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CONTENTS
Foreword = ⅴ
BETWEEN DON QUIXOTE AND SANCHO PANZA: A CONTRACT OF EMPLOYMENT RELATIONSHIP? / Manuel Alonso Olea = 1
LABOR LAW FOR THE POST-INDUSTRIAL WORKPLACE: BREAKING THE NEW DEAL MODEL IN THE USA / Janice R. Bellace = 11
  1. Introduction = 11
  2. Design Flaws in the Statutory Framework = 12
    2.1. Weakening of the Statutory Framework = 17
  3. The Obsolescent Statutory Model = 18
    3.1. The Social Hierarchy of the 1930s Labor Force = 19
    3.2. Changing Nature of the Labor Force = 20
    3.3. The Changing Social Hierarchy at Work = 21
    3.4. The Globalization of Markets = 22
  4. Future Directions = 23
    4.1. New Institutions = 24
  5. Conclusion = 26
FROM COLLECTIVE JUSTICE TO INDIVIDUAL JUSTICE: CHANGING EMPLOYMENT RELATIONSHIPS IN ISRAEL / Prof. Ruth Ben(Israel) = 27
  1. Introduction = 27
    A. Individual and Collective justice = 29
    B. The 1994 Labour Relations Structure = 30
    C. The 1995 Labour Relations Data = 32
    D. The Turning Points = 33
      ⅰ. The Constitutional Revolution = 33
      ⅱ. The Health Insurance Law = 33
  2. The Constitutional Revolution = 34
    A. The Pre-Constitutional Period = 34
    B. The Legislative History = 35
    C. Social Basic Rights = 36
    D. Labour-Related Explicit Constitutional Rights = 37
    E. Principles for Interpretation = 38
    F. Restriction of Basic Rights = 39
    G. The Override Exception = 42
    H. Validity of Existing Labour Legislation = 42
  3. Legal Implications of the Constitutional Revolution = 43
    A. Organizational Security Arrangements = 43
      ⅰ. Closed Shop and Union Shop = 44
      ⅱ. Agency Shop = 45
      ⅲ. The Principle of Exclusive Representation = 46
    B. The Restraint of Trade Dimension = 47
  4. The Health Insurance Law (HIL) = 51
  5. Conclusion = 54
A SOCIAL SECURITY TAX (SST): FINANCING SOClAL SECURITY FOR PRIVATE-SECTOR EMPLOYEES BY INCREASING VAT-A proposal for Belgium and for the European Union as part of Social Convergence in Europe (1996) / Prof. Roger Blanpain = 57
  Introductory Remarks = 57
  A. Starting Points = 58
  B. Objective of Social Policy = 59
  C. Replacement of the Employer's Social Security Contribution (50%) by a Social Security Tax (SST): A Levy on Value Added Tax = 60
  D. At European Level: Social Convergence = 61
  E. Consequences = 61
    1. Improvement of the Employment Situation = 62
    2. Financing of Social Security = 62
    3. Functioning of the European market = 62
    4. Discouragement of Undeclared Work in the Black Economy = 62
    5. Simplification of Social Security = 62
    6. Preservation of Purchasing Power and the RPI = 63
  Conclusions = 63
THE PRINCIPLES OF LABOUR LAW IN ARGENTINA: THE PRINCIPLE OF INDEMNITY / Juan Carlos Fernandez Madrid = 65
  Ⅰ. The Principles and Positive Law = 66
  Ⅱ. Article 14 bis of the National Constitution and the Laws that Regulate It = 67
  Ⅲ. The Weakening of Protection = 67
  Ⅳ. The Objective of Labour Laws = 68
  Ⅴ. The Laws of Market and Collective Disponibility = 68
  Ⅵ. Unemployment and New Technologies = 69
  Ⅶ. Technological Change and Employment = 69
  Ⅷ. The Law in Times of Crisis and the Principle of Labour Law: The Non-renouncement of Rights = 70
  Ⅸ, Development of the Protective Principle = 71
  Ⅹ. Tendencies and Legislative Projects = 71
  XI. Returning to the National Constitution and to the ILO Conventions = 72
  XII. Conclusion = 72
TRADE UNION REPRESENTATIVITY IN GERMAN LAW / Franz Gamillscheg = 75
  Ⅰ. The Problem = 75
  Ⅱ. Cases and Decisions = 78
  Ⅲ. Elements of the Capability of Taking Effective Action = 80
  Ⅳ. Criticisms and Suggestions = 83
CHANGES IN THE NATURE OF EMPLOYMENT IN THE KOREAN LABOR MARKET AND RESULTING LEGAL ISSUES / Chi-Sun Kim = 89
  Ⅰ. Legal Issues Raised by the Diversification of Employment Forms = 89
    1. The Emergence of New Employment Forms and Ensuing Problems = 89
    2. The Meaning of Irregular Worker Employment = 90
  Ⅱ. Temporary Employment = 91
    1. Protection of Temporary Workers by Individual Labor Laws = 92
    2. Protection of Temporary Workers by Collective Labor Relations Laws = 95
  Ⅲ. Part-time Employment = 95
    1. Applicability of Labor Laws to Part-time Workers = 96
    2. Protection of Part-time Workers by Individual Labor Laws = 97
    3. Protection of Part-time Workers by Collective Labor Laws = 100
  Ⅳ. Worker Dispatching = 100
    1. Pros and Cons on Enactment of the Worker Dispatching Bill = 101
    2. Worker Dispatching and Arguments on the Spread of Employer Responsibility = 103
    3. Major Arguments on the Conditions of Employment Prescribed in the Worker Dispatching Bill = 104
  Ⅴ. Conclusion = 105
  Bibliography = 106
THE CONCEPT OF POLITICAL STRIKES IN GERMANY AND IN INTERNATIONAL LABOUR LAW / Berndt von Maydell = 107
  Ⅰ. The Subject = 107
  Ⅱ. Political Strikes under the German Legal Order = 108
    1. Definition = 108
    2. The Different Levels of Examining Admissibility = 109
    3. The Unconstitutionality of the Political Coercion Strike = 109
    4. The So-called Political Demonstration Strike = 111
    5. Summary = 114
  Ⅲ. The Prohibition of Political Strikes in Germany in the Light of International Labour Law = 115
    1. Regarding International Labour Law = 115
    2. Convention No. 87 and the Right to Strike = 115
    3. Evaluation of Political Strikes by the ILO Supervisory Bodies = 117
    4. Is the Prohibition of Political Strikes in Germany Compatible with Convention No. 87? = 118
    5. Final Conclusions = 119
SETTLEMENT OF COLLECTIVE LABOUR DISPUTES IN THE CENTRAL AND EAST EUROPEAN COUNTRIES / Prof. L a ´ sz1 o ´ Nagy = 121
  Ⅰ. Background = 121
  Ⅱ. Definitions = 122
  Ⅲ. Settlement of Disputes = 123
  Ⅳ. Collective Disputes of a Legal Character = 124
  Ⅴ. Conclusion = 126
EL DERECHO LABORAL ANTE UNA ENCRUCIJADA / Am e ´ rico Pl a ´ Rodr i ´ guez = 127
  Ⅰ. Planteo = 127
  Ⅱ. Abandono de los Principios = 128
  Ⅲ. Mantenimiento de los Principios = 136
INTERNATIONALIZATION: A NEW INCENTIVE FOR LABOUR LAW AND SOCIAL SECURITY / Max G. Rood = 139
  1. Introduction = 139
  2. Symptoms of Crisis in our Field = 140
    2.1. Modern Economics as a Counterforce to Social Law = 140
    2.2. The Threat of Individualism = 141
    2.3. The New Typical Worker = 143
    2.4. The Position of the Third Actor - the Government = 144
  3. Effects of the Developments Mentioned = 145
  4. Thoughts about Future Labour Law = 148
  5. The Actors in a New Labour Law System = 151
    5.1. The European Community = 151
    5.2. The ILO = 153
EXPLAINING LABOUR LAW AND LABOUR RELATIONS TO FOREIGNERS: SOME REFLECTIONS ABOUT INTERNATIONAL COMPARISON / Johannes Schregle = 155
  1. Growing Importance of International Comparison = 155
  2. Insufficient Knowledge of Other Countries = 156
  3. Main Difficulties in Explaining Labour Law and Labour Relations to Foreigners = 157
  4. A Few Practical Suggestions = 159
  5. Adopting a Functional and Historical Approach = 161
  6. Concentrating on Main Characteristics = 163
  7. Conclusions = 164
LABOUR AND EMPLOYMENT AGENCIES: PUBLIC OR PRIVATE MANAGEMENT? / Jean-Michel Servais = 165
  Ⅰ. Public or Private Employment Agencies = 166
  Ⅱ. The Supervision of Employment Conditions = 170
  Ⅲ. Labour Disputes = 174
  Ⅳ. Social Security = 176
  Ⅴ. International Labour Relations = 178
  Ⅵ. Future Prospects = 179
THE GOVERNMENT'S ROLE IN INDUSTRIAL RELATIONS DURING THE PEPIOD OF TRANSFORMATION IN POLAND / Michal Sewerynski = 183
  Introduction = 183
  Ⅰ. The Role of the Legislative Branch = 184
    1. General Considerations = 184
    2. The Right of Trade Unions and Employers' Organizations to Associate and to Carry Out Their Activities = 185
    3. Collective Bargaining Agreements = 187
    4. Collective Labour Disputes = 188
    5. Workers' Representation in an Enterprise = 190
  Ⅱ. The Role of the Judicial Authorities = 192
    1. Introductory Comments = 192
    2. The Rights of Trade Unions and Employer Organizations to Associate and Carry Out Activities = 193
    3. The Implementation of Collective Bargaining Agreements = 194
    4. Resolution of Collective Labour Disputes = 194
    5. The Activity of Workers' Representatives in an Enterprise = 195
  Ⅲ. The Role of Administrative Agencies = 196
    1. General Comments = 196
    2. The Role of Governmental Administrative Organs in Industrial Relations in Poland = 196
    3. Concluding Observations = 197
INSIDERS AND OUTSIDERS IN THE LABOUR MARKET: EXPERIENCES OF A NORDIC WELFARE STATE IN LABOUR LAW PERSPECTIVE / Tore Sigeman = 201
  1. Introduction = 201
  2. The Institutional Setting = 202
  3. The Balance of Power = 206
  4. The Inflationary Tendencies of Centralized Wage Bargaining = 207
  5. Wage Differentials = 210
  6. Unemployment and Non-regular(or Atypical) Employment = 212
  7. Some Concluding Remarks = 215
ASPECTS DE L'EVOLUTION DU DROIT DU TRAVAIL EN FRANCE DANS LE CADRE DES MUTATIONS TECHNOLOGIQUES ET E ´ CONOMIQUES / Jean-Maurice Verdier = 217
  Ⅰ. Le paradoxe de la 'flexibilisation': un surcroit de r e ´ glementation et sa complexification = 219
  Ⅱ. Un retour au conventions: garantie et risque pour la salari e ´ = 225
    A. Le conventionnel collectif = 226
    B. Le contrat individuel de travail = 227
CANADIAN LABOUR LAW: MIRROR OF THE NEW REALITIES OF WORK? / Pierre Verge = 235
  Ⅰ. Labour Law: A Distinct Legal Reality? = 236
  Ⅱ. Transformation of the Traditional Employment Relationship = 239
  Ⅲ. The Adaptation of Current Labour Law to the Evolution of Salaried Work = 241
  Ⅳ. Future Perspectives = 246