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Author: Publisher: ISBN: 9789284655366 Category : Languages : en Pages :
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: Publisher: ISBN: 9789284655366 Category : Languages : en Pages :
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: Katherine V.W. Stone Publisher: Russell Sage Foundation ISBN: 1610448030 Category : Business & Economics Languages : en Pages : 438
Book Description
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Author: Matthias Strohmayer Publisher: GRIN Verlag ISBN: 3668293767 Category : Law Languages : en Pages : 66
Book Description
Master's Thesis from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 10, , language: English, abstract: This thesis guides the reader through the most important aspects of current European labour law in relation to posted workers. It starts with basic definitions and provides answers to questions of jurisdiction and applicable law. The thesis then explains in detail the framework of the provisions guaranteeing a minimum level of safeguards and other rights to workers (Directive 96/71/EC) as well as the framework of the provisions applicable with regard to social security benefits and contributions (Regulation 883/2004). It explains the true impact of judgment Sähköalojen ammattiliitto ry on the applicable minimum wage and shows possible legal advantages of using posted workers over the domestic workforce. It furthermore explains how the practically important Internal Market Information System works and shows common ways of abuse and circumvention of current legislation. It divides these ways of abuse into the categories “Undesirable Legal Posting”, ”Questionable Practices”, “Fraud and Fake Postings”, “Letterbox companies” and “Bogus self-employment”, discussing three cases. The most recent development in the area of posted workers is Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (Enforcement Directive). The thesis explains the shortcomings of Directive 96/71/EC. It lists the novelties that the Enforcement Directive introduces and discusses their possible transposition into national law, their merits and insufficiencies. The thesis then takes a detailed look at one of these novelties, the new subcontracting liability in the construction sector. Finally, the thesis provides numbers of posted workers within the EU and specific countries, which enables the reader to put the economic impact of posted workers in perspective.
Author: Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs Publisher: ISBN: Category : Labor laws and legislation Languages : en Pages : 154
Author: Kerstin Ahlberg Publisher: Peter Lang ISBN: 9789052014173 Category : Business & Economics Languages : en Pages : 388
Book Description
This book illuminates the process and substance of transnational regulation of labour in a global economy. Transnational labour regulation, a central feature of the European social model, engages the 27 Member States of the European Union, and is of potential importance to the rest of the world. The book analyses the attempts at transnational regulation of temporary agency work through the social dialogue between trade unions and employers' organisations at European level and the subsequent - and so far fruitless - EU legislative process. These two processes of transnational labour regulation, and their interaction, until now have been largely invisible. The book also highlights distinctive features of Member States' national regulation as they interacted with the debates on EU transnational labour regulation. It further explores the overlap between regulation of temporary agency work and the EU's regulation of transnational trade in services, the subject of the Directive on services in the internal market. Finally, it draws lessons from the experience of regulation of temporary agency work at national and European levels for transnational labour regulation in general.
Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 9041162410 Category : Law Languages : en Pages : 452
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: Monika Schlachter Publisher: ISBN: 9789041149787 Category : Law Languages : en Pages : 648
Book Description
Lawyers who apply EU labour law will find here a matchless aid to practice e an article-by-article commentary on each specific piece of EU legislation relevant to arguing labour law cases. In an utterly practical and straightforward format, the book presents all information necessary to quickly find the best and most complete answer to any question in EU labour law, no matter how arcane or controversial."
Author: Tamás Gyulavári Publisher: Kluwer Law International B.V. ISBN: 9403502045 Category : Law Languages : en Pages : 608
Book Description
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
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Author: Katherine V.W. Stone
Author: Matthias Strohmayer
Author: Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs
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Author: Kerstin Ahlberg
Author: Roger Blanpain
Author: Monika Schlachter
Author: Tamás Gyulavári