Author: Bernd Waas
Publisher: Kluwer Law International B.V.
ISBN: 9403523743
Category : Law
Languages : en
Pages : 480
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Book Description
Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Author: Jochen Tholen
Publisher: Routledge
ISBN: 1351154427
Category : Business & Economics
Languages : en
Pages : 211
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Book Description
Since 1990, foreign direct investment (FDI) has quickened economic modernization in Central Europe. State of the art management techniques and cutting edge technology have been introduced in many cases. Labour Relations is an essential factor in the organization of labour and production. At the start of the process industrial relations were characterized by the conditions existing under the previous planned economies or - as with "greenfield" investments - had to be entirely reconfigured. In the case of investments by West European companies, this book reveals various emerging models of industrial relations but also a clear tendency towards company centralization. For the time being the European Works Council still plays a subordinate role despite its potential fundamental role as mediator between East and West. Empirically nine corporations from the metal/automotive industry, the chemical, energy and food processing industries (with their subsidiaries in Poland, Czech Republic and Slovakia) are considered.
Author: Jim Arrowsmith
Publisher: Routledge
ISBN: 1135010056
Category : Business & Economics
Languages : en
Pages : 248
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Book Description
Since the 1980s, the process of European economic integration, within a wider context of globalization, has accelerated employment change and placed a new premium on ‘flexible’ forms of work organization. The institutions of employment relations, specifically those concerning collective bargaining between employers and trade unions, have had to adapt accordingly. The Transformation of Employment Relations focuses not just on recent change, but charts the strategic choices that have influenced employment relations and examines these key developments in a comparative perspective. A historical and cross-national analysis of the most important and controversial ‘issues’ explores the motivation of the actors, the implementation of change, and its evolution in a diverse European context. The book highlights the policies and the role played by different institutional and social actors (employers, management, trade unions, professional associations and governments) and assesses the extent to which these policies and roles have had significant effects on outcomes. This comparative analysis of the transformation of work and employment regulation, within the context of a quarter-century timeframe, has not been undertaken in any other book. But this is no comparative handbook in which changes are largely described on a country-by-country basis, but instead, The Transformation of Employment Relations is rather focused thematically. As Europe copes with a serious economic crisis, understanding of the dynamics of work transformation has never been more important.
Author: Stephen Bach
Publisher: Routledge
ISBN: 1317529928
Category : Business & Economics
Languages : en
Pages : 332
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Book Description
Has there been a transformation of public service employment relations in Europe since the crisis? Public Service Management and Employment Relations in Europe examines public service employment relations after the economic crisis, including analysis of more than thirty years of public service and workforce reform, and addresses the interplay between an emerging post-crisis public service sector and the consequences for the state, employers and trade unions in core public services. Written by leading national experts, this book places the economic crisis in a longer timeframe and examines how far trends in public sector employment relations were reinforced or reversed by the crisis. It provides an up-to-date analysis of the restructuring of public service employment relations in 12 major European countries, including analysis of little studied central and Eastern European countries. This book will be vital reading for researchers, academics and PhD Students in the fields of Public Management, Public Administration, Employment Relations, and Human Resource Management.
Author: Joris Van Ruysseveldt
Publisher: SAGE Publications Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 440
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Book Description
This up-to-date introduction to the changing nature and context of industrial relations in contemporary Europe shows how different national systems of industrial relations offer varying models of relations between employers and workers.
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: Leda Papastefanaki
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110617811
Category : History
Languages : en
Pages : 419
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Book Description
This collective volume aims at studying a variety of labour history themes in Southern Europe, and investigating the transformations of labour and labour relations that these areas underwent in the 19th and the 20th centuries. The subjects studied include industrial labour relations in Southern Europe; labour on the sea and in the shipyards of the Mediterranean; small enterprises and small land ownership in relation to labour; formal and informal labour; the tendency towards independent work and the role of culture; forms of labour management (from paternalistic policies to the provision of welfare capitalism); the importance of the institutional framework and the wider political context; and women’s labour and gender relations.
Author: Marsha Siefert
Publisher: Central European University Press
ISBN: 9633863384
Category : Political Science
Languages : en
Pages : 484
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Book Description
Labor regimes under communism in East-Central Europe were complex, shifting, and ambiguous. This collection of sixteen essays offers new conceptual and empirical ways to understand their history from the end of World War II to 1989, and to think about how their experiences relate to debates about labor history, both European and global. The authors reconsider the history of state socialism by re-examining the policies and problems of communist regimes and recovering the voices of the workers who built them. The contributors look at work and workers in Albania, Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, Romania, and Yugoslavia. They explore the often contentious relationship between politics and labor policy, dealing with diverse topics including workers’ safety and risks; labor rights and protests; working women’s politics and professions; migrant workers and social welfare; attempts to control workers’ behavior and stem unemployment; and cases of incomplete, compromised, or even abandoned processes of proletarianization. Workers are presented as active agents in resisting and supporting changes in labor policies, in choosing allegiances, and in defining the very nature of work.
Author: Gian Antonio Benacchio
Publisher: Central European University Press
ISBN: 9637326367
Category : Law
Languages : en
Pages : 331
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Book Description
The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.
Author: Colin Crouch
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 352
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Book Description
This is an edited collection of papers discussing what has happened to employers' and other business associations and trade unions in Western Europe during what are generally regarded as having been years of neo-liberalism and a decline of neo-corporatism.
