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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.
Ce volume bilingue pose la question des effets des réformes institutionnelles et organisationnelles du marché du travail sur la cohésion sociale. Dans cet ouvrage, le Conseil de l'Europe recherche la conciliation entre ce qui est inévitablement imposé par la mondialisation, c'est-à-dire la réorganisation des paramètres de la concurrence, et la cohésion sociale. La conciliation doit prendre en compte une valeur politique essentielle, la sécurité démocratique, qui se trouve d'abord dans l'emploi : le coût social et sociétal élevé de la précarité le confirme. Néanmoins, sécurité ne signifie pas rigidité et doit se traduire plutôt par la reconnaissance sociale d'un "droit à la transition" qui appelle à la coresponsabilité de tous les acteurs sociaux. La conciliation est plus qu'un devoir politique : elle est le prix de la stabilité qui assure la durabilité sociale.
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.
This title presents carefully selected articles that are at the ultimate forefront of professional studies on 'transitional labour markets' and 'flexicurity'.
This timely volume discusses the extent to which the labor market is becoming more flexible in response to competitive pressures and examines the pivotal roles of collective bargaining in introducing this flexibility.Providing detailed information from 22 country studies, the book covers industrialized and developing nations across Western Europe, North and South America, and Asia. It analyzes the extent of flexibility introduced in these labor markets, as well as the changing role of the state in industrial relations, and the positions of employers and trade unions on labor market flexibility. This comprehensive study reviews the move toward flexibility in four principal areas: contracts of employment, pay, working time, and work organization.While closely examining the means of achieving greater labor market flexibility, this highly topical book addresses the various ways in which flexibility has been introduced, including through legislative action, collective bargaining, individual contracts of employment, and unilateral employer decisions. The findings in this book reveal that collective bargaining is the most effective means of introducing flexibility, as it engages both employers and workers in the process of change.In addition, the volume examines the outcomes of negotiations on flexibility at the central, sectoral, and enterprise levels, paying special attention to the trade-offs that arise, particularly in the areas of job security, working time, and workers' lifestyles.
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.
In recent years, the Danish flexicurity model has attracted attention from the European Union as a successful way of combining a flexible labor law regime with generous social protection of employees and an active labor market policy. However, the Danish model has itself come under pressure from ever increasing EU harmonization of working conditions. This book examines the pressure put on the flexible Danish labor law system by EU labor law directives and the case law of the Court of Justice of the European Union (CJEU). The analysis highlights the increasing tension between, on the one hand, the flexibility that the directives aim to allow individual Member States and, on the other hand, the uniform interpretation and application of the principles of which the CJEU is an exponent. [Subject: Danish Law, European Law, Employment Law, Comparative Law]