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 Employment the Focus of Collective Bargaining in Europe written by and published by Presses univ. de Louvain. This book was released on 2001 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insertion in June 1997 of a Title on employment in the Treaty on European Union has accelerated the drafting of European policy in this field over the last few years. This European dynamic has had widespread impact on the themes and mechanisms that characterise national systems of industrial relations. On the one hand, employment is increasingly governed by rules negotiated between the social partners and, depending on the circumstances, the State. This phenomenon of joint labour market regulation is confirmed by a marked desire on the part of employers' associations and trade unions to integrate employment-related issues into their actions and negotiations. On the other hand, the incorporation of employment-related themes by employers’ associations and trade unions, usually in concertation with government policies, is related with greater coordination of bargaining and concertation mechanisms established at European level and within each Member State. Today, the various national realities appear to be directed to various degrees by these two general tendencies. These phenomena active in the field of employment bargaining must therefore be analysed on three counts: the first focuses on the development of the coordination mechanisms that structure these negotiations, and more specifically raises the issue of co-responsibility for the labour market; the second deals with the strict content of employment bargaining, and examines the question of negotiated flexibility of working conditions and employment; the third addresses the autonomy of collective bargaining in Europe. This analysis informs our research, which is in turn intimately linked to recent changes taking place in national systems of industrial relations.

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 The Transformation of Employment Relations in Europe written by James Arrowsmith and published by Routledge. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title 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. The book highlights the policies and the role played by different institutional and social actors.

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 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 Collective Bargaining Developments in Times of Crisis written by Sylvaine Laulom and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.

Download or read book The Making of Labour Law in Europe written by Bob Hepple and published by Hart Publishing. This book was released on 2010-03-02 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a re-issue of a book first published in 1986, which studies the way in which labour law took shape in nine European countries (the Member States of the EEC in 1979)-Belgium, Britain and Ireland, Denmark, France, Germany, Italy, the Netherlands and Luxembourg - from the beginning of the industrial revolution up to 1945. The book explains similarities and differences between modern systems in these countries as the outcome of continuing struggles between different social groups and competing ideologies in the context of industrialisation and economic development.The book thus provides the essential underpinning to its companion, the new book, The Transformation of Labour Law in Europe (Hart: 2009, ISBN: 9781841138701), which continues the historical comparative study of the development of labour law in Europe since 1945. Other contributors include Antoine Jacobs, Thilo Ramm, Bruno Veneziani and Eliane Vogel-Polsky, with the assistance of Ole Hasselbalch and Jean-Claude Javillier. 'A major contribution to comparative legal scholarship' Lord Wedderburn. Industrial Law Journal (1988)

Download or read book Collective Bargaining on Employment in Europe written by Evelyne Leonard and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A large set of recent studies tends to show that employment is currently gaining increased importance in the content of collective bargaining in the European Union member states. The notion of bargaining on employment refers to negotiation processes that may take place among unions and employers' organizations and, sometimes, the state, and that aim to increase employment levels and to reduce unemployment. In other words, this type of bargaining consists in defining joint rules organizing, or at least attempting to organize, employment volumes and flux, with the objective of preserving or creating jobs, on the one hand, and of assisting the unemployed to find a job, on the other. It is sometimes contrasted with bargaining focused on more traditional issues such as wages or working conditions, because it has a specific objective, trying not only to regulate employment relations, but more generally to regulate employment as such, defined in terms of number of jobs. In the European Union, and more precisely in the EU-15, this takes place in a context where employment rates steadily remain below those of Japan and the United States, the two countries with which comparisons are traditionally made in the official figures published by the European Commission. Similarly, even if some countries have now virtually achieved full employment, such as Austria and the Netherlands, for instance, average unemployment rates in the European Union remain around 8%, higher than in either Japan or in the USA. It is important to keep this context in mind when one considers the fact that social partners in the European Union participate in various bargaining processes aimed at building joint solutions for a more efficient labour market. This takes place at several levels: first, at the European level, social partners are invited to participate in the “European employment strategy” that annually defines guidelines for all member states and that stresses the contribution of unions and employers' organizations in the preparation and implementation of those guidelines at national level; second, within the member states, it also includes tripartite agreements and “social pacts” that reflect the revival of neo-corporatism in European countries since the early 1990s and that include not only wage moderation clauses but also joint projects for employment; third, employment is also taken into consideration at lower levels of bargaining, e.g. at the level of branches, regions and companies. The article examines collective bargaining on employment issues with a focus on the nature of the processes involved and shows that they represent a specific type of bargaining, both in terms of the rules produced and in terms of the relationships between the actors involved. The first part briefly summarizes some important data on the context of employment in Europe and key points of the European employment strategy. It also discusses the notion of bargaining on employment and refers to the concept of regulation to analyse this type of bargaining. The second part examines the characteristics of bargaining on employment, successively looking at the subjects negotiated, the uncertainty that accompanies this type of bargaining, the relationship between the state and social partners and, finally, the nature of emerging compromises. In terms of content, bargaining on employment touches a very wide range of issues, extending from measures oriented towards the protection of existing jobs to programmes to support the unemployed, through changes in work organization intended to preserve or to create jobs. In fact, if there is in Europe a broad consensus on the fact that employment is a priority for all, and here more particularly for states, unions and employers' organizations, the specific content of bargaining behind the general objective is much less consensual. It is, moreover, highly uncertain as arrangements concluded aim to stimulate employment but very rarely include a clear and quantified commitment to a specific number of jobs. In terms of processes, bargaining on employment, to the extent that it contributes to the regulation of the labour market, implies intertwined roles between governments and social partners. More generally, neo-corporatist processes have attracted renewed interest in European countries since the 1990s, and the search for joint solutions to regulate the labour market has contributed to these developments. Tripartite programmes for employment along with social pacts reflect the search, on the part of social actors, for transformed trade-offs organizing the labour market, in which the notion of “employability” holds a growing place. In conclusion, collective bargaining on employment tends to reflect an apparent paradox: it opens greater space for flexibility, for company-based solutions, for a notion of “employability,” but through the means of joint regulation from the state and social partners. As such, it raises original issues on the role of collective bargaining in the definition of the rules organizing current labour markets in Europe, in other words on the role of collective bargaining as a regulator of the labour market, beyond the regulation of employment relationships.

Download or read book Europe and the Nordic Collective Bargaining Model written by Jens Kristiansen and published by Nordic Council of Ministers. This book was released on 2015-06-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the special features of the Nordic countries is that the determination of wages and working conditions is largely left up to the negotiations between the social partners. The purpose of this report is to illuminate a number of the challenges faced by the labour-law systems of the Nordic countries in the light of an increasingly well-developed European law system. The first part of the report was prepared by Dr. Jur. Jens Kristiansen, the editor-in-chief, and focuses on a number of the general challenges facing the labour-law systems of the Nordic countries in the form of European rules and court decisions. The second part of the report was prepared by various representatives of employer and employee organisations in the Nordic countries and illustrates some of the challenges faced by the social partners in their interaction with the European court system and the way in which these challenges have been addressed in the individual countries.

Download or read book Beyond Employment written by Alain Supiot and published by Oxford University Press. This book was released on 2001-04-26 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work initiated by the EC. It takes as its starting point the profound changes that have taken place in the underlying employment relationship and associated human resource practices over the past twenty years. These developments are placed in their economic, social, institutional, and legal contexts. Competitive pressures on firms, the search for greater efficiency and effectiveness in the delivery of public services, the changing role of women in society, and the desire for greater choice on the part of individuals are all important motives for change. The legal framework and the structures and organizations which represent the interests of workers and employers must respond to these changes. Drawing on illustrations from a number of European countries, the book suggests that the legal framework should encourage greater collaboration in the workplace, particularly over issues such as training. But it should also place work within its social context and facilitate genuine choices by individuals.

Download or read book Trade Unions in Western Europe written by Rebecca Gumbrell-McCormick and published by OUP Oxford. This book was released on 2013-10-03 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade unions in most of Europe are on the defensive: in recent decades they have lost membership, sometimes drastically; their collective bargaining power has declined, as has their influence on government; and in many countries, their public respect is much diminished. This book explores the challenges facing trade unions and their responses in ten west European countries: Britain, Ireland, Sweden, Denmark, Germany, Austria, the Netherlands, Belgium, France, and Italy. Based on a substantial number of interviews with key union representatives and academic experts in each country, together with the collection of a large amount of union documentation and background material, the book gives an account of how trade unionism has evolved in each country, the main recent challenges that unions have faced, and their responses. The book engages with the debates of the past two decades on union modernization and revitalization, and more generally with theories of institutional change and the literature on varieties of capitalism. Some observers ask whether unions remain relevant socio-economic actors, but challenging times can stimulate new thinking, and hence provide new opportunities. This book aims to show why trade unions are (still) important subjects for scientific analysis: first, as a means of collective 'voice' allowing employees to challenge management control and bringing a measure of balance to the employment relationship; second, as a form of 'countervailing power' to the socio-economic dominance of capital; and third, their potential as a 'sword of justice' to defend the weak, vulnerable and disadvantaged, express a set of values in opposition to the dominant political economy, and offer aspirations for a different—and better—form of society.

Download or read book Trade Union Cooperation in Europe written by Bengt Furåker and published by Springer Nature. This book was released on 2020-03-06 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book discusses transnational trade union cooperation in Europe – its forms, focuses, conditions, and obstacles. It provides an overview of existing trade union cooperation and includes detailed analyses of two specific questions: the debates on statutory minimum wages and the Posting of Workers Directive. Drawing on empirical research, the authors take a comparative approach, considering national industrial relations regimes as well as individual sectors. With the ongoing processes of integration in Europe, it has become increasingly important for unions to cooperate with regard to employers and EU institutions. The authors illustrate the interconnections between national and European industrial relations, and explore the process of European integration in labour markets. Illustrating the potential for and difficulties involved in deepening trade union cooperation across Europe, this work is a vital read for trade unionists, researchers and students interested in European trade unionism and labour markets.

Download or read book Labour Law written by Andrzej Świątkowski and published by Kluwer Law International B.V.. This book was released on 2019-04-16 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the Council of Europe not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in the Council of Europe, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

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 European Labour Relations written by György Széll and published by Routledge. This book was released on 2018-10-26 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. With the increasing economic, political and social integration in Europe, there has been a fundamental change in labour and industrial relations. Not only in the Japanese and American challenges in the triad competition under the slogan of ’Lean Management’ but also ecological and democratic challenges are relevant. The directive for the introduction of European works councils is one example of new forms of industrial relations. The question remains since the Hofstede studies on how far will integration go in guarding the cultural specificity’s and identities. The material is structured in a logical and helpful way with a balanced and complete review of the subject. This first of two volumes concentrates on the general features of the European system of labour relations. Both volumes are addressed particularly to academics and students of business administration, economics, sociology, labour law and organizational psychology at university level, and would also be suitable for intensive courses and seminars in the private sector.

Download or read book Challenges of European Employment Relations written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2008-08-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: • response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; ‘flexicurity’ and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.