Documents found
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902.More information
Traditionally grounded in detention, the right of retention comes as a natural reflex whereby an individual refuses to give satisfaction to another who has not respected his or her own commitments. The multiple applications of this private law principle have been integrated into the Civil Codes of Québec and France to such an extent as to evoke pluralistic retention rights. The linkage between an anticipated receivable and the thing being detained constitutes the essential bonding condition. In Québec, this is seen as a non-performance of covenant and, in some cases, as a prior claim. Without clearly defining the linkage, France presents it as one of the effects of the pledge with or without delivery. Beyond the comparative technical aspects, the author demonstrates how the right to retain movable property generates the same effects in both legal systems, namely opposability with regard to third parties and even occasionally to the owner not bound by the debt. As the author sees it, the right of retention is an answer to a functional definition of the concept of security and would do well to be subject to publication.
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904.More information
Upon observing the evolution of collective agreements in Canada, it can be seen that the bargaining of clauses aiming at technological change, employment, and income security is hindered rather by a freeze inherent to the topic itself than by a lack of union interest in the matter. This freeze can be explained by three factors: the nature of the socio-economic system; bargaining structures; life of the agreement.THE NATURE OF THE SOCIO-ECONOMIC SYSTEMThe requirements of national and international competition as well as those of consumption compel management to produce more and at lower prices. Technological change is a solution to such imperatives and allow a considerable reduction in manpower costs. The resulting mass layoffs plus short and long run unemployment become or tend to become inherent elements of the economic developments (structural unemployment) and appear as one of the consequences or necessities of competition in a liberal system. It seems that the interval between the demands relating to the standard of living and job-keeping and their fullfilment is determined by the degree of implication of union control on the freedom allowed to managers in response to external factors affecting the enterprise and influencing their decision. Demands concerning wages and working conditions are of another nature and easier to absorb at the enterprise level, because they can be recovered by the system through policies susceptible of increasing productivity, reducing manpower or by the choice of the employer to fluctuate prices while his firm keeps competing.BARGAINING STRUCTURESCollective bargaining at the plant or enterprise level, as in Canada in general, hardly favours the creation of a manpower policy effective in a given industrial sector nor the feasibility that most competitors will absorb the social costs of change.The entrepreneur is by nature reluctant to take over the training costs of laidoff workers for fear that they will seek employment with a competitor. Broken down structures of bargaining sustain such reluctance by suppressing the possibility of a policy assented to that effect within a sector and concede to union organization but one channel by which one is seeking total or partial job security (seniority clause, contracting out limitation) at the plant or firm level either by a control of technological change or by the refusal of layoffs upon such changes. Therefore any manpower or employment policy is impaired by the aim of the trade-union to guarantee a maximum job security to the worker at the enterprise level. Wider and more centralized bargaining structures at an industrial sector level would perhaps modify the balance of powers and comprise a series ofproblems directly related to the industrial development and would facilitate special agreements.LIFE OF THE AGREEMENTCollective bargaining is not only a statement of reciprocal rights but impliesbona fide, i.e. implicit obligations or at least moral pledging from union leaders to dissuade workers from illegal strikes or even sympathy strikes during the life of the agreement to support workers already involved in a strike or a lock-out.The life of the agreement should not be separated from the enterprise's tenurial objectives and from a certain management method as long as it is related to a whole system of mechanisms capable of giving solution to internal disputes and to organizational tensions. Therefore the enterprise often controls this tenure by stretching the agreement coverage particularly concerning questions related to the grievance procedure and by favouring this tenure through better working conditions and higher wages for workers.It may be assumed that the enterprise is more willing to negotiate these clauses when a steady production is forseen and when its rational development lies on a planned action.The life of the agreement is therefore important for two reasons. On the one hand, long time agreements enable management to modity the production process in the short run, i.e. during the life of the agreement. Moreover the no-strike clause keeps the workers from an efficient collective action at the enterprise level for fear of possible repraisals from management or legal penalties against them. Furthermore while negotiating it is hard for the trade-union to claim effective changes because management projects and their consequences are little or badly known. On the other hand, it is not easy to engage workers from other firms and non involved in the change because their own agreement keeps them from any sympathy strike. The possibility of a global action towards such aims is rather belittled by the fact that agreements do not expire at the same moment.CONCLUSIONConsidering the difficulty to incorporate certain social targets aiming at the protection of the worker's social status, a more obvious necessity resulting from a greater technological change, mass layoffs, and plant shutdowns, it seems that the present bargaining structures and the extension of the life of the agreement may weaken union power or at least keep it from effectively safeguarding workers' rights when changes occur.
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906.More information
This article analyses how the theatrical presentation of Shakespeare's plays evolved from the Renaissance to the Victorian era. It points out all the major aesthetic changes, and shows how they extended into the screen adaptations of our time. Theatres progressively introduced realistic pictorial elements, established a separation between the actors and the audience, and used focusing processes which already had certain similarities to film narrative techniques.
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907.More information
This article examines the role that disability rights can play in addressing climate change. Drawing on the UN Convention on the Rights of Persons with Disabilities, we outline the obligations of states to persons with disabilities in the field of climate change. We also explain that the increased vulnerability of people with disabilities in the climate crisis results from the interaction between the impairments of individuals and the institutional, economic, behavioral, and environmental barriers they face in society. We then present the results of a systematic analysis of the protection of the rights of people with disabilities in the context of climate policies adopted around the world. Finally, we conclude with a presentation of climate litigation related to the rights of people with disabilities. We suggest that disability-inclusive climate solutions are not only essential to protect the rights and dignity of people with disabilities but could enable a larger portion of the population to contribute to the emergence of low-carbon and climate resilient societies.
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908.More information
Contribution Length and Social SecurityWealth : The Impact of the French Pension Reform Act of 1993. Using thewave 2008 of an administrative panel database (the Échantillon Interrégimes des Retraités), we quantify the effects of the French pension reform act of 1993 on Social Security Wealth (SSW) for pensioners affiliated to the main base pension schemewhich covers private sectorworkers, namely the Caisse nationale d’assurance vieillesse des travailleurs salariés. This indicator enables us to estimate the effects on lifetime wealth derived from pension rights of delayed retirement and pension penalty on incomplete career resulting from the increase in the required contribution length to obtain a full pension with the reform. We show that pension penalty has a negative effect on SSW for all pensioners, including both men and women of the first cohorts of retirees exposed to this reform i. e. those born between 1934 and 1943. The reduction in SSW due to this penalty is higher for men than for women. However, delayed retirement has a positive effect formen and a negative one for women. For men, the increase in SSW due to delayed retirement is cancelled out on average by pension penalty. For women, the decrease in SSW due to pension penalty is mitigated by raising the retirement age. In addition, the consequences of this reform are not uniform along the sample distribution of SSW, with the pension penalty having a high and negative impact on the lowest levels of SSW and a delayed retirement which does not fully offset this adverse effect in this part of the population of retirees.
Keywords: delayed retirement, retirement length, contribution length, retirement age, PAYG benefits, quantile regression, JEL Classification J26, interaction effects, main effects, double-differences, pension penalty, durée de la retraite, effets propres, durée d’assurance, âge de la retraite, retraites par répartition, Classification JEL J26, régression quantile, effets croisés, doubles différences, décote, report
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909.More information
In the context of the Anti-feminist Attacks research, conducted in partnership with the R des centres de femmes du Québec, this article documents anti-feminist actions and analyses their effects on the Quebec feminist movement. Inspired by the hypothesis of the R, according to which feminist reactions to anti-feminist violence are the same as women's reactions in a conjugal or post-conjugal violence context, the writer questions whether there is an “anti-feminist violence cycle”. Using the theory of the cycle of conjugal violence and feminist studies on male violence against women, she examines the similarities between the effects of conjugal violence and the effects of anti-feminist violence, but also the limits this analogies considering the inherently collective dimensions of the anti-feminist attacks.
Keywords: antiféminisme, violences, québec, mouvement féministe, masculinisme
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