ISBN-10:
1781004110
ISBN-13:
9781781004111
Pub. Date:
11/13/2013
Publisher:
Edward Elgar Publishing
Multinational Human Resource Management and the Law: Common Workplace Problems in Different Legal Environments

Multinational Human Resource Management and the Law: Common Workplace Problems in Different Legal Environments

Hardcover

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Overview

Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries – Australia, Brazil, Germany, Japan and the United States.


The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world.


Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.

Product Details

ISBN-13: 9781781004111
Publisher: Edward Elgar Publishing
Publication date: 11/13/2013
Edition description: New Edition
Pages: 448
Product dimensions: 6.60(w) x 9.60(h) x 1.10(d)

About the Author

Matthew W. Finkin, University of Illinois at Urbana-Champaign and Joel Cutcher-Gershenfeld, Professor of Labor and Employment Relations, University of Illinois at Urbana-Champaign, US with Takashi Araki, University of Tokyo, Japan, Philipp Fischinger, Universität Mannheim, Germany, Roberto Fragale Filho, Universidade Federal Fluminense, Brazil, Andrew Stewart, University of Adelaide, Australia and Bernd Waas, Johann Wolfgang Goethe University, Germany

Table of Contents

Contents:


PART I: INTRODUCTION

A. Sketches of the Labor and Employment Law Systems


B. Some Demographic Context


PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION

Introduction

Directive 2002/14 EC

Problem 1: Collective Bargaining and a New ‘Greenfield’ Facility

Problem 2: Restructuring Workplace Operations

Problem 3: Consultation on ‘Eco-friendly’ Issues


PART III: DISCRIMINATION IN EMPLOYMENT

Problem 4: Shift to Part-time Workers

A Note on the Casualization of Work

Problem 5: Request to Pray Three Times a Day

Problem 6: Hiring a Woman Who is Pregnant


PART IV: PRIVACY, DIGNITY, AND AUTONOMY

A Note on the Concept of Personality

Problem 7: Background Checks

Problem 8: Video Cameras and Monitoring in the Workplace

A Note on ‘Data Protection’

Directive 95/46 EC

Problem 9: Dating Policy

A Note on Dignity: The Case of Captive Audition


PART V: WRONGFUL DISCHARGE

A Note on Wrongful Discharge Litigation

Problem 10: Outsourcing Abroad

Problem 11: 54-year Old ‘Underperforming’ Salesman

Problem 12: Critical Blog Comments Posted by an Employee

Problem 13: Confidential Securities Hotline

A Concluding Note on Alternate Dispute Resolution


PART VI: COMPENSATION AND BENEFITS ADMINISTRATION

Problem 14: Share Ownership and Common Supplementary Pension Scheme

Problem 15: Pay for Members of a Virtual Team

Problem 16: Government Imposed Executive Compensation Restrictions

Problem 17: Non-competition and Confidentiality Agreement


PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS

Problem 18: Requested Waiver of Inspections

Problem 19: Global Safety

Problem 20: Zero Tolerance Policy

Problem 21: Signing an International Framework Agreement


PART VIII: IN LARGER COMPARATIVE CONTEXT

A. Legal Origin, Legal Family

B. Legal Culture

C. Political Economy: Varieties of Capitalism

D. National Values

E. Legal Transmission and Transplantation

F. The Diffusion of Corporate Culture and Managerial Practice

G. Implications for Policy and Practice


Index

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