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The term ‘social dumping’ regularly appears in public debates and in policymaking circles. However, due to its ambiguity it is used in a manner that is convenient for individual discourse participants, thus opening the door for misconceptions and ill-grounded accusations. This book systematically examines social dumping in the context of the European integration process. It defines social dumping as the practice, undertaken by self-interested market participants, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. It also shows how the two major EU integration projects  the creation of the Internal Market, and EU enlargement to the east and to the south  have provided market actors with new incentives and opportunities to contest existing social ‘constraints’. The empirical chapters examine social dumping practices accompanying labour migration, employee posting and cross-border investment distribution. In addition, they outline the process of formation of social standards and trace initiatives at EU and national levels that contribute to the spread of social dumping in Europe. This book will be of interest to scholars and students of employment relations, EU studies, international political economy, globalisation studies, welfare studies, social policy and migration studies.
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.
Recoge : Part I: Candidate countries and the community social acquis: an imposible match? - Part II: Social dumping: myth or reality?
Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.
The book provides a collection of cutting-edge, multi-disciplinary research-based chapters on work, workers and the regulation and management of workplace health and safety. Featuring research from Australia, Europe and North America, the chapters traverse important historical examples and place important, emerging contemporary trends, like work in the gig economy, into wider international and historical perspectives. The authors are leading authorities in their fields. The book contributes to advancing our knowledge – empirical and theoretical – of the ways in which labour market dynamics, management strategies, state regulation and public policy, and union organisation affect outcomes for workers. It features in-depth exploration of, and reflection on, some of the major labour market challenges facing workers, and analysis of strengths and weaknesses of responses to those challenges, whether via management, state regulation or collective employee voice. The chapters highlight shifts in in/equality of outcomes; access to security and flexibility at work; genuine access to workplace voice and decision-making; and the implications of different avenues and mechanisms for regulating work and employment. The text is aimed at researchers, undergraduate and postgraduate students in work and organisational studies, industrial/employment relations and human resource management, workplace (or occupational) health and safety, employment law, and labour history. It will also be of particular interest to policy makers and practitioners working in the field of workplace health and safety.
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.
Trade Unions and European Integration brings together pessimists and optimists on trade unionism under the contemporary pressures of European integration. The Great Recession has brought new attention to structural problems of the European integration process, specifically monetary integration; holding the potential of disabling any trans-national co-ordination. Other authors argue that the current crisis also poses the chance for mobilization and new impulses for European trade unionism. This is discussed in the volume alongside a variety of topics including bargaining coordination, co-determination, European governance regimes, and European wide mobilization. While the importance of the question of how trade unionism and wage policy can, will, and should develop under the conditions of European integration seems widely shared, the polarization of the debate itself deserves our attention to learn about the opposing arguments and points of view; and to enhance academic discussion as well as consultancy to policy makers. This volume addresses this debate by bringing together the most distinguished voices and searching for common ground as well as new perspectives on European trade unionism and collective bargaining. The chapters of the volume, organised topically, are each accompanied by a comment from a distinguished scholar, highlighting the divisions of the debate. With this innovative approach, this book advances the dialogue between what have become openly opposed camps of optimists and pessimists on the future of European integration, trade unionism and its future chances. Trade Unions and European Integration will appeal to students and researchers interested in fields such as European Studies, Industrial Relations, Political Economics, Social Movements and Sociology of Work.
A central question in the debate on justice in immigration is whether immigrants have a right to stay; this book argues that liberal-democratic receiving states should also grant migrants a right not to stay. This claim runs against the presumption that migrants always desire to move on a permanent basis and intend to forge a completely new life in the country of destination. From this perspective, temporary migration is always a second-best option for migrants, engendered by the closed and often punitive migration policies of receiving countries. This book's innovative focus on the right not to stay is prompted instead by the realization that increasing numbers of migrants throughout the world conceive and plan their migratory experience as circumscribed in time and instrumental to goals and projects that they will pursue once back in their country of origin. These temporary migration projects are worthy of being accommodated by the receiving states as much as the migratory plans of those who resolve or aim to immigrate on a permanent basis. Accommodating them entails setting up the appropriate welfare measures and programs in the host country and, through bi-lateral agreements, in the country of return. This is especially important in view of the fact that very often the migrants who engage in temporary migration projects find themselves in a condition of high vulnerability and risk. The "right not to stay" advocated in this book is a positive and substantive right to see one's project of temporary migration-and-return protected and accommodated by institutions.
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.