European Labour Law

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EU Labour Law

Author : Anne C. L. Davies
Publisher : Edward Elgar Publishing
ISBN 13 : 178100515X
Total Pages : 304 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis EU Labour Law by : Anne C. L. Davies

Download or read book EU Labour Law written by Anne C. L. Davies and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.' – Mark Freedland, Oxford University, UK 'EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.' – Stephen Weatherill, Somerville College, Oxford, UK EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labour and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.

EU Employment Law

Author : Catherine Barnard
Publisher : OUP Oxford
ISBN 13 : 0191639281
Total Pages : 796 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis EU Employment Law by : Catherine Barnard

Download or read book EU Employment Law written by Catherine Barnard and published by OUP Oxford. This book was released on 2012-08-09 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg. The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?

European Labour Law and the EU Charter of Fundamental Rights

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832921088
Total Pages : 0 pages
Book Rating : 4.9/5 (21 download)

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Book Synopsis European Labour Law and the EU Charter of Fundamental Rights by : Brian Bercusson

Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.

European Employment Law, 2nd Edition Hb

Author : Karl Riesenhuber
Publisher :
ISBN 13 : 9781839701511
Total Pages : 1016 pages
Book Rating : 4.7/5 (15 download)

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Book Synopsis European Employment Law, 2nd Edition Hb by : Karl Riesenhuber

Download or read book European Employment Law, 2nd Edition Hb written by Karl Riesenhuber and published by . This book was released on 2022-03-07 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Posting of Workers in EU Law

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

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.

EU Collective Labour Law

Author : ter Haar, Beryl
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116399
Total Pages : 488 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis EU Collective Labour Law by : ter Haar, Beryl

Download or read book EU Collective Labour Law written by ter Haar, Beryl and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.

EU Labour Law

Author : Ruth Nielsen
Publisher : Djoef Publishing
ISBN 13 : 9788757425666
Total Pages : 0 pages
Book Rating : 4.4/5 (256 download)

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Book Synopsis EU Labour Law by : Ruth Nielsen

Download or read book EU Labour Law written by Ruth Nielsen and published by Djoef Publishing. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law. The author, dr jur Ruth Nielsen is professor at the Law Department, Copenhagen Business School.

European Labour Law

Author : Roger Blanpain
Publisher :
ISBN 13 : 9789041151780
Total Pages : 1104 pages
Book Rating : 4.1/5 (517 download)

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Book Synopsis European Labour Law by : Roger Blanpain

Download or read book European Labour Law written by Roger Blanpain and published by . This book was released on 2014 with total page 1104 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain's magisterial European Labour Law. This Fourteenth Edition remains the preeminent practice guide in its field, covering the full spectrum - legislation, collective agreements, and more than 400 cases - of both individual and collective labour law and practice from the fundamental freedoms to the significance of the Reform Treaty of Lisbon. Among the abundant new material in the Fourteenth Edition the reader will find incisive commentary and analysis of such issues and trends.

Research Handbook on EU Labour Law

Author : Alan Bogg
Publisher : Edward Elgar Publishing
ISBN 13 : 1783471123
Total Pages : 592 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Research Handbook on EU Labour Law by : Alan Bogg

Download or read book Research Handbook on EU Labour Law written by Alan Bogg and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

EC Employment Law

Author : Catherine Barnard
Publisher : Oxford University Press, USA
ISBN 13 : 0199280029
Total Pages : 938 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis EC Employment Law by : Catherine Barnard

Download or read book EC Employment Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2006 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'EC Employment Law' provides a thorough and authoritative guide to EC law on employment, within a social and economic context. Extensive coverage is given of complex equality caselaw and legislation, and many issues not covered elsewhere are examined.

The Sources of Labour Law

Author : Tamás Gyulavári
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502045
Total Pages : 608 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Sources of Labour Law by : Tamás Gyulavári

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.

Transforming European Employment Policy

Author : Ralf Rogowski
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001170
Total Pages : 303 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Transforming European Employment Policy by : Ralf Rogowski

Download or read book Transforming European Employment Policy written by Ralf Rogowski and published by Edward Elgar Publishing. This book was released on 2011 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it. The limitations of the current approach became particularly apparent during the financial crisis of 2008, and it has now reached a turning point. The book offers a new coherent European reform agenda that views easing transitions in employment and promoting the development of individual and collective capabilities as cornerstones. The contributing authors focus on vocational training, life course policies, reflexive labour law and social insurance, from theoretical, empirical and practical perspectives. Transforming European Employment Policy will be of great benefit to policymakers as well as those researching or studying European law, labour law, industrial relations, political science, social policy or international business.

Basics on European Social Law

Author : Christina Hießl
Publisher : Linde Verlag GmbH
ISBN 13 : 3709411386
Total Pages : 175 pages
Book Rating : 4.7/5 (94 download)

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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.

Migrants, Refugees and Asylum Seekers’ Integration in European Labour Markets

Author : Veronica Federico
Publisher : Springer Nature
ISBN 13 : 3030672840
Total Pages : 264 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Migrants, Refugees and Asylum Seekers’ Integration in European Labour Markets by : Veronica Federico

Download or read book Migrants, Refugees and Asylum Seekers’ Integration in European Labour Markets written by Veronica Federico and published by Springer Nature. This book was released on 2021-04-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book discusses how, and to what extent, the legal and institutional regimes and the socio-cultural environments of a range of European countries (the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK), in the framework of EU laws and policies, have a beneficial or negative impact on the effective capacity of these countries to integrate migrants, refugees and asylum seekers into their labour markets. The analysis builds on the understanding of socio-cultural, institutional and legal factors as “barriers” or “enablers”; elements that may facilitate or obstruct the integration processes. The book examines the two dimensions of integration being access to the labour market (which, translated into a rights language means the right to work) with its corollaries (recognition of qualifications, vocational training, etc.), and non-discriminatory working conditions (which, translated into a rights language means right to both formal and substantial equality) and its corollaries of benefits and duties deriving from joining the labour market. It thereby offers a novel approach to labour market integration and migration/asylum issues given its focus on legal aspects, which includes most recent policy changes and legal decisions (including litigation cases). The robust, evidence-based and comparative research illustrated in the book provides academics and students, but also practitioners and policy makers, with up to date knowledge that will likely impact positively on policy changes needed to better address integration conundrums.

The Economic and Financial Crisis and Collective Labour Law in Europe

Author : Niklas Bruun
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254455
Total Pages : 336 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Economic and Financial Crisis and Collective Labour Law in Europe by : Niklas Bruun

Download or read book The Economic and Financial Crisis and Collective Labour Law in Europe written by Niklas Bruun and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

EU Employment Law

Author : Jeff Kenner
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312470
Total Pages : 648 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis EU Employment Law by : Jeff Kenner

Download or read book EU Employment Law written by Jeff Kenner and published by Bloomsbury Publishing. This book was released on 2002-12-23 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.

Migrant Domestic Workers in Europe

Author : Vera Pavlou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942386
Total Pages : 290 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Migrant Domestic Workers in Europe by : Vera Pavlou

Download or read book Migrant Domestic Workers in Europe written by Vera Pavlou and published by Bloomsbury Publishing. This book was released on 2021-10-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these – often migrant – workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing – or, alternatively, attenuating – vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.