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Author: Martin Risak Publisher: ISBN: 9782874524745 Category : Languages : en Pages : 66
Book Description
In the changing world of work and the emergence of new forms of employment that are often in the grey zone between traditional employment and self-employment the question of the scope of protection of labour and employment law becomes again more urgent.00Although defining the concept of worker is thus of utmost (and growing) importance, it is not legally defined (yet) at EU level, but has been shaped by numerous decisions of the Court of Justice of the European Union (CJEU, formerly European Court of Justice (ECJ)). This report analyses this jurisprudence and explores how and whether the underlying concept of worker is able to adapt to the changes in the world of work and still fit for purpose to protect those who are in need of protection.00Based on this, the study develops a European concept of worker which would be adapted to the new forms of employment namely to the self-employed that are in need of protection to a similar extent as traditional employees.
Author: Martin Risak Publisher: ISBN: 9782874524745 Category : Languages : en Pages : 66
Book Description
In the changing world of work and the emergence of new forms of employment that are often in the grey zone between traditional employment and self-employment the question of the scope of protection of labour and employment law becomes again more urgent.00Although defining the concept of worker is thus of utmost (and growing) importance, it is not legally defined (yet) at EU level, but has been shaped by numerous decisions of the Court of Justice of the European Union (CJEU, formerly European Court of Justice (ECJ)). This report analyses this jurisprudence and explores how and whether the underlying concept of worker is able to adapt to the changes in the world of work and still fit for purpose to protect those who are in need of protection.00Based on this, the study develops a European concept of worker which would be adapted to the new forms of employment namely to the self-employed that are in need of protection to a similar extent as traditional employees.
Author: Alan C. Neal Publisher: Kluwer Law International B.V. ISBN: 9041123121 Category : Law Languages : en Pages : 193
Book Description
In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.
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: Alain Supiot Publisher: Oxford University Press ISBN: 9780199243044 Category : Business & Economics Languages : en Pages : 268
Book Description
This book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work initiated by the EC. It takes as its starting point the profound changes that have taken place in the underlying employment relationship and associated human resource practices over the past twenty years. These developments are placed in their economic, social, institutional, and legal contexts. Competitive pressures on firms, the search for greater efficiency and effectiveness in the delivery of public services, the changing role of women in society, and the desire for greater choice on the part of individuals are all important motives for change. The legal framework and the structures and organizations which represent the interests of workers and employers must respond to these changes. Drawing on illustrations from a number of European countries, the book suggests that the legal framework should encourage greater collaboration in the workplace, particularly over issues such as training. But it should also place work within its social context and facilitate genuine choices by individuals.
Author: Antonio Bartolini Publisher: Springer ISBN: 3030005542 Category : Law Languages : en Pages : 630
Book Description
This Dictionary analyses the ways in which the statuses of European citizens are profoundly affected by EU law. The study of one’s particular status (as a worker, consumer, family member, citizen, etc.) helps to reconsider the legal notions concerning an individual’s status at the EU level. The Dictionary includes a foreword by Evgeni Tanchev, Advocate General at the Court of Justice of the European Union, which illustrates some interesting features of the Court’s case law on statuses.The Dictionary’s core is composed of 79 chapters, published in alphabetical order. Each brief chapter analyses how the individual status was conditioned or created by contemporary EU law, or how the process of European integration modified the traditional juridical definition of the respective status. The Dictionary provides answers to the following questions: Has the process of European integration modified the traditional juridical definition of individual status? Has the concept of legal status now acquired a new function? What role has EU law played in developing a new modern function for the concept of individual status? Are the selection of a specific individual status by EU law and the proliferation of such statuses, which is synonymous with the creation of new privileges, collectively undermining the goal of achieving substantive equality between EU citizens? Does this constitute a return to the past? Under EU law, is it possible to create a uniform definition of the legal status of the person, over and above the definition that is provided by a given Member State’s legal system?
Author: Moritz Jesse Publisher: Cambridge University Press ISBN: 1108857701 Category : Law Languages : en Pages : 461
Book Description
Not a day passes without political discussion of immigration. Reception of immigrants, their treatment, strategies seeing to their inclusion, management of migration flows, limitation of their numbers, the selection of immigrants; all are ongoing dialogues. European Societies, Migration, and the Law shows that immigrants, regardless of their individual status, their different backgrounds, or their different histories and motivations to move across borders, are often seen as 'the other' to the imaginary society of nationals making up the receiving (nation-)states. This book provides insights into this issue of 'othering' in the field of immigration and asylum law and policy in Europe. It provides an introduction to the mechanisms of 'othering' and reveals strategies and philosophies which lead to the 'othering' of immigrants. It exposes the tools applied in the implementation and application of legislation that separate, deliberately or not, immigrants from the receiving society.
Author: Jeremias Prassl Publisher: Oxford University Press, USA ISBN: 0198735537 Category : Law Languages : en Pages : 289
Book Description
The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.
Author: Hélène Michel Publisher: Taylor & Francis ISBN: 1000782115 Category : Political Science Languages : en Pages : 162
Book Description
This book brings together the expertise of economists, legal scholars, political scientists, and sociologists in order to integrate diverse perspectives and a broad range of analytical tools in the conceptualisation of labour mobility. It examines how variably the question of labour mobility has translated into the policies, laws, and norms through which the EU as a whole is governed. The contributions focus on the actors – European and national officials, experts, trade union and employers’ organisations – and on instruments implemented by institutions and political organisations – European Agency, coordination systems, European Job Mobility Portal (EURES) – to increase and support mobility within the European Union. This book will be of key interest to scholars and students of European/EU studies, migration studies, labour studies, political sociology, and more broadly to comparative politics.
Author: Luca Ratti Publisher: Bloomsbury Publishing ISBN: 1509968741 Category : Law Languages : en Pages : 621
Book Description
This book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement. With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour law's most fundamental objectives – to provide for adequate minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists and employers' representatives.
Author: Jeff Kenner Publisher: Edward Elgar Publishing ISBN: 1788973267 Category : Law Languages : en Pages : 272
Book Description
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
Author: Martin Risak
Author: Martin Risak
Author: Alan C. Neal
Author: Matteo Bottero
Author: Alain Supiot
Author: Antonio Bartolini
Author: Moritz Jesse
Author: Jeremias Prassl
Author: Hélène Michel
Author: Luca Ratti
Author: Jeff Kenner