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Author: Magdalena Bernaciak Publisher: Routledge ISBN: 1317660943 Category : Political Science Languages : en Pages : 265
Book Description
The term ‘social dumping’ regularly appears in public debates and in policymaking circles. However, due to its ambiguity it is used in a manner that is convenient for individual discourse participants, thus opening the door for misconceptions and ill-grounded accusations. This book systematically examines social dumping in the context of the European integration process. It defines social dumping as the practice, undertaken by self-interested market participants, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. It also shows how the two major EU integration projects the creation of the Internal Market, and EU enlargement to the east and to the south have provided market actors with new incentives and opportunities to contest existing social ‘constraints’. The empirical chapters examine social dumping practices accompanying labour migration, employee posting and cross-border investment distribution. In addition, they outline the process of formation of social standards and trace initiatives at EU and national levels that contribute to the spread of social dumping in Europe. This book will be of interest to scholars and students of employment relations, EU studies, international political economy, globalisation studies, welfare studies, social policy and migration studies.
Author: Magdalena Bernaciak Publisher: Routledge ISBN: 1317660943 Category : Political Science Languages : en Pages : 265
Book Description
The term ‘social dumping’ regularly appears in public debates and in policymaking circles. However, due to its ambiguity it is used in a manner that is convenient for individual discourse participants, thus opening the door for misconceptions and ill-grounded accusations. This book systematically examines social dumping in the context of the European integration process. It defines social dumping as the practice, undertaken by self-interested market participants, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. It also shows how the two major EU integration projects the creation of the Internal Market, and EU enlargement to the east and to the south have provided market actors with new incentives and opportunities to contest existing social ‘constraints’. The empirical chapters examine social dumping practices accompanying labour migration, employee posting and cross-border investment distribution. In addition, they outline the process of formation of social standards and trace initiatives at EU and national levels that contribute to the spread of social dumping in Europe. This book will be of interest to scholars and students of employment relations, EU studies, international political economy, globalisation studies, welfare studies, social policy and migration studies.
Author: David Hine Publisher: Routledge ISBN: 1134743998 Category : Political Science Languages : en Pages : 256
Book Description
Beyond the Market: The European Union and National Social Policy considers the extent to which the European Union has impacted on the formation and content of social and environmental policy in the member states, focusing on the four larger members: Germany, France, the UK and Italy. The contributors use theory and empirical evidence to highlight the factors that influence the formation and content of social policy and why some states have been able to resist EU social policy initiatives successfully and maintain their autonomy.
Author: Matteo Bottero Publisher: Kluwer Law International B.V. ISBN: 9403528648 Category : Law Languages : en Pages : 547
Book Description
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author: Jens Arnholtz Publisher: Routledge ISBN: 0429632258 Category : Business & Economics Languages : en Pages : 233
Book Description
Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.
Author: Nick Adnett Publisher: Financial Times/Prentice Hall ISBN: Category : Business & Economics Languages : en Pages : 332
Book Description
This new book originates from Nick Adnett's popular, Labour Market Policy, retaining much of its features and coverage, but now concentrating on the emerging European policy issues, such as: Eurosclerosis, social dumping, minimum wage laws and wage inequality and subsidiarity. It discusses fully EU-level policy, including a full examination of social policy and the implications of economic and monetary union. Topical policy issues are highlighted in the text and the book also benefits from improved presentation of statistical data. All text and data has been thoroughly updated.
Author: Peter Sheldon Publisher: Routledge ISBN: 0429560664 Category : Business & Economics Languages : en Pages : 196
Book Description
The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge – empirical and theoretical – of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.
Author: Yves Jorens Publisher: Springer Nature ISBN: 3031188543 Category : Law Languages : en Pages : 611
Book Description
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
Author: Jacek Kubera Publisher: Routledge ISBN: 1000050718 Category : Political Science Languages : en Pages : 226
Book Description
Social Europe is a key topic in the construction of the EU and its institutions. This volume examines the current state of, and perspectives for, Social Europe, as well as key issues in European social policy, including the posting of workers, the impact of the free market and regulations on social convergence, work automation, digitalisation, taxation and democracy in the workplace. The aim of this volume is to identify a course to be followed in integrating the EU’s social policies and point to areas in which co-operation between member states is likely to produce best results. While a Social Europe was previously seen to be a natural consequence of political and economic integration, it is now viewed as a separate area that requires active policies to preserve the European project. The EU’s big question today concerns the level at which this policy should be pursued: the volume’s contributors outline difficulties with harmonising social policies across the Union, but they nevertheless argue that, owing to the common challenges faced by Europe, the idea of a Social Europe must not be abandoned and requires specific action. The volume consists of 11 chapters written by a variety of expert authors, analysing the idea of a Social Europe and proposing ways in which it could be put into practice. Social policy can no longer be seen as derived from economic policy but rather as a separate driver of development that could be of interest to the northern, southern and eastern states of the EU. Jacek Kubera, PhD, Assistant Professor, Faculty of Sociology, Adam Mickiewicz University in Poznań. Tomasz Morozowski, PhD candidate, Faculty of Political Science and Journalism, Adam Mickiewicz University in Poznań, and analyst at the Poznań Institute for Western Affairs.
Author: Magdalena Bernaciak
Author: Magdalena Bernaciak
Author: David Hine
Author: Daniel Vaughan-Whitehead
Author: Matteo Bottero
Author: Jens Arnholtz
Author: Nick Adnett
Author: L. Cuyvers
Author: Peter Sheldon
Author: Yves Jorens
Author: Jacek Kubera