Author: Saskia Susanna Margaretha Peters
Publisher:
ISBN: 9789462366558
Category : Collective labor agreements
Languages : en
Pages : 0
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Book Description
This publication brings together the most important European and international regulation in the area of labour law. It includes regulations from, among others, the European Union, the Council of Europe and the International Labour Organisation. The selected regulations are decisive to some extent for the content of the EU member states' national labour law or contain rules on the conflict of laws and jurisdiction law (private international law). Because of the growing international influences on national individual and collective labour law, it is hardly possible to be acquainted with the labour law of the different European countries without some knowledge of European (labour) law. In addition, an increasing number of employees are working 'across the border', for example in the context of secondment (posting of workers), which raises questions about the law that applies to their employment contract. This law book is therefore useful not only for the lawyer who is primarily engaged in European labour law, but also for the lawyer who is engaged in 'national' labour law practice. This publication is also intended for university education and higher professional education. The selection is preceded by an introduction. This introduction provides a brief overview of the different sources of European labour law, outlines the main points of European Union law and briefly describes the eleven sections which comprise the volume. [Subject: European Law, Labor Law]
Author: Christina Hießl
Publisher: Linde Verlag GmbH
ISBN: 3709411386
Category : Law
Languages : en
Pages : 175
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Book Description
European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.
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: 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: Roger Blanpain
Publisher:
ISBN: 9789041151780
Category : Law
Languages : en
Pages : 1104
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Book Description
The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain's magisterial European Labour Law. This Fourteenth Edition remains the preeminent practice guide in its field, covering the full spectrum - legislation, collective agreements, and more than 400 cases - of both individual and collective labour law and practice from the fundamental freedoms to the significance of the Reform Treaty of Lisbon. Among the abundant new material in the Fourteenth Edition the reader will find incisive commentary and analysis of such issues and trends.
Author: Anne C. L. Davies
Publisher: Edward Elgar Publishing
ISBN: 178100515X
Category : Law
Languages : en
Pages : 304
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Book Description
'I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.' – Mark Freedland, Oxford University, UK 'EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.' – Stephen Weatherill, Somerville College, Oxford, UK EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labour and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.
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.
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: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 608
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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.
