Download or read book Collective Bargaining for Self Employed Workers in Europe written by Bernd Waas and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Download or read book Negotiating Our Way Up Collective Bargaining in a Changing World of Work written by OECD and published by OECD Publishing. This book was released on 2019-11-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective bargaining and workers’ voice are often discussed in the past rather than in the future tense, but can they play a role in the context of a rapidly changing world of work? This report provides a comprehensive assessment of the functioning of collective bargaining systems and workers’ voice arrangements across OECD countries, and new insights on their effect on labour market performance today.
Download or read book Low wage Employment in Europe written by Wiemer Salverda and published by ACCO. This book was released on 2005 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wage bargaining under the new European Economic Governance written by Guy Van Gyes and published by ETUI. This book was released on 2015-09-28 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the framework of the new European economic governance, neoliberal views on wages have further increased in prominence and have steered various reforms of collective bargaining rules and practices. As the crisis in Europe came to be largely interpreted as a crisis of competitiveness, wages were seen as the core adjustment variable for ‘internal devaluation’, the claim being that competitiveness could be restored through a reduction of labour costs. This book proposes an alternative view according to which wage developments need to be strengthened through a Europe-wide coordinated reconstruction of collective bargaining as a precondition for more sustainable and more inclusive growth in Europe. It contains major research findings from the CAWIE2 – Collectively Agreed Wages in Europe – project, conducted in 2014–2015 for the purpose of discussing and debating the currently dominant policy perspectives on collectively-bargained wage systems under the new European economic governance.
Download or read book EU Collective Labour Law written by ter Haar, Beryl and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
Download or read book The Transformation of Employment Relations in Europe written by Jim Arrowsmith and published by Routledge. This book was released on 2013-09-11 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Collective Bargaining and Employment in Europe written by Armand Spineux and published by Presses univ. de Louvain. This book was released on 2002 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does collective bargaining play a role in employment in the European Union today? The European Employment Strategy implemented in the European Union since 1997 invites social partners in all member states to participate in the promotion of employment at all levels. Is this the role of trade unions and employers organisations? Do social partners in the member states negotiate employment? Do they contribute to an objective of full employment? Do they want to improve 'employability'? Do they, finally, negotiate and reach agreements on such issues? Building on a in-depth study conducted by a European-scale network of experts for the DG Employment and Social Affairs of the European Commission, this report addresses these crucial issues. It analyses processes of collective bargaining and agreements on employment in the fifteen member states in 2000 and 2001. It includes national insights as well as comparative analyses of current trends. Researchers at the Institut des Sciences du Travail, a Department of the Catholic University of Louvain, here produce a fourth review of recent developments observed in the field of employment bargaining in Europe. This analysis, which has been conducted at the request of DG Employment and Social Affairs, focuses on agreements negotiated in the field of employment, and on the identification of the coordination mechanisms that structure these negotiations. The study contains 15 national contributions.
Download or read book Collective Bargaining in the Private Sector written by Paul F. Clark and published by Cornell University Press. This book was released on 2002 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private-sector collective bargaining in the United States is under siege. Many factors have contributed to this situation, including the development of global markets, a continuing antipathy toward unions by managers, and the declining effectiveness of strikes. This volume examines collective bargaining in eight major industries--airlines, automobile manufacturing, health care, hotels and casinos, newspaper publishing, professional sports, telecommunications, and trucking--to gain insight into the challenges the parties face and how they have responded to those challenges.The authors suggest that collective bargaining is evolving differently across the industries studied. While the forces constraining bargaining have not abated, changes in the global environment, including new security considerations, may create opportunities for unions. Across the industries, one thing is clear--private-sector collective bargaining is rapidly changing.
Download or read book The Economic and Financial Crisis and Collective Labour Law in Europe written by Niklas Bruun and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Download or read book Workers without Borders written by Ines Wagner and published by Cornell University Press. This book was released on 2018-11-15 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the European Union handles posted workers is a growing issue for a region with borders that really are just lines on a map. A 2008 story, dissected in Ines Wagner’s Workers without Borders, about the troubling working conditions of migrant meat and construction workers, exposed a distressing dichotomy: how could a country with such strong employers’ associations and trade unions allow for the establishment and maintenance of such a precarious labor market segment? Wagner introduces an overlooked piece of the puzzle: re-regulatory politics at the workplace level. She interrogates the position of the posted worker in contemporary European labour markets and the implications of and regulations for this position in industrial relations, social policy and justice in Europe. Workers without Borders concentrates on how local actors implement European rules and opportunities to analyze the balance of power induced by the EU around policy issues. Wagner examines the particularities of posted worker dynamics at the workplace level, in German meatpacking facilities and on construction sites, to reveal the problems and promises of European Union governance as regulating social justice. Using a bottom-up approach through in-depth interviews with posted migrant workers and administrators involved in the posting process, Workers without Borders shows that strong labor-market regulation via independent collective bargaining institutions at the workplace level is crucial to effective labor rights in marginal workplaces. Wagner identifies structures of access and denial to labor rights for temporary intra-EU migrant workers and the problems contained within this system for the EU more broadly.
Download or read book Collective Bargaining and Gender Equality written by Jane Pillinger and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks how trade unions and other membership based workers' organizations worldwide may support gender equality. Traditionally, collective agreements cover only male dominated industries and the public sector and sub-contracted workers are usually not included. However, collective bargaining agendas more often address issues such as workplace discrimination, equal pay for equal work and female leadership. The book considers new ways of organizing workers in informal employment and the support by trade unions in networks developed with ngo's. Concluded is that a broader perspective focusing on citizen's and labour rights is crucial for amplying the the effect of collective bargaining on gender equality in the future.
Download or read book Wage Setting Social Pacts and the Euro written by Anke Hassel and published by Amsterdam University Press. This book was released on 2006 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians, economists, and social theorists tend to agree that globalization and neo-liberal economic policy have contributed to the decline of the social compacts underlying traditional European welfare states. Recently, however, social pacts have demonstrated an impressive resurgence, as governments across Europe facing necessary economic policy adjustments have chosen to view trade unions as vital negotiating partners rather than adversaries. Wage Setting, Social Pacts, and the Euro offers a theoretical understanding of the forces that have led to this new understanding, and of the challenges that increasing monetary integration will continue to pose.
Download or read book The Role of Collective Bargaining in the Global Economy written by Susan Hayter and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the ways in which collective bargaining addresses a variety of workplace concerns in the context of today.s global economy. Globalization can contribute to growth and development, but as the recent financial crisis demonstrated, it also puts employment, earnings and labourstandards at risk. This book examines the role that collective bargaining plays in ensuring that workers are able to obtain a fair share of the benefits arising from participation in the global economy and in providing a measure of security against the risk to employment and wages. It focuses on a commonly neglected side of the story and demonstrates the positivecontribution that collective bargaining can make to both economic and social goals. The various contributions examine how this fundamental principle and right at work is realized in different countries and how its practice can be reinforced across borders. They highlight the numerouschallenges in this regard and the critically important role that governments play in rebalancing bargaining power in a global economy. The chapters are written in an accessible style and deal with practical subjects, including employment security, workplace change and productivity and working time.
Download or read book European Labour Movements in Crisis written by Thomas Prosser and published by . This book was released on 2019-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosser argues that labour movements respond to European integration in a manner which instigates competition between national labour markets. The book's hypothesis has key implications for debates about labour movements and the EU and its engaging style will captivate scholars, students and policymakers.
Download or read book Collective Agreements written by Susan Hayter and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Unions and Collective Bargaining written by Toke Aidt and published by Directions in Development. This book was released on 2002 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an extensive survey and synthesis of the economic literature on trade unions and collective bargaining and their impact on micro-and macro-economic outcomes. The authors demonstrate the effects of collective bargaining in different country settings and time periods. A comprehensive reference, this book will be of interest to students and scholars of labor policy as well as to policy makers and anyone with an interest in the economic consequences of unionism.
