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During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
This volume is the first collection of original research brought together under the name of new forms of employment. The contributions written specifically for this project – an intruduction, conclusion, and chapters – propose to critically investigate the current state of this burgeoning and relevant research field and map out future directions. The diverse selection of research oriented on new forms of employment across the World included in this volume provides readers with a variety of topics, disciplinary angles, critical approaches and practices, methods and interpretations, emphases and voices, which, when taken together, illustrate the diversity and complexity of this dynamic and stimulating field, as well as the hightened attention to labour and employment law issues and proliferation of labour and employment law-oriented scholars. The Content · Changing patterns of work: implications for employment relationship · New forms of employment in a digital age · The protection of workers in new forms of employment · New forms of employment and challenges for the protection of collective labour rights of employees ​ The Editors Jerzy Wratny a full professor of labour law, associated with the Institute of Law Studies of the Polish Academy of Sciences, Poland. Agata Ludera-Ruszel a Ph.D. in labour law, an assistant professor in Department of Labour Law and Social Policy at the Institute of Law of the University of Rzeszow, Poland.
This work is based upon research carried out by EC experts - members of the network Women in Employment of the Equal Opportunities Unit of DGV of the European Commission. The survey looks at atypical employment in the EC, concentrating particularly on women's position in the field.
Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.00The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
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.
Since the 1970s the long term decline in self-employment has slowed – and even reversed in some countries – and the prospect of ‘being your own boss’ is increasingly topical in the discourse of both the general public and within academia. Traditionally, self-employment has been associated with independent entrepreneurship, but increasingly it has become a form of precarious work. This book utilises evidence-based information to address both the current and future challenges of this trend as the nature of self-employment changes, as well as to demonstrate where, when and why self-employment has emerged as precarious work in Europe.
The new edition of this major work is a must-buy for all students studying EU employment law. It offers comprehensive coverage of an increasingly complex subject, tackling both case law and legislation, and provides detailed analysis of the EU's Directives and their impact on employment law.
The deregulation of labour law in the European Union was thought to be a spur to lasting growth of employment and an increase in labour market efficiency. This book reveals that the results of such policies have been far from those expected.This study provides a country by country overview of the legal regulations concerning employment protection a