Age Discrimination Law in Europe

Author: Nicky ten Bokum
Publisher: Kluwer Law International
ISBN: 9041131310
Format: PDF, ePub, Docs
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Although the effect of the EC Anti-Discrimination Framework Directive 2000/78 pervades age discrimination law in all Member States, the courts of each country can and do interpret its provisions - especially pertaining to sanctions - in various ways. In addition, claims of discrimination are handled according to national law, and an administrative law system with its own particular procedure is usually present. This very useful book provides a country-by-country overview of anti-discrimination legislation and related jurisprudence in the 27 EU Member States as well as Switzerland, Russia, and Turkey. The reports, written by experienced employment lawyers from each country, offer expert practical guidance and analysis regarding national laws affecting access to employment and vocational training, information and consultation, working conditions, recruitment, dismissal, retirement, and other relevant factors. The emphasis throughout is on the application of the crucial conceptual elements that derive from EC anti-discrimination law - direct adverse treatment, indirect discrimination, and the grounds on which a difference in treatment due to age is permissible. Each report explains in detail how anti-discrimination law operates at the national level, providing lucid guidance to the legal options available under any set of circumstances likely to arise, including the following: differential treatment, including special or minimum conditions; harassment and victimisation; fixed-term contracts; age-based graduation of compensation; employment relationships with an international dimension; affirmative action; special categories of workers; complaints to a competent person or body in the company; complaints to anti-discrimination offices; suits in labour courts; compensation limits; violator's economic position; non-pecuniary damage suffered by the aggrieved party; effects of collective bargaining agreements; and social plans resulting from planned operational changes. Many of the reports pay special attention to the far-reaching implications of such important recent ECJ cases as von Colson and Kamann, Mangold, Palacios de la Villa, and Bartsch. Enormously helpful to all concerned with employment law in one or more countries in Europe, this book will prove especially valuable to legal counsel and human resources professionals in numerous situations that arise in day-to-day business conduct. Law students will also find it extremely useful for its concise but detailed perspective on the varieties of anti-discrimination law across Europe. The Publication of this book has been made possible with the support of the law firms allied with Ernst and Young throughout Europe, Pinsent Masons, Luther, selected independent law firms and the Holland Law School.

Age Discrimination and Labour Law

Author: Mia Rönnmar
Publisher:
ISBN: 9789041149794
Format: PDF, ePub, Docs
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Benefit from the first in-depth study of the special complexities of the ban on age discrimination. Age Discrimination and Labour Law. Comparative and Conceptual Perspectives in the EU and Beyond, presents a detailed investigation of age discrimination from the dual perspectives of labour law and non-discrimination law.0Ensure that you have a full understanding of the latest global developments with the topical discussion and analysis of EU law and the national law in a representative range of Member States. The richly detailed comparative approach also examines developments in Australia, Japan, Latin America, South Africa, and the United States. 0Distinguished scholars in the fields of non-discrimination law and labour law contribute comparative and conceptual analyses as well as details of national developments, delivering informative guidance to support your practice.

Research Handbook on EU Labour Law

Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Format: PDF, ePub, Mobi
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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Extending Working Life for Older Workers

Author: Alysia Blackham
Publisher: Bloomsbury Publishing
ISBN: 1509905774
Format: PDF, Kindle
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The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the substantial limitations of the Equality Act 2010 (UK) for achieving instrumental and intrinsic objectives. Drawing on qualitative expert interviews, statistical analysis and organisational case studies, it illustrates the failure of age discrimination laws to achieve attitudinal change in the UK, and reveals the limited prevalence of proactive measures to support older workers. Integrating doctrinal analysis, comparative analysis of Finnish law, and the Delphi method, it proposes targeted legal and policy changes to address demographic change, and offers an agenda for reform that may increase the impact of age discrimination laws, and enable them to respond effectively to demographic ageing.

Employers and the Law 2013 14 Anthology of Best Articles

Author: George J. Siedel
Publisher: Van Rye Publishing, LLC
ISBN: 0990367169
Format: PDF, Docs
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The law touches almost every aspect of the relationship between employers and their employees. Hundreds of articles are written every year about legal developments that impact this relationship. This book is a compilation of the best of these articles that were written between March 1, 2013, and February 28, 2014. This time frame was selected because it includes end-of-year articles that review key changes in the law during 2013 and beginning-of-year articles that cover trends and action items for 2014. The articles in this collection were written by leading US employment law experts. In selecting these articles, the goal was to include articles that are concise, clearly-written, practical, and relevant to the responsibilities of business owners, managers, and human resource professionals—and to their legal advisors. The result is a mixture of two types of articles. Some articles focus on fundamental, recurring legal concerns. These include, for example, articles on employer responsibilities relating to holiday activities, off-duty conduct, record keeping, reductions in force, retaliation, seasonal workers, severance agreements, trade secrets, and workplace violence. Other articles address issues that have recently received national attention as a result of changes in the business and legal environment. These include articles on employer responsibilities relating to criminal background checks, Bring Your Own Device policies, workplace bullying, electronic communications, “leaning in,” obesity, social media, telecommuting, and workplace wellness programs. The articles are organized into four groupings. The first group (“Opening Test”) will test whether you have a sound understanding of employers’ legal responsibilities. The second group (“Broad Coverage”) includes review articles that summarize legal developments in 2013 and agendas for 2014. Articles in the third group (“Global Concerns”) address US employers’ increasing concerns with the legal environment outside the United States. The fourth group of articles (“Specific Topics”) comprises most of the book and covers specific topics relating to ongoing and emerging legal responsibilities of employers. We hope that the resources in this book will help you achieve business success in a responsible manner.

The Law on Age Discrimination in the EU

Author: Malcolm Sargeant
Publisher: Kluwer Law International
ISBN: 9041125221
Format: PDF, Mobi
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The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study

Elder Law

Author: Ann Numhauser-Henning
Publisher: Edward Elgar Publishing
ISBN: 1785369091
Format: PDF, ePub, Mobi
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The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.

Taking Employment Discrimination Seriously

Author: Yuwen Li
Publisher: Martinus Nijhoff Publishers
ISBN: 9004177175
Format: PDF
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Employment discrimination is present in any society. However, this severe social problem has escalated in the post-Mao era in China. The imbalance between supply and demand in the labour market, combined with a lack of general consciousness regarding labour rights, have contributed to the swift spread of discrimination. This book contains the most recent research on the reality of discrimination in China, and advocates for effective employment equality protection through law and specialised equality institutions. The study of equal treatment in the legal systems of the EU illustrates the important contribution law, together with general policies, can make to the improvement of equality in employment. While both systems face a distinctive range and degree of problems, employment discrimination ought to be taken seriously in China and the countries of the EU.

Employment Equality Law

Author: Marguerite Bolger
Publisher:
ISBN: 9781858005911
Format: PDF
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Sex Discrimination Law by Kimber and Bolger, was published 12 years ago. Since then employment equality has moved beyond sex equality and now covers nine additional grounds, including nationality, race, age and disability.. New Title: Employment Equality Law This new title Employment Equality Law covers not just sex equality, but all aspects of employment equality law covered by the Employment Equality Acts 1998-2011. It covers Irish law, as well as EU law and decisions of the European Court of Justice, and on occasion, important precedents from other jurisdictions. It provides a detailed consideration of the Employment Equality Acts 1998-2011 and the area of non-discrimination law in Irish and EU law. It covers Irish law, as well as EU law (including the Charter of Fundamental Rights of the European Union) and decisions of the Court of Justice of the European Union, and important precedents from other jurisdictions. It presents the sometimes complex concepts and procedures in employment equality in a practical and accessible manner as well as giving a deeper perspective to those that want it. Key Features: * Provides insights into the law of employment equality and deal the theories and policies underlying equality law * Presents employment equality in a practical and accessible manner alongside deeper analysis and understanding of the complex issues that arise in this area of law and practice * Is only Irish text dealing specifically with employment equality litigation, case law and legislation * Present invaluable discussion on practical areas such as pensions, age discrimination, pregnancy discrimination and disability discrimination as well as practice and procedure will be discussed in depth * Provides relevant and up to date case law on issues within employment equality litigation. Including analysis all significant case law from the Equality Tribunal (e.g. Five Named Complainants v Hospira and O'Brien v Persian Properties), Labour Court (e.g. Valpeters v Melbury Developments and ASTI v Dunbar), High Court (e.g. Donnellan v Minister for Justice and County Louth VEC v Equality Tribunal ) and the Court of Justice of the European Union (e.g. McKenna, Mangold, Coleman, Test-Achats and Kücükdeveci). Up to date * Consider the provisions of the Employment Equality Acts 1998-2011, and the three EU Employment Equality Directives * Highlights significant developments posed by the Charter of Fundamental Rights of the European Union * Discusses the proposed changes envisaged by the Workplace Relations Bill * Analyses the principles from Irish and European jurisprudence alongside the theories and policies underlying equality law and practice ABOUT THE AUTHORS The authors bring their experience in practising before the Irish courts and tribunals and the Court of Justice of the European Union and in, lecturing and research at national and European level to the subject Marguerite Bolger is a Senior Counsel. Claire Bruton is a barrister. Cliona Kimber is a barrister.