The Labour Courts and Their Place in the Legal and Labour Relations Systems of Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv
Keyword(s):  
Political System ◽  
International Congress ◽  
Labour Law ◽  
Labour Relations ◽  
Legal Development ◽  
Integral Component ◽  
The Law ◽  
Basic Features ◽  
New System

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.

The future of labour law in Europe

2017 ◽  
Vol 8 (4) ◽  
pp. 344-356 ◽  
Author(s):  
Manfred Weiss
Keyword(s):  
Labour Law ◽  
Labour Relations ◽  
Lecture Series ◽  
Law Faculty ◽  
The World ◽  
Disciplinary Perspective ◽  
The Future ◽  
The Law ◽  
International Comparative ◽  
The University

This contribution contains the text of the first Roger Blanpain Lecture held at the Law Faculty of the University of Leuven on 8 May 2017. The Roger Blanpain Lecture Series aims to bring a renowned expert in the field of labour law and labour relations to the Law Faculty of the KU Leuven once per year. The idea is to stay close to the academic approach of professor Blanpain and the Institute for Labour Law, which implies the study of labour law from an international, comparative and cross-disciplinary perspective. The lecture aims to offer a ‘window to the world’ to our students and the Institute’s academic and professional partners as well as the wider public.

scholarly journals The reception of the economic torts into New Zealand labour law: a preliminary discussion

1970 ◽  
Vol 12 (2) ◽  
Author(s):  
Gordon Anderson
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Basic Question ◽  
Labour Law ◽  
Labour Relations ◽  
Preliminary Discussion ◽  
The Common ◽  
The Law ◽  
The Impact

This discussion raises a nu1nber ojissues related to the introduction of the economic torts into New Zealand labour law during the 1970s. These include the question of whether such major innovations accorded with the principles normally accepted by comparative lawvers when considering legal transplants. and the basic question of whether the common law as developed in Britain is, in this case, suitable for New Zealand circumstances. The impact of the law in New Zealand is then outlined and the changes introduced hy the Labour Relations Act are briefly considered.

scholarly journals Právní aspekty pracovně psychologické diagnostiky

TESTFÓRUM ◽  
2018 ◽  
Vol 6 (10) ◽  
pp. 23-31
Author(s):  
Matěj Stříteský
Keyword(s):  
Psychological Testing ◽  
Legal Regulation ◽  
Labour Law ◽  
Labour Relations ◽  
The Law ◽  
The Right

Předkládaný článek se zamýšlí nad tím, zda existuje právní úprava, která reguluje používání psychologické diagnostiky v pracovněprávních vztazích. Článek dochází k závěru, že právní úprava pracovně psychologické diagnostiky existuje, protože se jedná o formu zjišťování informací o zaměstnancích nebo uchazečů o zaměstnání. Článek řeší např. otázku, jaké testy může pracovní psycholog používat, zda musí poskytnout výsledky testů testovanému, či zda existují sankce za porušení vyvozených pravidel. Na základě analýzy právní úpravy autor vyvozuje pravidla, pro používání psychologické diagnostiky v pracovně právních vztazích. Své závěry se autor snaží ověřovat dotazy na správní orgány, které vykonávají dohled nad dodržováním relevantní právní úpravy.The paper considers whether the Czech law includes any legal regulation of psychological testing in labour relations. The author argues that psychological testing in labour relations is indeed regulated by the law because psychological testing represents a type of obtaining information about an employee or a future employee. The paper proposes arguments why some tests should not be used for psychological testing in labour relations, why test takers have the right to access the results of testing. The paper also considers if there are any penalizations for not following the regulations. Based on the analysis of legal regulation the author proposes several rules for the use of psychological testing in labour relations. For the validation of his findings the author contacted legal authorities that enforce labour law.

The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Important Case ◽  
Legal Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Deliberative Politics ◽  
The Law ◽  
Subsequent Modification

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.

scholarly journals “Lest You Undermine Our Struggle”: Sympathetic Action and the Canadian Charter of Rights and Freedoms

2015 ◽  
pp. 139
Author(s):  
Keir J.M. Vallance
Keyword(s):  
Common Law ◽  
Case Law ◽  
Freedom Of Association ◽  
Labour Law ◽  
New Era ◽  
Canadian Charter ◽  
Labour Relations ◽  
Labour Rights ◽  
The Common ◽  
The Law

In this new era of recognized constitutional labour rights, one aspect of labour relations — sympathetic action — remains, for the most part, judicially unexamined. This article examines the case law to demonstrate that there is a constitutional argument that both the statutory prohibition on sympathetic action, and the hostility to sympathetic action in the common law of contract and tort, infringe on the freedoms in section 2 of the Charter. However, there is no necessary connection between a right to undertake sympathetic action and a right to strike, nor is freedom of association the only Charter right that can protect sympathetic action. Ultimately, an absolute ban on sympathetic action under Canadian labour law violates the Charter and must be removed; and the hostility of the law of tort and the law of contract to sympathetic action also contravenes Charter values.

scholarly journals Skutki ideologizacji preambuły kodeksu pracy

2021 ◽  
Vol 43 (4) ◽  
pp. 107-116
Author(s):  
Piotr Kapusta
Keyword(s):  
Education System ◽  
Legal Regulation ◽  
Labour Law ◽  
Labour Relations ◽  
The Media ◽  
The Law

The post-totalitarian authoritarianism of the Polish People’s Republic of 1956–1989 was based on, among others, indoctrination. It was carried out not only through the media and the education system. The law also served this purpose. The adoption of the Labour Code provided the basis for using the educational function of the preamble to shape and consolidate politically desirable patterns of behaviour in socialist labour relations. The content of the Preamble to the Labour Code not only reflected the goals set by the legislator of the adopted legal regulation, but, being saturated with ideological issues, it set the directions for adopting and applying labour law provisions and defined the desired behaviour patterns. Due to the content of individual editorial units, the Preamble to the Labour Code was not only of legal importance, but also some parts of it were normative.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

scholarly journals Regulating Labour Relations in China : The Challenge of Adapting to the Socialist Market Economy

2005 ◽  
Vol 37 (3) ◽  
pp. 753-775
Author(s):  
Pitman B. Potter ◽  
Li Jianyong
Keyword(s):  
Economic Growth ◽  
Trade Unions ◽  
Legal Protection ◽  
Labour Law ◽  
Potential Significance ◽  
Major Step ◽  
Socialist Market Economy ◽  
Labour Relations ◽  
The Relationship ◽  
Socialist Market

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

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