The Regulation of Working Conditions in the Member States of the European Union: The legal systems of the member states : a comparative perspective : national reports

The Regulation of Working Conditions in the Member States of the European Union: The legal systems of the member states : a comparative perspective : national reports PDF Author:
Publisher:
ISBN: 9789282833964
Category : Work environment
Languages : en
Pages : 246

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The Regulation of Working Conditions in the Member States of the European Community: The legal systems of the Member States, a comparative perspective, national reports

The Regulation of Working Conditions in the Member States of the European Community: The legal systems of the Member States, a comparative perspective, national reports PDF Author: Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs
Publisher:
ISBN: 9789282671658
Category : Labor laws and legislation
Languages : en
Pages : 234

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The Legal Systems of the Member States

The Legal Systems of the Member States PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The Sources of Labour Law

The Sources of Labour Law PDF 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.

The Regulation of Working Conditions in the Member States of the European Union

The Regulation of Working Conditions in the Member States of the European Union PDF Author:
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 140

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Posting of Workers in EU Law

Posting of Workers in EU Law PDF 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.

The Regulation of Working Conditions in the Member States of the European Community: Comparative labour law of the Member States

The Regulation of Working Conditions in the Member States of the European Community: Comparative labour law of the Member States PDF Author: Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs
Publisher:
ISBN: 9789282649961
Category : Industrial hygiene
Languages : en
Pages : 113

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The Regulation of Working Conditions in the Member States of the European Union: The legal systems of the member states; a comparative perspective : national reports

The Regulation of Working Conditions in the Member States of the European Union: The legal systems of the member states; a comparative perspective : national reports PDF Author:
Publisher:
ISBN:
Category : Employment
Languages : en
Pages : 260

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Working Time Around the World

Working Time Around the World PDF Author: Jon C. Messenger
Publisher: Routledge
ISBN: 113407039X
Category : Business & Economics
Languages : en
Pages : 239

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Book Description
First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

The Regulation of Working Conditions in the Member States of the European Community

The Regulation of Working Conditions in the Member States of the European Community PDF Author:
Publisher:
ISBN:
Category : Employment
Languages : en
Pages : 114

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Book Description