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Hello,
I'm not sure if this is the right medium to ask this. But I was wondering if anybody would be willing to review a paper of mine?
I'm a master's student of Law and need to write an in-depth analysis of a topic in regards to European labor and employment law.
As I am not to familiar with the subject feedback would be appreciated. Or if someone could refer to someone that could help me with this.
Kind regards
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Hello Steve,
In each country there are people able to fullfill your question. In Belgium I would suggest Stan De Spiegelaere, e-mail: Stan.DeSpiegelaere@UGent.be
He works at the Gent University and also for ETUI (the European Trade Union Institute). If no success: try in Holland prof. Paul de Beer (p.t.debeer@uva.nl ) or Robert van het Kaar (R.H.vanhetKaar@uva.nl ), both associated to the Trade Union Istitute De Burgth. I wish you good luck
Jan Heijink
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If there is gender discrimination in course of employment, whether the employer shall be liable if the discriminating act was done by the employees or agents, what is the approach to make a determination concerning the sanctions to the employer? What specific sanctions (legal responsibilities) should the employer be subjected to?
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It can be a civil law problem as the discriminated person claims for damages against the tort upon the dignity rule and personal rights protection. (Civil law liability) On the other hand, the ombudsman or a specialized agency can impose a fine on the employer. (Public law liability)
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Indian government adopted in 1990 a policy for providing in government employment reservation of jobs and admission in publicly-run educational institutions for people from socially and economically backward classes. These are referred to as Other Backward castes (OBCs).Class for this purpose is determined by including people from certain identified castes but not from the creamy layer of such castes (i.e. richer people).  It was vehemently opposed by especially  students from higher castes in 1990. Somehow, the law and policy have survived. Today, India has 27 percent reservation of jobs in government and admission to government schools for people from OBCs.  There has been perception of injustice by certain other  castes, who were not identified originally as OBCs. They have made demands for inclusion in the OBCs category. This has become a highly volatile and disputable issue. Often, this has led to violence by these castes. Especially, students from the higher castes have opposed it vigorously. Contemporary India is grappling with this issue with recent massive violence of this nature in Haryana state.
What are your views on this issue? Do you have some such provisions for reservation or affirmative action in your country?
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Dear colleagues, I believe that jobs should go to anyone based on meritocracy AND THE ABILITY TO DELIVER.  If the OBCs are able to deliver good services, it should go to them.  Jobs must not be based on who you are, who you know or what rich family you come from.  Anything besides MERITOCRACY may not be sustainable in the long run.  Everyone from whatever caste can equip themselves and discipline themselves to do a good job.  (But if there is always a certain percentage designated for a certain group of persons, certain people will take life easy and relax, while others have to slog.  This is happening in many places, perhaps India as well.)
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In Italy there is a huge debate about the elimination of the so called "giusta causa di lincenziamento", that is, with the current law, employees who work for firm with more than 15 persons, cannot be fired without a valid motivation.  In Particular if a judge finds that the motivations for firing a worker are not valid, he can force the firm to hire again the worker.  A large part of italian media,  sees the elimination of this norm, as a sort of Panacea against all the ills of the Italian economy. For me, it is not clear why such reform should help italian economy. The medium size of the italian firm is 3 employees, furthermore to my knowledge there is not a paper that clearly  shows that EPL reduces total employment.
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Employment protection is a complex web of laws and practices that usually also can be changed by contracts. I think somebody is trying to change the concept of with whom a right is allocated, because as far as I know at-will-employment is not the norm in Europe. If two parts enter into a contract, it is usually the case that you need to show that the terms of the contract has been violated by one party, in order to terminate the contract. Otherwise, I see no need for contracts... (anybody can break it for any reason at any time at no cost?)
Now, the question is "under what circumstances can a contract be cancelled"? If there are few, if any, get-out clauses, that is generally not a good thing in employment law. What if you could not change jobs (terminate your contract)? What happens if a firm runs into a slump, or closes?  If there are few circumstances where a firm can reduce the workforce (only through voluntary agreements or retirement of the workforce), this may be a bad thing. Employers would be reluctant to take on new permanent staff, because the potential cost would be high. This could create a dual labour market, where some are permanently and safely employed, and some are reduced to (the modern equivalent of) day labour. In some circles, the anglo-saxon, especially US concept of fairness in this arena is somehow held as a shining example of a well-functioning labour market. The evidence for that is somewhat spotty, since the ultimate purpose of what outcome is desirable is highly complex. For example: what is the purpose of the labour market? Does the labour market serve that purpose well? Who is it for? What is a desirable outcome?
You can read more on this topic, and study differences in employment relation legislation in different countries at http://www.oecd.org/employment/emp/oecdindicatorsofemploymentprotection.htm
There you can download materials, including the employment protection indicators for OECD countries. There I found that Italy ranks 8 in the risk of individual dismissal of both permanent and temporary workforce.
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Lately, the IR research in developing countries is tending to wither away. Scholars in these countries are researching more about human resource management (HRM) issues and its different aspects. In Indian, the only journal of IR, though is 50 plus years old, but there is hardly any papers in it on IR; it is full of papers on HRM and organization studies. What are the possible reasons?
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Thanks to Prof. Debi S. Saini for it’s really an interesting question and very useful to me for got a new idea in HRD practices please. I am strongly agreed with the answers of Prof. Huajiang Ouyang , Prof. Kamal Eddin Bani-Hani & Prof. Paul Davis.