A stimulating, authoritative account of international employment law written by a
leading figure who for many years has shaped global policy, striving to implement fairer
working conditions worldwide. We are expertly guided though the context and
development of labour law, making this book ideal for study or research.
ARTURO BRONSTEIN specializes in international and comparative
labour law. In recent years he provided advice on the revision of the Labour Law in
several countries of Central Europe, such as (then) Serbia-Montenegro, Bosnia-Herzegovina,
Romania, Ukraine, Slovakia and the territory of Kosovo. He also advised in 2001 the
government of Cambodia, on the adoption of rules on enterprise level collective bargaining
and collective disputes arbitration. He has authored many publications in the field of
labour law and labour relations.
Having served at the ILO for 21 years, culminating in an appointment to Senior Labour
Policy Advisor, Arturo Bronstein, has been influential in putting in place labour
standards internationally. He left the ILO in November 2005, and since retiring
has been lecturing on international and comparative labour law at the universities of
Buenos Aires (Argentina), York (Ontario, Canada) and Paris X-Nanterre (France). He is the
current Secretary General of the International Society for Labour and Social Security Law:
http://www.asociacion.org.ar/ISLLSS
Table of Contents
PART I: LABOUR LAW AT A CROSSROADS
Labour Law's Origins and Influences
Sources of Labour Law
The Labour Maw model From 1945 to 1975
The Standard Employment Relationship
Worldwide Changes and the Emergence of a New Work Paradigm
Stagflation and the Labour Flexibility Debate
International Competition
Technological Change and the Emergence of Post-Fordist Organizational Patterns
The End of the Cold War
Current Crises in Labour Law
PART II: WHO IS PROTECTED BY LABOUR LAW?
Labour Law and the Informal Economy
Towards a Legal Definition of the Informal Economy
Policy Issues
Atypical Work: From Rejection to Integration in Labour Law
Dependent–independent Workers and the Defocusing of the Employment Relationship
Disguised Employment Relationships
Decentralization of Production and its Impact on Labour and Employment Relations
Challenges That Decentralization of Production Poses for Labour Law
PART III: SECURITY OF EMPLOYMENT
Unfair Dismissal
An Increasing Number of Exceptions . . . That do not Reverse the Rule
Limitations on the Abuse of Fixed-term Employment Contracts
Remedies Against Unfair Dismissal
PART IV: GLOBAL TRADE AND LABOUR LAW
Is Substandard Labour a Legitimate Comparative Advantage?
Strategies to Address the Relationship Between International Trade and Labour Rights
International and Supranational Rules
Harmonization
The Social Clause: From WTO to ILO
The ILO Declaration on Fundamental Principles and Rights at Work, 1998
Labour-related Provisions in Multilateral and Bilateral Trade Agreements
Unilateral Social Clauses: The Generalized System of Preferences
Corporate Social Responsibility (CSR)
PART V: LEGAL SUBORDINATION AND THE FUNDAMENTAL RIGHTS OF THE PERSON
Gender Discrimination
Equal Pay
Exceptions to the Equal Pay Rule
Equal Treatment of Men and Women
Access to Certain Jobs
Pregnancy
Night Work, Underground Work and Other Jobs Prohibited for Women
Race Discrimination
Religious Belief
Other Kinds of Discrimination
Family Responsibilities
Sexual Harassment
Sexual Orientation
Age
Disability
State of Health and HIV/AIDS
Affirmative (or positive) Action
Protection of Privacy
Video and Telephone Surveillance
Freedom of Thought and Expression
PART VI: REGIONAL PERSPECTIVES
The European Union and the Emergence of Supranational Law
The Impact of Recent ECJ Rulings on Labour Relations in the European Union
Labour Law in Former Communist Countries
Latin America
Asia and the Pacific
South Africa
PART VII: FINAL REMARKS
320 pages, Paperback
