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Author: Patrick Flood
Publisher:
ISBN:
Category : EU
Languages : en
Pages : 284
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Book Description
Author: Patrick Flood
Publisher:
ISBN:
Category : EU
Languages : en
Pages : 284
Get Book Here
Book Description
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: Frans Pennings
Publisher: Kluwer Law International B.V.
ISBN: 9041132899
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
Author: Filip Dorssemont
Publisher: A&C Black
ISBN: 1782252118
Category : Law
Languages : en
Pages : 769
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Book Description
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Author: Jim Arrowsmith
Publisher: Routledge
ISBN: 1135010048
Category : Business & Economics
Languages : en
Pages : 280
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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: 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: Jens Arnholtz
Publisher: Routledge
ISBN: 9780367142711
Category : Employee rights
Languages : en
Pages : 0
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Book Description
This book explores how posting is changing industrial relations systems in several European countries from a variety of disciplinary perspectives. It looks at how opportunities to set up shell-companies and engage in unregulated transnational recruitment made a Europe-wide industry out of avoiding regulation and cheating workers.
Author: Paul Teague
Publisher: Routledge
ISBN: 1134698283
Category : Business & Economics
Languages : en
Pages : 390
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Book Description
Paul Teague explores the macro-economic, productive and institutional pressures faced by Europe's social model and assesses a number of economic and political programmes aimed at resolving the crisis. It also considers the role of the European Union building a social dimension to the European economy. The findings suggest that the future of traditional institutions of Social Europe is under threat. However, they also stress that we are not on the threshold of the 'Americanisation' of European life. This study finds that the influential political forces that reject the dismantling of Europe's social model should not be preoccupied with defending inherited institutions. Instead this book argues that they should encourage the construction of new forms of social solidarity compatible with the complexities of modern economic life.
Author: Filip Dorssemont
Publisher: Bloomsbury Publishing
ISBN: 1509922660
Category : Law
Languages : en
Pages : 707
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Book Description
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Author: Jens Arnholtz
Publisher: Routledge
ISBN: 0429632258
Category : Business & Economics
Languages : en
Pages : 233
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Book Description
Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.
