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Regulating Strikes in Essential Services: A Comparative 'Law in Action' Perspective


ISBN13: 9789041189974
Published: November 2018
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £123.00



Despatched in 14 to 16 days.

Regulating Strikes in Essential Services offers a comparative perspective on one of the most sensitive areas of industrial relations: strike in essential services. Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it could be of great value for public policy debate and the enhancement of national law in the field.

What’s in this book:

The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following:

  • mechanisms aiming at compensating employees for encroaching on their collective bargaining rights;
  • public accountability and responsible management of public finance;
  • role of international conventions;
  • effects of globalization and advances in technology;
  • privatization, outsourcing and the decline of unions and workers’ solidarity;
  • growing popular intolerance towards strikes in essential services;
  • effect of human rights-related court decisions;
  • convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services;
  • dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and
  • substantive and procedural restrictions on the right to organize, bargain collectively and strike.
The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained.

How this will help you:

With its in-depth discussion of the regulatory dilemma of protecting the fundamental right to strike for all employees while ensuring the uninterrupted flow of services, deemed as essential for the public, this book forms a refined and nuanced basis for further academic research. Its contextually relevant options for strategic choice and public policy debate makes this book an incomparable handbook for labour lawyers, legislators, policymakers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.

Subjects:
Employment Law
Contents:
Editors
Contributors
Preface
Acknowledgement
PART I
Theoretical Infrastructure
CHAPTER 1
Introduction: Theory, Conceptualization and Methodology
Moti (Mordehai) Mironi
PART II
International Law on Strikes in Essential Services
CHAPTER 2
Regulating Strikes in Essential Services from an International Law Perspective
Monika Schlachter
PART III
Country Report
CHAPTER 3
Australia
Richard B. Naughton & Marilyn J. Pittard
CHAPTER 4
Brazil
Roberto Fragale Filho
CHAPTER 5
Canada
Eric Tucker
CHAPTER 6
France
Sylvaine Laulom & Olivier Leclerc
CHAPTER 7
Germany
Monika Schlachter & Christina Hießl
CHAPTER 8
Japan
Ryuichi Yamakawa & Yumiko Kuwamura
CHAPTER 9
Israel
Moti (Mordehai) Mironi
CHAPTER 10
Italy
Adriana Topo
CHAPTER 11
Poland
Andrzej Marian Swiatkowski
CHAPTER 12
Russia
Nikita Lyutov
CHAPTER 13
South Africa
Darcy du Toit, Mario Jacobs & Roger Ronnie
CHAPTER 14
Sweden
Birgitta Nyström
CHAPTER 15
United Kingdom
Tonia Novitz
CHAPTER 16
United States
Joseph Slater
PART IV
Conclusion
CHAPTER 17
Comparative Analysis
Christina Hießl & Monika Schlachter
Index

Series: Studies in Employment and Social Policy Series

The Sources of Labour Law ISBN 9789403502847
Published December 2019
Kluwer Law International
£115.00
Sustainable Development, Global Trade and Social Rights ISBN 9789041192356
Published March 2018
Kluwer Law International
£98.00
The Right to Strike: A Comparative View
Edited by: Bernt Waas
ISBN 9789041150073
Published September 2014
Kluwer Law International
£192.00
Non-Public Actors in Social Security Administration: A Comparative Study ISBN 9789041149176
Published October 2013
Kluwer Law International
£140.00
Health and Safety at Work: European and Comparative Perspective ISBN 9789041146618
Published June 2013
Kluwer Law International
£159.00
The Protection of Working Relationships: A Comparative Study ISBN 9789041132895
Published March 2011
Kluwer Law International
£135.00
The European Social Dialogue Under Articles 138 and 139 of the EC Treaty ISBN 9789041127440
Published June 2008
Kluwer Law International
£182.00