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Core And Contingent Work In The European Union
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Book Synopsis Core and Contingent Work in the European Union by : Edoardo Ales
Download or read book Core and Contingent Work in the European Union written by Edoardo Ales and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Core and Contingent Work in the European Union by : Edoardo Ales
Download or read book Core and Contingent Work in the European Union written by Edoardo Ales and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transformations of Work: Challenges for the Institutions and Social Actors by : Giuseppe Casale
Download or read book Transformations of Work: Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.
Book Synopsis Contingent Workers’ Voice in Southern Europe by : Sofía Pérez de Guzmán
Download or read book Contingent Workers’ Voice in Southern Europe written by Sofía Pérez de Guzmán and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. Contingent Workers’ Voice in Southern Europe investigates the manifold challenges posed by the continued expansion of the platform economy, the rise of non-standard forms of employment, and the diversification of work identities.
Book Synopsis Employment Relations in the 21st Century by : Valeria Pulignano
Download or read book Employment Relations in the 21st Century written by Valeria Pulignano and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Book Synopsis In-Work Poverty in Europe by : Luca Ratti
Download or read book In-Work Poverty in Europe written by Luca Ratti and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States. The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: employment-related factors (wage, type of contract, atypical employment); worker’s socio-demographic characteristics (level of education, gender, age, country of birth); size and composition of household; household work intensity; and institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change). In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group. Following an in-depth introduction focusing on the definition and ramifications of the concept of in-work poverty – including a discussion of legal scholarship and relevant EU instruments – the situations in seven EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden) are compared, revealing important variations. For each of the VUP groups, these chapters explain their composition at the national level and assess the impact of regulation on the incidence of in-work poverty. The last chapter highlights differences and similarities in an attempt to find patterns and identify common regulatory problems and best practices. The book’s comparative perspective greatly assists in understanding in-work poverty determinants, appraising varieties of relevant national policies, and stimulating the development of effective legal measures. With its close analysis of the limitations of existing measurement indicators, the book sheds light on the role of regulation in the prevalence and persistence of the phenomenon and equips policymakers at the EU and national levels with targeted tools to tackle this severe social problem.
Book Synopsis Enterprise and Social Rights by : Adalberto Perulli
Download or read book Enterprise and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
Book Synopsis The European Union and Human Rights by : Jan Wouters
Download or read book The European Union and Human Rights written by Jan Wouters and published by Oxford University Press, USA. This book was released on 2021-02-17 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU commitment to human rights policies has grown following the Lisbon Treaty. Taking stock of those developments, this book describes the framework, actors, policies, and strategies of human rights across the EU and how their impact is felt. Contributed to by scholars from across the EU, this provides an in-depth and holistic view of the issues.
Book Synopsis Work Beyond the Pandemic by : Tindara Addabbo
Download or read book Work Beyond the Pandemic written by Tindara Addabbo and published by Springer Nature. This book was released on 2023-11-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the impact of Covid-19 on employment relations and provides a reconstruction and a critical assessment of the measures enacted worldwide to tackle the economic and social crisis triggered by the global health emergency. The pandemic has been a booster of critical issues that for years have been silently shaping society and the labor market and so it can represent an opportunity to relaunch a critical analysis on the future of work. Beginning from this assumption, this book collects contributions from different disciplines, including law, economics and organization theory. It covers topics such as the measures enacted to protect workers’ health and cushion the labour, the new inequalities that emerged during the pandemic and the strategies to construct a sustainable and human-centred development in the post pandemic scenario. It is highly relevant to scholars and students of organisation studies, resilience, the labour market and labour law.
Book Synopsis Effective Enforcement of EU Labour Law by : Zane Rasnaca
Download or read book Effective Enforcement of EU Labour Law written by Zane Rasnaca and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Book Synopsis A Modern Guide To Labour and the Platform Economy by : Drahokoupil, Jan
Download or read book A Modern Guide To Labour and the Platform Economy written by Drahokoupil, Jan and published by Edward Elgar Publishing. This book was released on 2021-10-12 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an insightful analysis of the key issues and significant trends relating to labour within the platform economy, this Modern Guide considers the existing comparative evidence covering all world regions. It also provides an in-depth look at digital labour platforms in their historical, economic and geographical contexts.
Book Synopsis Basics on European Social Law by : Christina Hießl
Download or read book Basics on European Social Law written by Christina Hießl and published by Linde Verlag GmbH. This book was released on 2021-01-07 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.
Book Synopsis Casual Work Arrangements and Platform-Based Work by : Ilda Durri
Download or read book Casual Work Arrangements and Platform-Based Work written by Ilda Durri and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work – in which work activities are channelled through web platforms or apps – has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work – often linked to insecure or precarious working conditions – until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers. The analysis proceeds through a detailed comparative legal analysis of casual work in four industrialized countries – the United Kingdom, the Netherlands, Belgium, and Italy – shedding light on the divergent regulatory approaches to this work typology. Then, it moves on to EU legislators’ efforts to develop a regulatory matrix on casual work, focusing on directives such as those on fixed-term work, working time, and transparent and predictable working conditions. The author concludes with recommendations for redefining the EU legal initiative on platform work, in light of the national and EU legal instruments examined in this contribution. Issues, such as the insecure nature of work, unpaid stand-by time, and work insecurity, come to the fore. The purpose of this book is to assist policymakers and social partners in finding viable legal solutions to tackle some of the labour protection challenges posed by platform work. At the same time, it serves as a reminder to EU policymakers, that existing legal instruments on casual work constitute an available blueprint which could be beneficial in dealing with such regulatory problems. Issues and topics covered, in a nutshell, include the following: what is captured under the label of casual work arrangements; the shared features between casual work and platform work, with a focus on their insecure working conditions; the employment status insecurity; the insecurity of working hours; the uncertainty of the continuity of employment; the income insecurity; peculiar traits of platform work; the development of the EU regulatory matrix on casual work; the relevance of the directives on working time, fixed-term work, and transparent and predictable working conditions, for the protection of platform workers; and the improvement of the proposal for a Platform Work Directive in light of the above instruments.
Book Synopsis Collective Bargaining and Collective Action by : Julia López López
Download or read book Collective Bargaining and Collective Action written by Julia López López and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.
Book Synopsis Your Boss Is an Algorithm by : Antonio Aloisi
Download or read book Your Boss Is an Algorithm written by Antonio Aloisi and published by Bloomsbury Publishing. This book was released on 2022-07-14 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone's lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.
Book Synopsis Collective Bargaining for Self-Employed Workers in Europe by : Bernd Waas
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.
Book Synopsis Digital Work Platforms at the Interface of Labour Law by : Eva Kocher
Download or read book Digital Work Platforms at the Interface of Labour Law written by Eva Kocher and published by Bloomsbury Publishing. This book was released on 2022-03-10 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
