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Author: Elise Muir Publisher: Kluwer Law International B.V. ISBN: 9041140778 Category : Law Languages : en Pages : 460
Book Description
With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law. Thorough and incisive, this analysis of the constraints imposed by EU law on the exercise by domestic institutions of their competence in regulating labour markets is valuable not only to lawyers and academics in employment law, but also of great interest to jurists and policymakers in the wider field of European law as an accurate overview of the tensions between EU constraints and the tools used by national policy makers.
Author: Elise Muir Publisher: Kluwer Law International B.V. ISBN: 9041140778 Category : Law Languages : en Pages : 460
Book Description
With a focus on how directly the conditions of access to employment are modified by EU legislation and case law, this important book critically analyses the mandate by which the EU constrains domestic competences to regulate access to labour markets. The author identifies an ‘EU public-social order approach’ – a set of norms imposed by EU institutions on domestic authorities in the performance of a task with social implications. In the area of access to labour markets, this approach is characterized by the following measures and objectives: prohibition of certain forms of discrimination in access to employment, which enhances the protection of individuals; facilitation of the cross-border allocation of workforce among Member States, which requires domestic decision-makers to give equal chances to all EU citizens; and promotion of the economic competitiveness of domestic labour markets, which affects the rights of third country nationals. The presentation assesses the effectiveness of this public-social order approach – in particular as revealed in ECJ case law – as a tool to increase economic efficiency, advance distributive justice, and ensure protection of dignity. By way of detailed example, the author examines reforms of employment contract law and economic migration law in France, and for purposes of comparison illustrates parallel movements in defining the principle of equality as manifested in U.S. law. Thorough and incisive, this analysis of the constraints imposed by EU law on the exercise by domestic institutions of their competence in regulating labour markets is valuable not only to lawyers and academics in employment law, but also of great interest to jurists and policymakers in the wider field of European law as an accurate overview of the tensions between EU constraints and the tools used by national policy makers.
Author: Conny Rijken Publisher: ISBN: 9789048539253 Category : BUSINESS & ECONOMICS Languages : en Pages : 282
Book Description
This anthology analyzes low-wage migrant workers in Europe from many perspectives, including migration policies, human rights, economics, and more. Free movement of workers and services in the EU calls into question the extent to which the labor market and its institutions are able to counteract negative consequences, such as downward wage pressures and abuse of workers. These essays flesh out the imbalances that unfairly disadvantage low-wage workers, shed light on their causes, and discuss possible solutions.
Author: Ines Wagner Publisher: Cornell University Press ISBN: 1501729160 Category : Political Science Languages : en Pages : 112
Book Description
How the European Union handles posted workers is a growing issue for a region with borders that really are just lines on a map. A 2008 story, dissected in Ines Wagner’s Workers without Borders, about the troubling working conditions of migrant meat and construction workers, exposed a distressing dichotomy: how could a country with such strong employers’ associations and trade unions allow for the establishment and maintenance of such a precarious labor market segment? Wagner introduces an overlooked piece of the puzzle: re-regulatory politics at the workplace level. She interrogates the position of the posted worker in contemporary European labour markets and the implications of and regulations for this position in industrial relations, social policy and justice in Europe. Workers without Borders concentrates on how local actors implement European rules and opportunities to analyze the balance of power induced by the EU around policy issues. Wagner examines the particularities of posted worker dynamics at the workplace level, in German meatpacking facilities and on construction sites, to reveal the problems and promises of European Union governance as regulating social justice. Using a bottom-up approach through in-depth interviews with posted migrant workers and administrators involved in the posting process, Workers without Borders shows that strong labor-market regulation via independent collective bargaining institutions at the workplace level is crucial to effective labor rights in marginal workplaces. Wagner identifies structures of access and denial to labor rights for temporary intra-EU migrant workers and the problems contained within this system for the EU more broadly.
Author: Jens Arnholtz Publisher: Routledge ISBN: 9780367142711 Category : Employee rights Languages : en Pages : 0
Book Description
This book explores how posting is changing industrial relations systems in several European countries from a variety of disciplinary perspectives. It looks at how opportunities to set up shell-companies and engage in unregulated transnational recruitment made a Europe-wide industry out of avoiding regulation and cheating workers.
Author: Bjarney Friðriksdóttir Publisher: Immigration and Asylum Law and ISBN: 9789004345232 Category : Law Languages : en Pages : 446
Book Description
In What Happened to Equality? The Construction of the Right to Equal Treatment of Third-Country Nationals in European Union Law on Labour Migration, Frioriksdottir examines five European Union Directives on labour migration that were adopted based on a sectoral approach to labour migration management. An account of the negotiations between the Commission, the Council and the Parliament on the five Directives reveals how access to territory and the labour market, the right to equal treatment and the right to family reunification were constructed for the different groups of labour migrants and how differentiation between groups of migrants, and discrimination against migrants compared with nationals which contravenes international and European human rights frameworks and international labour law, is institutionalized.
Author: Jeff Kenner Publisher: Edward Elgar Publishing ISBN: 1788973267 Category : Law Languages : en Pages : 281
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: Richard Black Publisher: Amsterdam University Press ISBN: 9089641564 Category : Political Science Languages : en Pages : 342
Book Description
Dit boek beschrijft de toename van migratie uit Oost-europese landen in de periode van 2004-2007, na toetreding tot de EU. Het bevat nieuwe empirische 'casestudies' van migratiepatronen, zowel gebaseerd op veldwerk als op de analyse van bestaande statistieken.
Author: Kevin B. Kerr Publisher: ISBN: Category : Canada Languages : en Pages : 0
Book Description
Labour, the most widely used and valued input in Canadian production, is exchanged in a market best described as being in a constant state of flux. Recent estimates suggest that approximately 2.5 million workers secure employment each year while a somewhat larger number become unemployed or leave the labour market. This document looks at labour market developments and examines the following points: labour supply growth and composition; labour demand; unemployment; quarterly review; and parliamentary action.
Author: Joëlle Moret Publisher: SFM ISBN: 2940379009 Category : Forced migration Languages : en Pages : 79
Book Description
Somalis have been leaving their country for the last fifteen years, fleeing civil war, difficult economic conditions, drought and famine, and now constitute one of the largest diasporas in the world. Organized in the framework of collaboration between UNHCR and different countries, this research focuses on the secondary movements of Somali refugees. It was carried out as a multi-sited project in the following countries: Djibouti, Egypt, Ethiopia, Kenya, the Netherlands, South Africa, Switzerland and Yemen. The report provides a detailed insight into the movements of Somali refugees that is, their trajectories, the different stages in their migra-tion history and their underlying motivations. It also gives a compara-tive overview of different protection regimes and practices.
Author: Elise Muir
Author: Elise Muir
Author: Conny Rijken
Author: Ines Wagner
Author: Jens Arnholtz
Author: Bjarney Friðriksdóttir
Author: Jeff Kenner
Author: Richard Black
Author: 
Author: Kevin B. Kerr
Author: Joëlle Moret