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Author: Marco Rocca
Publisher: Social Europe
ISBN: 9781780683072
Category : Law
Languages : en
Pages : 388
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Book Description
This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]
Author: Marco Rocca
Publisher: Social Europe
ISBN: 9781780683072
Category : Law
Languages : en
Pages : 388
Get Book Here
Book Description
This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: Nathan Cambien
Publisher: BRILL
ISBN: 9004433074
Category : Law
Languages : en
Pages : 562
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Book Description
European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1722
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Book Description
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: Susan Hayter
Publisher:
ISBN: 9789221316091
Category : Collective labor agreements
Languages : en
Pages : 0
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Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Author: Frank Hendrickx
Publisher: Kluwer Law International B.V.
ISBN: 9041199543
Category : Law
Languages : en
Pages : 283
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Book Description
The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.
Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
ISBN: 9403528648
Category : Law
Languages : en
Pages : 557
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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: Richard Bales
Publisher: Cambridge University Press
ISBN: 1108428835
Category : Law
Languages : en
Pages : 435
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Book Description
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
Author: Jens Arnholtz
Publisher: Routledge
ISBN: 0429632258
Category : Business & Economics
Languages : en
Pages : 219
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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.
