by: Roger Blanpain
Edited by: Hiroya Nakakubo, Takashi Araki
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In recent decades enterprises worldwide have reaped the advantages of hiring
employees on a contractual fixed-term basis, thus derogating from their
traditional participation in the social protection of workers and insulating
themselves from legal liability for unjust dismissal. A broad spectrum of
effectiveness has emerged in this development, as different countries have
adopted varying measures to regulate the conditions under which fixed-term
employment contracts are written, applied, and interpreted. This important
book – which reprints papers submitted to the 10th Comparative Labour Law
Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on
March 8th and 9th, 2010 – details the regulatory approaches to fixed-term
contracts in major industrial jurisdictions in Asia and Europe, providing an
opportunity to explore normative directions for labour law and policy in the
age of a diversified workforce.
Nine knowledgeable and experienced contributors describe and analyse the legal
status of fixed-term employment contracts (including relevant case law) in
Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan.
Among the central issues examined are the following:
• how four EU Member States apply the 1999 directive on fixed-term work;
• working conditions under fixed-term contracts;
• legal consequences of violation of regulations on fixed-term employment
• exceptions for certain groups of workers;
• permissibility of derogation by collective agreements;
• circumstances under which law on dismissal may be applied to an employer’s
refusal to renew a fixed-term contract;
• equal treatment between workers on fixed-term contracts and those on
• problems fixed-term workers may face in the country’s social security
• regulation of reasons for concluding fixed-term contracts.
Each author takes into account evaluations from scholars, policymakers, and
stakeholders to his or her country’s regulatory approach to fixed-term
employment contracts, revealing an array of responses ranging from a view that
such contracts enhance employment opportunities in society to advocating
suppression of their use as inherently abusive and discriminatory.
The combined effect of these nine essays is to greatly increase our awareness
of the nature of fixed-term employment contracts, from their fundamental value
as social policy instruments to their inextricable connection with the law of
dismissal. The book sets the stage for deeper and more firmly grounded work
that promises to elucidate the underlying pattern of a new employer-employee
relationship emerging on a worldwide scale.
Notes on the Contributors. Introduction Hiroya Nakakubo and Takashi Araki.
Chapter 1 Fixed-Term Work in Australia Anthony O’Donnell . Chapter 2 The
Regulation of Fixed-Term Work in Britain Aristea Koukiadaki. Chapter 3
Practice and Problems: The Fixed-Term Employment Contract in China Li Kungang.
Chapter 4 Fixed-Term Contracts in France Pascal Lokiec. Chapter 5 Labour
Policy and Fixed-Term Employment Contracts in Germany Bernd Waas. Chapter 6
The Regulation of Fixed-Term Employment in Japan Hisashi Takeuchi-Okuno.
Chapter 7 Labour Policy on Fixed-Term Employment Contracts in Korea John Lee.
Chapter 8 Labour Policy on Fixed-Term Employment Contracts in Sweden Mia
Rönnmar . Chapter 9 Laws and Practice of Fixed-Term Labour Contracts in Taiwan