Download or read book European Labour Law Legislation written by Saskia Susanna Margaretha Peters and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication brings together the most important European and international regulation in the area of labour law. It includes regulations from, among others, the European Union, the Council of Europe and the International Labour Organisation. The selected regulations are decisive to some extent for the content of the EU member states' national labour law or contain rules on the conflict of laws and jurisdiction law (private international law). Because of the growing international influences on national individual and collective labour law, it is hardly possible to be acquainted with the labour law of the different European countries without some knowledge of European (labour) law. In addition, an increasing number of employees are working 'across the border', for example in the context of secondment (posting of workers), which raises questions about the law that applies to their employment contract. This law book is therefore useful not only for the lawyer who is primarily engaged in European labour law, but also for the lawyer who is engaged in 'national' labour law practice. This publication is also intended for university education and higher professional education. The selection is preceded by an introduction. This introduction provides a brief overview of the different sources of European labour law, outlines the main points of European Union law and briefly describes the eleven sections which comprise the volume. [Subject: European Law, Labor Law]
Download or read book Basics on European Social Law written by Christina Hießl and published by Linde Verlag GmbH. This book was released on 2021-01-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.
Download or read book Research Handbook on EU Labour Law written by Alan Bogg and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Effective Enforcement of EU Labour Law written by Zane Rasnaca and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Download or read book European Labour Law written by Roger Blanpain and published by . This book was released on 2014 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain's magisterial European Labour Law. This Fourteenth Edition remains the preeminent practice guide in its field, covering the full spectrum - legislation, collective agreements, and more than 400 cases - of both individual and collective labour law and practice from the fundamental freedoms to the significance of the Reform Treaty of Lisbon. Among the abundant new material in the Fourteenth Edition the reader will find incisive commentary and analysis of such issues and trends.
Download or read book EU Labour Law written by Anne C. L. Davies and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.' – Mark Freedland, Oxford University, UK 'EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.' – Stephen Weatherill, Somerville College, Oxford, UK EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labour and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.
Download or read book Employment Policy and the Regulation of Part time Work in the European Union written by Silvana Sciarra and published by Cambridge University Press. This book was released on 2004-07-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Changing Face of European Labour Law and Social Policy written by Alan C. Neal and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.
Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Labour Law written by Brian Bercusson and published by Cambridge University Press. This book was released on 2009-07-09 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.
Download or read book European Labour Law and Social Policy Cases and Materials Volume 1 Social Dialogue Industrial Relations and Labour Law written by A.C. Neal and published by Kluwer Law International B.V.. This book was released on 2002-08-01 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most comprehensive collection of primary source materials in the labour law and social policy of the European Community ever brought together. With documents and decisions reflecting the state of play at 1st June 2002, it includes: key legislative instruments in EC labour law and social policy; significant associated policy documents produced by the Commission; and important relevant decisions of the European Court of Justice. Since the first edition of this work in 1999, the pace of social policy change and innovation at the level of the European Community has increased dramatically. Indeed, developments during the past three years are little short of remarkable, with particularly important advances in relation to the promotion of information, consultation and participation for workers, along with growing concern for several much broader social policy issues. Recognition of the changes in emphasis and scale for European social policy, and the presence of substantially more material to be included, have caused this edition of the work to be divided into two volumes. Volume I covers social dialogue, industrial relations and labour law, while Volume II is concerned with a wide range of material touching "dignity at work" in the European Community. The arrangement of the material in two self-contained volumes also reflects a division of convenience. Thus, those whose main focus is upon the "labour law" aspects of European social policy may choose to utilise primarily the material contained in the first volume, while those who wish to concentrate more particularly upon fundamental social rights, equal opportunities, anti-discrimination, and dignity at work might wish to take advantage of the framework presented in the second volume. Advocates, judges, policy-makers, scholars and students will all appreciate this essential sourcebook in EC labour law and social policy.
Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Download or read book Social Responsibility in Labour Relations written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayands EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerands protection and, more generally, to traditional concepts of labour law.
Download or read book European Employment Laws written by Stephen Hardy and published by Spiramus Press Ltd. This book was released on 2016-04-11 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reviews the evolution of labour law within the EU, analyses the distinct regional approaches to employment and welfare, and looks at the pressures for change within a further enlarged EU. The authors then provide a basic outline of employment law in each of the 28 member states, and in Turkey, Montenegro and Bosnia Herzegovina (all of whom are preparing for membership). In the six years since the second edition of this book was published in 2010 the economic consequences of the global financial crisis of 2008 onwards have forced many EU member states to revisit their labour laws, and attempt to make their labour markets more competitive while remaining in the EU framework. These changes have been incorporated into the third edition. The book identifies those areas where the law is unified by the enactment of European Directives, and regional differences which are potential pitfalls for employers with workers in more than one EU state. It is intended for HR persons, lawyers looking for basic knowledge, policymakers & lawmakers elsewhere in EU, and EU bodies.
Download or read book EU Employment Law written by Catherine Barnard and published by OUP Oxford. This book was released on 2012-08-09 with total page 1145 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book European Labour Law and Social Policy Cases and Materials written by Alan Neal and published by Kluwer Law International B.V.. This book was released on 1999-09-22 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice.
