基本説明
This is a co-publication with the International Institute of Labour Studies. Terms, notions, definitions, laws and practice in the various regions of the world are herein reported.
Full Description
The issue of who is or is not in an employment relationship has become problematic in recent decades as a result of major changes in work organization as well as in the adequacy of legal regulation in adapting to such changes. In different parts of the world there is increasing difficulty in establishing whether or not an employment relationship exists in situations where the respective rights and obligations of the parties concerned are not clear, where there has been an attempt to disguise the employment relationship, or where inadequacies or gaps exist in the legal framework or in its interpretation or application. Vulnerable workers appear to suffer most in these situations. At the same time, social partners and labour administrators have emphasized that globalization has increased the need for protection against circumvention of national labour legislation by contractual and/or other legal arrangements. The employment relationship is under ever-closer scrutiny, not only by labour lawyers, but also by workers, employers and the judiciary. Changes in the world of work have modified traditional notions of the employment relationship.
These changes in the 'standard employment relationship' shape the scope of protection and application of labour legislation and automatically affect the way labour law is implemented. This book presents the ways the scope of labour legislation applies to the realm of the employment relationship. Terms, notions, definitions, laws and practice in the various regions of the world are herein reported.
Contents
1 The Employment Relationship: A General Introduction Giuseppe Casale 2 The Employment Relationship: A Comparative Analysis of National Judicial Approaches Nicola Countouris 3 Subordination, Parasubordination and Self-Employment: A Comparative Overview in Selected Countries in Latin America and the Caribbean Eduardo J Ameglio and Humberto Villasmil 4 Subordination, Parasubordination and Self-Employment: A Comparative Study of Selected African Countries Paul Benjamin (assisted by Urmilla Bhoola) 5 Subordinate, Autonomous and Economically Dependent Work: A Comparative Analysis of Selected European Countries Adalberto Perulli 6 Legal Regulation of the Employment Relationship in the Asia-Pacific Region Giuseppe Casale, Nicola Countouris, Colin Fenwick, Soo Tian Lee and Joanna Mascarenhas 7 Protecting Workers in a Changing Workworld: The Growth of Precarious Employment in Canada, the United States and Mexico Jeffrey Sack, Emma Phillips and Hugo Leal-Neri
