Cross-border EU Employment and its Enforcement

Cross-border EU Employment and its Enforcement PDF Author: Yves Jorens
Publisher: Springer Nature
ISBN: 3031188543
Category : Law
Languages : en
Pages : 611

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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.

Cross-border EU Employment and its Enforcement

Cross-border EU Employment and its Enforcement PDF Author: Yves Jorens
Publisher: Springer Nature
ISBN: 3031188543
Category : Law
Languages : en
Pages : 611

Get Book Here

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.

The Development of Welfare States in Europe and America

The Development of Welfare States in Europe and America PDF Author: Peter Flora
Publisher: Transaction Publishers
ISBN: 9780878559206
Category : Political Science
Languages : en
Pages : 246

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Book Description
This volume seeks to contribute to an interdisciplinary, comparative, and historical study of Western welfare states. It attempts to link their historical dynamics and contemporary problems in an international perspective. Building on collaboration between European-and American-based research groups, the editors have coordinated contributions by economists, political scientists, sociologists, and historians. The developments they analyze cover a time span from the initiation of modern national social policies at the end of the nineteenth century to the present. The experiences of all the presently existing Western European systems except Spain and Portugal are systematically encompassed, with comparisons developed selectively with the experiences of the United States and Canada. The development of the social security systems, of public expenditures!and taxation, of public education and educational opportunities, and of income inequality are described, compared, and analyzed for varying groupings of the Western European and North American nations. This volume addresses itself mainly to two audiences. The first includes all students of policy problems of the welfare states who seek to gain a comparative perspective and historical understanding. A second group may be more interested in the theory and empirical analysis of long-term societal developments. In this context, the growth of the welfare states ranges as a major departure, along with the development of national states and capitalist economies. The welfare state is interpreted as a general phenomenon of modernization, as a product of the increasing differentiation and the growing size of societies on the one hand, and of processes of social and political mobilization on the other. It is an important element of the structural convergence of modern societies -- by its mere weight in all countries -- and at the same time a source of divergence by the variations within its institutional structure.

Law and the "Sharing Economy"

Law and the Author: Derek McKee
Publisher: University of Ottawa Press
ISBN: 0776627538
Category : Business & Economics
Languages : en
Pages : 559

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Book Description
Controversy shrouds sharing economy platforms. It stems partially from the platforms’ economic impact, which is felt most acutely in certain sectors: Uber drivers compete with taxi drivers; Airbnb hosts compete with hotels. Other consequences lie elsewhere: Uber is associated with a trend toward low-paying, precarious work, whereas Airbnb is accused of exacerbating real estate speculation and raising the cost of long-term rental housing. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes. Indeed, the platforms blur a number of familiar distinctions, including personal versus commercial activity; infrastructure versus content; contractual autonomy versus hierarchical control. These ambiguities can stymie legal regimes that rely on these distinctions as organizing principles, including those relating to labour, competition, tax, insurance, information, the prohibition of discrimination, as well as specialized sectoral regulation. This book is organized around five themes: technologies of regulation; regulating technology; the sites of regulation (local to global); regulating markets; and regulating labour. Together, the chapters offer a rich variety of insights on the regulation of the sharing economy, both in terms of the traditional areas of law they bring to bear, and the theoretical perspectives that inform their analysis. Published in English.

Rethinking Workplace Regulation

Rethinking Workplace Regulation PDF Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
ISBN: 1610448030
Category : Business & Economics
Languages : en
Pages : 438

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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.

Poverty in Europe

Poverty in Europe PDF Author: A. B. Atkinson
Publisher: Wiley-Blackwell
ISBN: 9780631209096
Category : Business & Economics
Languages : en
Pages : 200

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Book Description
The work draws upon recent research to examine the problem of poverty. In its exploration, Poverty in Europe challenges readers to reach an improved understanding of the problem and to seek improvement.

Parental Leave

Parental Leave PDF Author: Peter Moss
Publisher:
ISBN:
Category : Equality
Languages : en
Pages : 394

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Book Description


An International Comparison of Policies and Outcomes for Young Children

An International Comparison of Policies and Outcomes for Young Children PDF Author: Shelley Ann Phipps
Publisher:
ISBN:
Category : Child welfare
Languages : en
Pages : 156

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Book Description
The goal of this project is to explore possible linkages between social policy mix and outcomes for young children in Canada, the Netherlands, Norway, the United Kingdom and the United States. Since the analysis is quantitative in nature, the focus is primarily on the tax and transfer programmes available in the five countries that can more easily be studied using quantitative techniques. The research attempts to move us toward an improved understanding of possible links between the mix of programmes available for children in any country and outcomes for children in that country.

Oases and Globalization

Oases and Globalization PDF Author: Emilie Lavie
Publisher: Springer
ISBN: 3319507494
Category : Science
Languages : en
Pages : 260

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Book Description
This book is a reference work about the study of oases in the context of globalization. It is based on selected papers presented at the international colloquium entitled Oases in the Globalization, Ruptures and Continuities in Paris (December 16-17th, 2013). The main issue was to understand how oases have been excluded from or included into the process of globalization. In this context, the present book proposes firstly a discussion about the definition(s) of oasis and secondly several case studies analysing socio-spatial mutations in the oasis structure. The third part deals with the compelling globalization at different spatial scales, using two entries: the water management and local impacts of external control.

European Migration

European Migration PDF Author: Klaus F. Zimmermann
Publisher: OUP Oxford
ISBN: 9780191555237
Category : Business & Economics
Languages : en
Pages : 676

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Book Description
Developed countries, especially in Europe, face a number of issue related to migration: social and economic disruptions caused by the declining demand for unskilled labour and resulting unemployment, a shortage of skilled labour in many professions, increasing international competition for highly qualified human capital, radical demographic changes, and the forthcoming expansion of the European Union, which will trigger further immigration into major European countries and create new market opportunities in Central and Eastern Europe. This suggests a need for a deeper knowledge of the causes and consequences of increased labour mobility. This is especially important when it is associated with tension and fears among native populations. This book brings together analyses of migration issues in major European countries, and compares evidence with more countries that have traditionally seen the most immigration. First, it studies migration streams since World War II, and reviews major migration policy regimes. Second, it summarizes the empirical evidence measuring wages, unemployment, and occupational choices. Third, it investigates how migrants affects the labour markets of their host countries, and evaluates econometric studies into the wage and employment consequences of immigration. Surprisingly, there is wide evidence that immigration is largely beneficial for receiving countries. There might be phases of adjustment, but there is no convincing evidence that natives' wages are depressed or unemployment increases as a consequence of migrant inflow. However, there is a growing impression that migration does serve less and less the needs of the labour market. This suggests a stronger focus on economic channels of immigration, for which the book provides a conceptual basis and the required empirical facts and institutional background.

Class, Crisis and the State

Class, Crisis and the State PDF Author: Erik Olin Wright
Publisher: Verso Books
ISBN: 1784787868
Category : Political Science
Languages : en
Pages : 198

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Book Description
One of the major works of the new American Marxism, Wright's book draws a challenging new class map of the United States and other, comparable, advanced capitalist countries today. It also discusses the various classical theories of economic crisis in the West and their relevance to the current recession, and contrasts the way in which the major political problem of bureaucracy was confronted by two great antagonists - Weber and Lenin. A concluding essay brings together the practical lessons of these theoretical analyses, in an examination of the problems of left governments coming to power in capitalist states.