Comparative Labor Law


Comparative Labor Law

9781783475810 Edward Elgar Publishing
Edited by Matthew W. Finkin, University of Illinois at Urbana-Champaign, US and Guy Mundlak, Tel Aviv University, Israel
Publication Date: 2017 ISBN: 978 1 78347 581 0 Extent: 512 pp
Economic pressure and corporate policies, both transnational and domestic, have placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries, drawing on a rich variety of comparative methods to capture changes in different countries and regions, emerging trends and national divergences.

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Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.

The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like “soft law” and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.

The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.
Critical Acclaim
‘This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers’ representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.’
– Sir Bob Hepple, QC, FBA, University of Cambridge, UK

‘A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.’
– Kazuo Seguno, President, Japan Institute for Labour Policy and Training
Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. Topo


Introduction to the Comparative Labor Law Handbook
Guy Mundlak and Matthew Finkin

1. The Rich Panoply of Sources of Labor Law: National, Regional and International
Marilyn J. Pittard and Stuart Butterworth

2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures?
Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa

3. The Challenge to Comparative Labor Law in a Globalized Era
Kerry Rittich and Guy Mundlak

4. The Subjects of Labor Law: “Employees” and Other Workers
Guy Davidov, Mark Freedland and Nicola Kountouris

5. Who is an Employer?
Luisa Corazza and Orsola Razzolini

6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight
Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno

7. Legal Protection for Employee Mobility
Alan Hyde and Emanuele Menegatti

8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union
Kevin Banks, Roberta Nunin and Adriana Topo

9. Job Loss
Joanna Howe, Esther Sanchez and Andrew Stewart

10. Freedom of Association
Alan Bogg and K.D. Ewing

11. Employee Voice Outside Collective Bargaining
Monika Schlachter and Achim Seifert

12. European Union Labour Law and the European Social Model: A Critical Appraisal
Frank Hendrickx and Stefano Giubboni

13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe
Erika Kovács, Nikita Lyutov and Leszek Mitrus

14. Building BRICS of Success?
Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran


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