Social System
3.3 The State, Law and Industrial Relations
3.4 Reflexive Labour Law
3.5 Global Labour Law
3.6 Conclusions
CHAPTER 4 The Role of the State in the Globalization Process: An Economic Perspective
4.1 Globalization and the State: A Summary of Two Stylized Historical Facts
4.2 A Bit of History and of Economic Theory
4.3 The Current Situation and Some Economic Puzzles
4.4 The Cases of China and Many Other Countries that Globalized and Developed
4.5 Conclusions
CHAPTER 5 The EU and the Industrial Relations Systems: A Critical Assessment
5.1 Law in Books and Law in Action
5.2 The European Social Dialogue: The Institutional Framework
5.3 Autonomous Agreements
5.4 Inborn Weakness of the Autonomous Social Dialogue (And the Relentless Decline of the Institutional Social Dialogue)
5.5 New Economic and Financial Governance, and Common 'Neoliberal Trajectories'
Part II Patterns and Comparative Analysis: Cooperative Versus Conflictual Industrial Relations - Collective Bargaining - Participation
CHAPTER 6 Cooperative Versus Conflictual Industrial Relations: Japanese Experience
6.1 Introduction
6.2 Historical Developments of Japanese Industrial Relations and Labour Law
6.2.1 The Pre-war Period (The End of the Nineteenth Century-1945)
6.2.2 Establishment of Modern Industrial Relations in the Period of Reconstruction of the Economy (1945-1954)
6.2.2.1 Legislation Establishing Modern Industrial Relations
6.2.2.2 Confrontation Between Labour and Management
6.2.2.3 Government's Direct Intervention into Industrial Relations
6.2.3 Transformation of Industrial Relations (1955-1964)
6.2.3.1 The Beginning of Economic Growth and the Productivity Increase Movement
6.2.3.2 A Split in Militant Unions and an Emergence of Moderate Unions
6.2.3.3 The Peak of Militant Labour Movement
6.2.4 High Economic Growth and Establishment of Japanese-Model Employment Relations (1965-1973)
6.2.5 Adjustment of Japanese Industrial Relations in the Period of Low Economic Growth (1974-1985)
6.2.5.1 Impact of the Two Oil Crises
6.2.5.2 Beginning of the Decline of Public Sector Unions
6.2.5.3 Government Active Employment Policy in Low Economic Growth
6.2.6 Labour Law Reforms in the Era of Structural Changes and Globalized Economy (1985-Present)
6.2.6.1 Modernization of Traditional Labour Protective Laws
6.2.6.2 Responses to the New Values in Employment
6.2.6.2.1 Equal Employment Regulations
6.2.6.2.2 Regulations for Work-Life Balance
6.2.6.3 Responses to the Changing Structure of the Society
6.2.6.3.1 Aging Society
6.2.6.3.2 Changing Corporate Governance
6.2.6.3.3 Increased Individual Labour Disputes and Establishment of Labour Tribunal System
6.2.6.3.4 Increased Non-standard Employment
6.3 The State's Role in Labour and Employment Relations and Economic Development in Japan
6.4 Challenges the Japanese Decentralized Industrial Relations Face
CHAPTER 7 Cooperative Industrial Relations: The German Example and Its Impact
7.1 Introduction
7.2 The German System of Workers' Participation as an Example
7.2.1 The Works Council System
7.2.2 Workers' Representation in the Supervisory Boards
7.2.3 The Link to the Works Council System
7.2.4 Attempt of Evaluation
7.3 Transferability of the German System?
7.4 Negative Impact by the EU Law on the German System?
7.4.1 Possible Negative Impact by the SE Directive
7.4.2 CJEU on Company Law
7.4.3 Safeguarding Employee Representation in Case of Cross-Border Mobility
7.5 Conclusion
CHAPTER 8 Cooperative Versus Conflictual Industrial Relations: The Case of Spain
8.1 Two Channels of Representation
8.2 Some Remarks on Work Councils or Staff Delegates
8.3 Legislative Trends
8.4 Academic Discussions
8.5 Trends in Collective Bargaining
8.6 Some Outcomes
8.7 Involvement of Workers
8.8 Conclusive Remarks
Chapter 9 Industrial Relations after the Crisis: In Search of New Patterns for Comparative Analysis
9.1 Deterritorialization and Moving Beyond Conventional Models of Industrial Relations
9.2 The Push Towards Industrial Relations Centred on the Company
9.3 Are We in the Lead-Up to Non-intermediated Work Relations?
9.4 A New Idea of Participation?
9.5 Conclusive Considerations and Open Issues
Part III After the Century of Corporativism: A New Agenda for the State in Industrial Relations
CHAPTER 10 The Faces of the State
10.1 Introduction
10.2 A New State Authoritarianism
10.3 The Challenges Launched by a Radiant Private Power
CHAPTER 11 The Muted Voice of Labour in Labour Policy in the United States
11.1 Introduction
11.2 Unions and the Political Climate
11.3 The Conservative Tide Affecting Labour Relations
11.4 Employer Resistance to Unions
11.5 Other Obstacles to Union Organizing
11.5.1 Legal Hurdles
11.5.2 Legal Notions of Property Rights
11.5.3 The Legal Position of American Employees
11.6 The Impact of the Missing Worker Voice
CHAPTER 12 The State, Industrial Relations and Freedom of Association: A History of Functional Embeddedness
Introduction
12.1 The Supranational (Cross-Sectoral) Level: Freedom of Association, Social Partnership and the Legislative Support
12.2 The National (Sectoral) Level: Freedom of Association, Trade Union Pluralism and the Legislative Interference
12.3 The Transnational (Company) Level: Freedom of Association, Workers Involvement and Collective Agreements
12.4 Reasonable Adjustments to Freedom of Association: A Functionalist Conclusive Approach to Embeddedness
Part IV: Industrial Relations and the International/Supranational Dynamics
CHAPTER 13 Collective Bargaining at the Transnational Level
13.1 Introduction
13.2 Transnational Collective Bargaining
13.3 Trade Union Responses at Transnational, Sectoral and Company Level
13.4 IFAs and EFAs
13.5 Legal Framework
13.6 European Social Dialogue
13.7 The Future of Collective Bargaining at Transnational Level
13.8 Transnational Company Agreement
13.9 Social Dialogue and Governance
13.9.1 Multi-stakeholder Initiatives
13.9.2 International Framework Agreements
13.9.3 Accord for Fire and Building Safety in Bangladesh
13.10 Conclusion
Bibliography
Chapter 14 Transformation of Work and Collective Bargaining Current Trends: The Paradigmatic Example of the New Worktime Arrangements
14.1 Introduction: Crisis of Adaptation of Labour Law?
14.2 A Paradigmatic Example of Adaptation: From the Perspective of Generalized Working Time Reduction to the Work-Sharing Address
14.3 The 'Defensive' Approach: Working Time Reduction As an Employment Protection Measure
14.4 The 'Work-Life Balance' Approach
14.5 Limits of the Experimented Models
14.6 Some Emerging Innovative Trends: From the Collective Standards to the Promotion of Individual Choices on Worktime Issues - The New Solutions Offered by the 2018 IG Metall/Südwestmetall and 2017 GD Coesia Agreements
14.7 Conclusions
CHAPTER 15 Strategic Interventions in Labour Administration and Industrial Relations in Brazil, South Africa and India
15.1 Introduction
15.2 Brazil
15.2.1 Industrial Relations under the Vargas Era
15.2.2 Recent Trends in Labour Administration and Industrial Relations in Brazil
15.3 South Africa
15.3.1 Introduction
15.3.2 The New Labour Market Institutions
15.3.3 Issues Facing the Governance of Labour Market in South Africa
15.3.4 Assessing South Africa's Commission for Conciliation, Mediation and Arbitration
15.3.5 Labour Inspections
15.4 India
15.4.1 Introduction
15.4.2 Issues Facing the Labour Administration and Industrial Relations System in India
15.4.3 Labour Inspection
15.5 Conclusions
CHAPTER 16 Global Framework Agreements: The Experiences of Enel and Petrobras
16.1 Introduction
16.1.1 Transnational Social Dialogue, The ILO and GFAs
16.1.2 Definition and Scope of GFAs
16.1.3 Methodology
16.2 The Experiences of Enel and Petrobras
16.2.1 Enel and Petrobras Profiles
16.2.2 Overview of Enel GFA
16.2.3 Overview of Petrobras GFA
16.3 Enel GFA Versus Petrobras GFA
16.4 Conclusion: Key Findings

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Role of the State and Industrial Relations

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