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Author: Wilfried Beirnaert
Publisher: Kluwer Law International B.V.
ISBN: 9041122524
Category : Law
Languages : en
Pages : 382
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Book Description
A generation ago, temporary work was practically outlawed. During the 1950s, the International Labour Organisation (ILO) clearly stated (in request to a question from the Swedish government) that temporary agency work was prohibited by ILO Convention 96 regarding fee-charging placement. Trade unions, of course, were in complete agreement, both because temporary work arrangements undermined the situation of permanent workers and deprived the temporary workers themselves of equal treatment guarantees. Yet persistent employers, always ready to find ways around this prohibition, have gone from strength to strength until today the role of private employment services is offered up to the public as that of an active link between employer and employee and an equal benefit to both. It is even defended as a force that effects the social integration of long-term unemployed, even of non-qualified or less-qualified workers. It is indeed along these lines that the proposed European directive on the working conditions of temporary workers justifies its requirement of Member States to discontinue any restrictions or prohibitions on temporary work for certain groups of workers, sectors or areas of economic activity. But how justifiable is this idea of the generalized leasing of employees? How acceptable is it under both labour law and social justice considerations? Although these important questions have been asked repeatedly for many years, no answers acceptable to all parties have yet been found. Accordingly, in April 2003 a group of outstanding authorities- practitioners, ILO officials, academics, policymakers, jurists, and labour experts-met in Brussels to reconsider these issues in light of the ongoing discussion on the proposed directive and the major labour market developments which have taken place in many countries over the last few years. Among the considerations raised there (and recorded in this book) are the following:the potential role of private employment agencies as fully integrated manpower providers;the wages and working conditions of workers who are put at the disposal of users;guarantees of equal treatment and other social protection provisions for temporary workers;the possible development of a dual-employer scheme of agency and user; and, continuing work 'diversification' and its acceptability to the various actors and interests involved. These papers, reports and panels merit great attention because the matters they discuss will determine the way our labour markets-at national, European and international level-will function for years to come. No practitioner, policymaker, or academic in the field of employment and labour relations can afford to ignore this very significant book. This volume contains reports given at the International Conference on Temporary Agency Work and the Information Society, held on 28-29 April 2003 at the Royal Flemish Academy, Brussels, and sponsored jointly by the Academy, the Euro-Japan Institute for Law and Business, and the Society for International and Social Cooperation.
Author: Wilfried Beirnaert
Publisher: Kluwer Law International B.V.
ISBN: 9041122524
Category : Law
Languages : en
Pages : 382
Get Book Here
Book Description
A generation ago, temporary work was practically outlawed. During the 1950s, the International Labour Organisation (ILO) clearly stated (in request to a question from the Swedish government) that temporary agency work was prohibited by ILO Convention 96 regarding fee-charging placement. Trade unions, of course, were in complete agreement, both because temporary work arrangements undermined the situation of permanent workers and deprived the temporary workers themselves of equal treatment guarantees. Yet persistent employers, always ready to find ways around this prohibition, have gone from strength to strength until today the role of private employment services is offered up to the public as that of an active link between employer and employee and an equal benefit to both. It is even defended as a force that effects the social integration of long-term unemployed, even of non-qualified or less-qualified workers. It is indeed along these lines that the proposed European directive on the working conditions of temporary workers justifies its requirement of Member States to discontinue any restrictions or prohibitions on temporary work for certain groups of workers, sectors or areas of economic activity. But how justifiable is this idea of the generalized leasing of employees? How acceptable is it under both labour law and social justice considerations? Although these important questions have been asked repeatedly for many years, no answers acceptable to all parties have yet been found. Accordingly, in April 2003 a group of outstanding authorities- practitioners, ILO officials, academics, policymakers, jurists, and labour experts-met in Brussels to reconsider these issues in light of the ongoing discussion on the proposed directive and the major labour market developments which have taken place in many countries over the last few years. Among the considerations raised there (and recorded in this book) are the following:the potential role of private employment agencies as fully integrated manpower providers;the wages and working conditions of workers who are put at the disposal of users;guarantees of equal treatment and other social protection provisions for temporary workers;the possible development of a dual-employer scheme of agency and user; and, continuing work 'diversification' and its acceptability to the various actors and interests involved. These papers, reports and panels merit great attention because the matters they discuss will determine the way our labour markets-at national, European and international level-will function for years to come. No practitioner, policymaker, or academic in the field of employment and labour relations can afford to ignore this very significant book. This volume contains reports given at the International Conference on Temporary Agency Work and the Information Society, held on 28-29 April 2003 at the Royal Flemish Academy, Brussels, and sponsored jointly by the Academy, the Euro-Japan Institute for Law and Business, and the Society for International and Social Cooperation.
Author: Huiyan Fu
Publisher: Routledge
ISBN: 1317046277
Category : Business & Economics
Languages : en
Pages : 259
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Book Description
Despite its geographic and industry expansion as part of the ongoing globalisation of service activity, temporary agency work (TAW) is relatively understudied. TAW is characterised by a distinct triangular structure where workers are typically hired by staffing or employment agencies while being ’dispatched’ to firms that use them as a type of temporary or non-regular labour. This agency-mediated labour dispatching, as a newly institutionalised industry, has registered rapid growth rates over recent decades across vast swathes of the globe. To a great degree, TAW is part of a wider structural transformation of work and employment under neoliberalism. Arguably, controversy over the expanding non-regular workforce is at its most acute when it comes to unsavoury labour-selling practices. In this connection, TAW is an exemplary field in which to examine today’s ’flexible’ capitalism and its concomitant phenomenon, i.e. ’inequality’. Featuring holistic and interdisciplinary perspectives, this edited collection provides a comprehensive overview of TAW, in an international context. It reveals how the TAW industry is intertwined with the changing relationship between the state, corporations and labour unions at the institutional-structural level, and also the perceptions and experiences of ordinary workers in everyday practice. By combining global and local forces, macro and micro levels of analysis, and theoretical and empirical investigations, the book offers fresh insights into recurring issues of labour flexibility and inequality, contributes to practical applications and facilitates fruitful cross-national collaborations.
Author: Bas A.S. Koene
Publisher: Routledge
ISBN: 1317808762
Category : Business & Economics
Languages : en
Pages : 218
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Book Description
Over the past two decades the use of flexible employment relations has increased in most developed countries. The growth of temporary agency work constitutes a significant component of this development. Organizations are now facing the challenges of managing a ‘blended workforce’, i.e. a workforce consisting of both direct hires and contractors. At a time when Europe, as well as the rest of the world, is facing enhanced global competition and a severe labor market crisis, an understanding of temporary employment practices becomes all the more acute. With the evolution of the use of agency work in the Western world over the past decade, the chapters in this volume show how a focus on the management and organization of temporary agency work can be helpful to see possibilities and pitfalls for the use of temporary employment in the wake of changed employment practices and challenges to labor market stability and welfare structures. Together, the new case studies presented in this volume provide a wide scope of analysis of the organization and management of temporary agency work, offering a much-needed contribution to the discussion of issues and priorities that guide and shape organizational practices today. Its particular uniqueness lies in the empirical richness and variety of local case studies and the way in which these are related to wider policy aims, ideological shifts, and the dynamics of organizational practice, with a particular focus on the organization and management of ‘blended workforces’.
Author: Dr Fred C. A. van Haasteren
Publisher: Kluwer Law International B.V.
ISBN: 9041192719
Category : Law
Languages : en
Pages : 435
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Book Description
Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations. For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported. This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation? In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation. The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge. Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.
Author: Erin Hatton
Publisher: Temple University Press
ISBN: 1439900825
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
groundwork for a new corporate ethos of ruthless cost cutting and mass layoffs. --
Author: Bernd Waas
Publisher: Bloomsbury Publishing
ISBN: 1509912460
Category : Law
Languages : en
Pages : 1113
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Book Description
This book is part of a series which sets out a restatement of labour law in Europe. Its second volume looks at atypical employment relationships in Europe. Opening with a restatement, the book provides comparative commentary on the question of how fixed-term employment relationships, part-time employment relationships and temporary agency work is regulated by law in the individual states, which case law of the courts must be observed in this respect and which possibilities exist for shaping such relationships on the basis of collective bargaining agreements. The book goes on to systematically explore the national regulatory framework of: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom. In this area, which is largely shaped by EU law in many countries, the commonalities and differences with regard to the relevant regulatory issues are examined. This important new project provides the definitive survey of labour law in Europe today.
Author: Zoe Adams
Publisher: Bloomsbury Publishing
ISBN: 1509943560
Category : Law
Languages : en
Pages : 1321
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Book Description
Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject. This title is included in Bloomsbury Professional's Employment Law online service.
Author: Catherine Barnard
Publisher: OUP Oxford
ISBN: 0191639281
Category : Law
Languages : en
Pages : 1088
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Book Description
This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg. The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?
Author: Elena Sychenko
Publisher: Kluwer Law International B.V.
ISBN: 9403540664
Category : Law
Languages : en
Pages : 224
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Book Description
In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017–2021, many of which have not heretofore been considered in the legal literature. The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR: privacy and surveillance; freedom of thought, conscience and religion; freedom of expression; discrimination; unfair dismissal; forced labour; collective bargaining; and the right to strike. The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence. As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.
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.
