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Tables of Contents for Job Creation and Labour Law
Chapter/Section Title
Page #
Page Count
Editor's Foreword
xiii
Notes on Contributors
xvii
List of Abbreviations
xix
PART I GENERAL REPORTS
Employability in the World of Work in the XXIst Century
3
8
Roger Blanpain
The New Economy
3
1
Shifts on the Labour Market: Ins and OUts
3
1
Employable: a Pro-Active Policy Needed
3
1
Europe is Loosing the Battle
4
1
Creative People: the Battle for the Brains
4
2
Foreign Students
5
1
Attraction of Skilled Workers
5
1
Measures to Cope: Employability and the New Economy
6
2
An European Strategy
6
1
Private Initiatives
7
1
Conclusion
8
3
The Role of Labour Law and Industrial Relations in Job Creation Policies
11
10
Miguel Rodriguez-Pinero Bravo-Ferrer
Miguel Rodriguez-Pinero Royo
Introductory Remarks
11
1
The New Labour Law
12
3
Flexibility and Job Creation Policies
15
1
Statutory Law, Collective Bargaining and the Individualisation of Labour Relations
16
2
Conclusion
18
3
Job Creation Strategy, Employment Policy and the Role of Labour Law: Lessons from a Comparative Analysis of US and EU Employment Strategies
21
30
Veronique Marleau
Introduction
21
1
The Employment Challenge within the US and EU Settings
22
6
A Framework for Evaluation
25
1
The Meaning of Job Creation Policy
25
1
Common Core to Active Job Creation Policies
26
2
The US-EU Employment Strategies in Focus
28
7
The EU Employment Strategy
28
3
The US Employment Strategy
31
4
Implications for the Future Direction of Labour Law and Industrial Relations
35
7
Europe's Challenge: Seeking a Balance between the Right to Work and the Right to Protect Existing Work
35
3
America's Challenge: Seeking a Balance between Job Seeker Empowerment and Worker Protection
38
4
Conclusion
42
9
The Role of Labour Law and Industrial Relations in The Policy of Creating Employment in Latin America
51
18
Luis Aparicio Valdez
Jorge Bernedo
The Latin American Panorama
51
1
The World of Protective Labour Legislation and its Labour Market
52
1
The Changes Brought by Globalisation and the New Economy
53
1
The Global Employment Crisis: the Case of Latin America
54
2
The Arguments of Becoming More Flexible: the Role of Labour Legislation in Generating Employment
56
1
The New Role of Industrial Relations
57
1
Employment Promotion Proposals in a Social Protection Framework
58
1
The Labour Reforms in Latin America
59
3
The Symptomatic Case of the Pension and Social Security Reform
62
3
Global Balance and New Challenges
65
4
Job Creation Policies in Latin America
69
8
Juan Raso Delgue
Employment, Precarious Jobs and Restructuring of Industrial Relationships in Latin America
69
1
Poverty, Unemployment and Education in Latin America
70
2
New Conscience about Employability and the Labour Market
72
1
The Role of Governments and Social Partners in the Promotion of Employment
73
1
Conclusions
74
3
The Role of European Community Vocational Training Law and Policy Within the European Employment Strategy: Simply a Soft Target?
77
22
Sally Ball
Introduction
77
2
European Community Vocational Training Policy: Regulatory Challenges
79
3
The Location of Vocational Training Policy within the European Employment Strategy
82
3
Vocational Training Policy and the European Employment Strategy: a Fresh Approach?
85
4
Proceeding with Caution
89
2
Conclusion
91
8
PART II NATIONAL REPORTS
Employment Protection and Employment Promotion - The Contested Terrain of Australian Labour Law
99
22
Cristopher Arup
John Howe
Richard Mitchell
Anthony O'Donnell
Joo Cheong Tham
Introduction
99
1
The British Tradition and Australian Labour Law
100
1
Employment Promotion in Australia: a Survey of Trends in Law and Policy
101
10
Supply-Side Measures and Policies: Sustaining Labour Supply and Improving Employability
102
1
Immigration
102
1
Vocational Education and Training and Labour Market Programs
103
1
Employment Placement
104
1
Unemployment Benefit
105
1
Taxation
106
1
Equal Opportunity
107
1
Demand-Side Measures and Policies: Encouraging Adaptability of Business and Increasing the Requirement for Labour
108
1
Job Creation and Wage Subsidy Schemes
108
1
Labour Law and Industrial Relations Policies Advancing Enterprise Flexibility and Business Competitiveness
109
2
Commentary
111
4
Employment Promotion and the Labour Market
111
2
Employment Promotion and Labour Law
113
2
Employment Promotion and the `Vocation' of Labour Law
115
1
Conclusion
115
6
`Jobstart' and the Regulation of Wage Subsidy Programs in Australia
121
16
John Howe
Introduction
121
1
JobStart - Policy Overview
122
5
Introduction to JobStart
122
2
The Evolution of JobStart: Changing Priorities
124
3
Legal Framework
127
4
Legislation
128
1
Administrative Structure
128
1
Guidelines
129
1
Wage Subsidy Agreement
130
1
Some Brief Observations
131
1
Conclusion
132
5
Job Creation Policies in Belgium
137
8
Roger Blanpain
Introductory Remarks
137
1
Developing Enterpreneurship
137
1
Encouraging Adaptability in Businesses and their Employees
138
1
Improving Employability
139
1
Strengthening the Policies for Equal Opportunities
140
1
The Federal Governmental AGreement (July 1999): the Bridge towards the XXIst Century
141
1
An Active Welfare State: Increasing the Employment Rate
141
1
Concrete Measures to Promote Employment
141
1
Working Time and the Quality of Work
142
1
Motivation and Participation of Workers
142
1
Conclusion
142
3
Job Creation Policies in Germany - The Role of Labour Law, Social Security Law and Industrial Relations
145
24
Manfred Weiss
Marlene Schmidt
Introduction
145
1
Improving Employability
146
11
Tackling Youth Unemployment and Preventing Long-Term Unemployment
146
1
Definition of Unemployment
146
1
Tackling Youth Unemployment
147
1
Preventing Long-Term Unemployment
147
2
Private Versus Public Employment Services
149
1
Transition from Passive to Active Measures
150
1
Incentives to Seek and Take Up Work or Measures to Enhance Employability
150
1
Policy of ``Active Ageing''
151
1
Encouraging a Partnership Approach
152
1
Alliances for Employment
152
1
Collective Agreements and Works Agreements
152
2
Social Plans
154
1
Promoting a Labour Market Open to All
155
1
Employment of Female Employees
155
1
Employment of Disabled Persons
156
1
Foreign Nationals of both Genders
156
1
Encouraging Adaptability of Businesses and their Employees
157
7
Modernising Work Organisation
157
1
Continuation of Renumeration in Case of Sickness
157
1
Dismissal Protection
157
2
Fixed-Term Contracts
159
1
Temporary Work
159
2
Part-Time Work
161
1
Working Time
162
1
Overtime Work
163
1
Incorporating More Adaptable Forms of Contracts
163
1
Conclusion
164
5
The Role of Labour Law and the Social Partners in Job Creation Policies: A German Perspective
169
10
Rudolf Buschmann
Torsten Walter
Introduction
169
1
The Holzmann Case
169
1
Company Law Beats Labour Law
170
1
OECD Findings
170
2
The US-Example
172
1
The Importance of Social Insurance Law
172
1
Reduction of Working Hours
173
1
Part-Time Work
173
2
Collective Bargaining Autonomy
175
1
Prosperity Part-Time Work
176
1
Society Finances Social Needs
176
3
The Role of Labour Law in Job Creation Policies: An Italian Perspective
179
16
Marco Biagi
Michele Tiraboschi
Preliminary Remarks
179
2
Employability and Adaptability: Which is the Role for Labour Law in Employment Policies?
181
6
Is the One-Way Track development of Italian Labour Law the Main Cause of Unemployment?
181
1
The Italian Road to Employment: Social Concertation as an Antidote to the Trend Towards Deregulation
182
3
A First Assessment of 20 Years of Employment-Friendly Labour Policies
185
2
Aids for Employment: Towards a Reform
187
2
State Aid for Employment and Compabitibility with the Community Regime of Competition
187
1
Towards the Reform of the System of Incentives for Employment
188
1
Concluding Remarks
189
6
The Role of the Italian Social Security System for the Unemployed in the Labour Market
195
22
Simonetta Renga
The Social Security System for the Unemployed
195
2
A Definition
195
1
The Role of the Social System for the Unemployed in the Labour Market
196
1
The Social Security Provisions for the Unemployed and their Effects in the Labour Market
197
12
Unemployment Insurance
197
2
Short Time Earning Funds (Cassa integrazione guadagni)
199
3
Mobility Allowance (Indennita di mobilita)
202
2
Solidarity Contracts (contratti di solidarieta)
204
1
Public Utility Works
205
2
Early and Phased Retirement
207
1
Early Retirement
207
1
Phased Retirement
207
1
Incentives to Self Employment and Small Enterprises
208
1
The Evolution of the Role Played by the Social Security System for the Unemployed in the Labour Market
209
8
The Role of Japanese Labour Law in Job Creation Policies
217
16
Hideyuki Morito
Shinya Ouchi
Introduction
217
1
Improving Employability
218
3
Vocational Training
218
1
Traditional Framework
218
1
New Framework
219
1
Labor Market-Opening Measures for Particular Groups
219
1
Women
219
1
Older Workers
220
1
People with Disabilities
221
1
Encouraging Adaptability of Businesses and their Employees
221
7
Flexibility in Work Organization
221
1
Flexibility in Personnel Management
221
1
Flexibility in Working Time
222
3
Flexibility in Forms of Labor Contract
225
1
Part-Time Work
225
1
Fixed-Term Contracts
225
1
Worker Dispatching
226
1
Employment Placement Regulations
226
1
A Coexistence System of Public and Private Placement Service
226
1
Deregulation of Placement Fees
227
1
Work-Sharing for Job Creation
228
1
Conclusion
228
5
Globalisation, Labour Law and Unemployment: The South African Case
233
20
Carole Cooper
Introduction
233
1
Challenges of Globalisation
234
1
Macro-Economic Infleunces on Job Creation
234
1
Escalation in Unemployment
235
1
Labour Market Policy and Labour Law
236
1
Labour Law Reform
237
9
The Labour Relations Act
237
4
Basic Conditions of Employment Act
241
3
Skills Development
244
1
Social Security and Job Creation Programmes
245
1
Conclusion
246
7
The Role of Spanish Labour Law in Job Creation Policies
253
16
Carmen Agut Garcia
Employment Policy
253
3
Subjects Involved
254
1
The Aim of Employment Policy
254
1
Employment Policies Measures
255
1
Company Incentives
256
4
Job Flexibility
256
1
Numerical Flexibility
256
2
Functional Flexibility
258
2
The Promotion of Employment
260
5
The Job Promotion Programme for 2000
262
1
Measure Available for the Reinsertion into the Job Market of Workers over 45 and with Difficulties in Finding a Job
263
2
An Assessment of the Spanish Employment Policy
265
4
From ``Bad Boy'' To European Role Model?-The Strange Legacy of United Kingdom Employment Policies since the Single European Act
269
20
Alan C. Neal
Introduction
269
1
The Amsterdam Treaty and the Luxembourg Summit
270
2
Employment and Unemployment Rates
270
2
The Four Pillars for Employment Policy
272
4
Pillar I: Improving Employability
272
1
Pillar II: Developing Entrepreneurship
273
1
Pillar III: Encouraging Adaptability of Businesses and their Employees
274
1
Pillar IV: Strengthening Equal Opportunities Policies for Women and Men
275
1
Seeking the Roots of the European Union's Employment Policy
276
2
Identifying Key Employment Issues (1985-1992)
276
2
From ``Bad Boy'' to European Role Model?
278
11
Beware of Superficial Similarities
278
1
The Future of European Union Employment and Social Policy
279
10
The United Kingdom Employment Policy: A Success Story?
289
9
Pascale Lorber
Introduction
289
1
Improving Employability
290
6
Tackling Youth Unemployment and Preventing Long Term Unemployment
290
2
Transition from Passive to Active Measures
292
1
Encouraging a Partnership Approach: the Role of the Social Partners in Developing Employability Measures and Promoting Life Long Learning
293
1
Promoting a Labour Market Open to All
293
1
The Gender Gap
294
1
Labour Market Open to Other Categories
295
1
Encouraging Adaptability of Businesses and their Employees
296
2
Modernising Work Organisation
296
1
More Adaptable Employment Contracts
297
1
Conclusion: a Success Story?-Less Labour Law and More Social Partners?
298