Enforcing EU employment law in the UK : the pending directives on individual labour law and the consequences of their forthcoming implementation PDF Download

Author: Constantinos Parissis
Publisher: Constantinos Parissis
ISBN:
Category :
Languages : en
Pages : 244

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Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Category : Law
Languages : en
Pages : 600

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Book Description
Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
ISBN: 9403528648
Category : Law
Languages : en
Pages : 547

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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: European Commission. Directorate-General for Employment, Social Affairs and Inclusion
Publisher:
ISBN:
Category : European Economic Community countries
Languages : en
Pages : 116

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The Social Europe guide is a bi-annual publication aimed at providing an interested but not necessarily specialised audience with a concise overview of specific areas of EU policy in the field of employment, social affairs and inclusion. It illustrates the key issues and challenges, explains policy actions and instruments at EU level and provides examples of best practices from EU Member States. It also presents views on the subject from the Council Presidency and the European Parliament. Volume 6 looks at the origin and purpose of labour market rules across the EU. It highlights the importance of ensuring good and healthy working conditions and a level playing field in the Single Market. It explains the respective roles the EU institutions and Member States play in shaping the legislation on employment and working conditions: in general, EU rules help to set minimum standards and requirements to underpin national laws, aiming to ensure the realization of the values set out in the EU's founding Treaties. The guide also explains how EU labour law has been influenced by international standards and the role the EU plays in promoting decent work across the world.

Author: Alain Supiot
Publisher: Oxford University Press
ISBN: 9780199243044
Category : Business & Economics
Languages : en
Pages : 268

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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:
Publisher:
ISBN: 9789284655366
Category :
Languages : en
Pages :

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Book Description
The European Union has a long-standing tradition of developing its social dimension through the regulation of labour and employment matters. Different instruments of labour and employment legislation have come into existence, including rules on health and safety, working time, equality, flexible work, working conditions, business restructuring and collective rights. However, labour law is still strongly rooted in Member States' systems and traditions. The legislative competences of the EU are significant, but also limited (areas that are excluded are: pay, freedom of association, right to strike). Due to legal (in terms of legislative competences) and policy restrictions, the outlook for EU labour and employment law shows some gaps and highly relevant issues remain unregulated, including minimum wages, collective bargaining and employment termination. Due to the lack of a uniform definition of worker in the existing framework, EU labour law suffers from inconsistency in its application and persons may fall outside the scope of protection. While the Court of Justice of the EU has attempted to intervene, it has not yet delivered a uniform approach for all existing EU directives, making a revision involving all relevant instruments highly recommended. The European Pillar of Social Rights, adopted in 2017, and the future outlook for labour markets give rise to new challenges for the regulation of work. Areas of improvement for labour and employment regulation concern the growing digitalization of the world of work and new ways of working. Issues are related to new forms of work, coverage of self-employed persons (all or certain types), working time flexibility and sovereignty, techno-stress, health and safety, human-in-command approaches and worker privacy in a digital and robotized work environment. Regulatory strategies will have to take into account the position of the European social partners. Their role in the formulation of working conditions and the law making process is enshrined in the Treaty. Their strategic involvement in policy making is part of the European social model.

Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162410
Category : Law
Languages : en
Pages : 452

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Book Description
The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Author: Alan C. Neal
Publisher: Kluwer Law International B.V.
ISBN: 9041123121
Category : Law
Languages : en
Pages : 193

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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: Zane Rasnaca
Publisher: Bloomsbury Publishing
ISBN: 1509944427
Category : Law
Languages : en
Pages : 591

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Book Description
This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Author: Silvana Sciarra
Publisher: Cambridge University Press
ISBN: 1139452444
Category : Law
Languages : en
Pages : 388

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Book Description
This book originates from the research project 'New discourses in labour law' held at the European University Institute. A detailed analysis of part-time work regulation is presented for seven European countries, in order to ascertain how internal domestic choices of the legislatures have merged into the 'Open method of co-ordination'. The impact of European employment policies is considered in parallel with the implementation of the Directive on part-time work, thus providing a complete overview of both soft and hard law mechanisms available to national policy-makers. In this 2004 work, the interaction between law and policy emerges as a dynamic and constantly changing process of exchange between national and supranational actors, through the use of concrete examples of lawmaking. Labour law is put forward as being central in the current evolution of European law, and this centrality is presented as a confirmation of innovation and continuity in regulatory techniques.