scholarly journals Judicial Interpretation of Collective Bargaining Agreements: The Danger Inherent in the Determination of Arbitrability

1983 ◽  
Vol 1983 (4) ◽  
pp. 848
Author(s):  
Paula L. McDonald
Keyword(s):  
Collective Bargaining ◽  
Judicial Interpretation

scholarly journals Mergers and the rights of minority shareholders in Pakistan

2008 ◽  
Vol 5 (2) ◽  
pp. 192-206
Author(s):  
Sikander Ahmed Shah
Keyword(s):  
Regulatory Agencies ◽  
Judicial Interpretation ◽  
Minority Shareholders ◽  
Controlling Shareholders ◽  
Legal Provisions ◽  
Prime Concern ◽  
Business Perspective ◽  
Vested Interests ◽  
Economic Standpoint

Mergers are not only becoming prevalent in the contemporary, but are also considered a phenomenon of the gravest concern both from a legal as well as from a business perspective. In fact the law seems to be suspicious when mergers involve controlling shareholders having vested interests making such consolidation decisions. The interest and betterment of the minority shareholders is considered to be a prime concern both from a societal as well as from an economic standpoint. It is for this reason that mergers are heavily regulated and monitored by both the Courts as well as administrative/regulatory agencies such as the SECP in Pakistan. This paper first lays out the procedural workings of a merger in Pakistan and then analyzes the legal provisions to determine the adequacy of such laws in providing requisite protection to minorities in mergers. An elaborate discussion of the relevant landmark cases follows. Judicial interpretation of statutes, judge made law, rules and policy considerations are also discussed. A pragmatic determination of the level of protection actually awarded to minority shareholder in mergers is also elaborated upon. At this juncture, the shortcomings in the relevant Pakistani legal infrastructure such as corruption, nepotism and ineptness are also highlighted.

Cross-sectoral coordination and regulation of wage determination in northern Europe: Divergent responses to multiple external pressures

2018 ◽  
Vol 24 (4) ◽  
pp. 409-425 ◽  
Author(s):  
Jon Erik Dølvik ◽  
Paul Marginson
Keyword(s):  
Collective Bargaining ◽  
Wage Bargaining ◽  
Wage Determination ◽  
Northern Europe ◽  
Northern European ◽  
External Pressures ◽  
Incomes Policy ◽  
Wage Regulation ◽  
Wage Floor

We examine changes in collective wage regulation in five northern European countries since 2000, with a focus on coordination across sectors, articulation between levels and determination of wage floors. Earlier change in the functioning of wage bargaining arrangements in Germany placed pressure on other northern countries. In Finland, employers recently instigated a shift from tripartite incomes policy to manufacturing-led pattern bargaining, with increased scope for decentralized negotiations. This made Finnish arrangements more similar to their Nordic counterparts, which have been marked by modest adaptations. Divergence continues in wage floor regulation. Increased statutory generalization of collectively agreed minimum wages has moved Germany and Norway closer to Finland, while Denmark and Sweden still rely solely on collective bargaining. The multi-faceted employer and state approaches to wage regulation are not consistent with recent claims of a neoliberal transformation across the northern coordinated economies.

scholarly journals Demand Guarantees in the People’s Republic of China and the Republic of South Africa

2019 ◽  
Vol 6 (2) ◽  
pp. 4-32
Author(s):  
Ch. Hugo
Keyword(s):  
South Africa ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Judicial Interpretation ◽  
Republic Of China ◽  
The World ◽  
The Law ◽  
The Republic ◽  
Legal Consequences

Guarantees play an important role in large commercial contracts internationally. Guarantees can be either independent (demand) guarantees or accessory guarantees. The legal consequences of the two differ significantly and, therefore, it is important to differentiate clearly between the two. In the case of independent (demand) guarantees – the focus of this contribution – the guarantor’s liability is independent of the underlying performance it is guaranteeing, and is accordingly to be determined, in principle, with reference only to the terms of the guarantee. However, this is not an absolute principle. Jurisdictions throughout the world recognize exceptions to this principle, the most important and prevalent being fraud on the part of the beneficiary. A Judicial Interpretation by the Supreme People’s Court of the People’s Republic of China relating to independent guarantees came into operation in December 2016. Its rules depart in some important respects from the law of guarantees in South Africa, both in relation to the determination of the nature of the guarantee (as independent or accessory) and in relation to the exceptions to the principle of independence. This article explores these issues against the background of the law of contract of both countries.

scholarly journals Collective Bargaining Laws, Threat Effects, and the Determination of Police Compensation

1989 ◽  
Vol 7 (2) ◽  
pp. 191-209 ◽  
Author(s):  
Casey Ichniowski ◽  
Richard B. Freeman ◽  
Harrison Lauer
Keyword(s):  
Collective Bargaining

Workers' freedom of association in Botswana

1998 ◽  
Vol 42 (1) ◽  
pp. 64-79 ◽  
Author(s):  
B. Molatlhegi
Keyword(s):  
Collective Bargaining ◽  
Significant Role ◽  
Industrial Relations ◽  
State Intervention ◽  
Market Place ◽  
Freedom Of Association ◽  
Labour Law ◽  
Labour Relations ◽  
Conditions Of Employment

The year 1992 saw significant reforms to the Botswana labour law and industrial relations system. Before then, as was the case elsewhere in Africa, the Botswana government had adopted highly interventionist policies with respect to industrial relations. The changes introduced in 1992 were aimed at shifting labour relations to the market place. State intervention, though not completely eliminated, has been greatly reduced as a result. The changes in labour law and the industrial relations system have brought to the fore the debate about the nature, content and extent of workers' freedom of association in the country. The changes mean that more than ever before collective bargaining will play a significant role in the determination of wages, terms and conditions of employment.

scholarly journals Legal Regulation of Collective Bargaining in the Ontario Public Sector

2005 ◽  
Vol 29 (4) ◽  
pp. 776-785
Author(s):  
D. D. Carter
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Labor Force ◽  
Legal Regulation ◽  
Political Activities ◽  
Legal Structure

In this paper, the author describes the major features of the legal structure for collective bargaining in the Ontario public sector. The emphasis is mostly placed upon the Crown Employees Collective Bargaining Act which applies to a sub-stantial portion of the Ontario public sector labor force. The basic issues dealt with include : disputes settlement, scope of bargaining, determination of bargaining units, representation elections and political activities.

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