Download or read book The Regulation of Working Conditions in the Member States of the European Community Comparative labour law of the Member States written by Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs and published by . This book was released on 1992 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Regulation of Working Conditions in the Member States of the European Community written by and published by . This book was released on 1992 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Regulation of Working Conditions in the Member States of the European Union written by and published by . This book was released on 1998 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 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 written by and published by . This book was released on 1998 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Regulation of Working Conditions in the Member States of the European Community written by Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs and published by . This book was released on 1992 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 written by Commission of the European Communities. Directorate-General for Employment, Industrial Relations, and Social Affairs and published by . This book was released on 1992 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Regulation of Working Conditions in the Member States of the European Union written by and published by . This book was released on 1998 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 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 written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 National Effects of the Implementation of EU Directives on Labour Migration from Third Countries written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-03-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.
Download or read book Comparative Labour Law of the Member States written by and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Laval and Viking Cases written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.
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 Labour Law and Working Conditions written by European Commission. Directorate-General for Employment, Social Affairs and Inclusion and published by . This book was released on 2014 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Social Europe guide is a bi-annual publication aimed at providing an interested but not necessarily specialised audience with a concise overview of specific areas of EU policy in the field of employment, social affairs and inclusion. It illustrates the key issues and challenges, explains policy actions and instruments at EU level and provides examples of best practices from EU Member States. It also presents views on the subject from the Council Presidency and the European Parliament. Volume 6 looks at the origin and purpose of labour market rules across the EU. It highlights the importance of ensuring good and healthy working conditions and a level playing field in the Single Market. It explains the respective roles the EU institutions and Member States play in shaping the legislation on employment and working conditions: in general, EU rules help to set minimum standards and requirements to underpin national laws, aiming to ensure the realization of the values set out in the EU's founding Treaties. The guide also explains how EU labour law has been influenced by international standards and the role the EU plays in promoting decent work across the world.
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 The Protection of Working Relationships written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
