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New Forms of Employment in Europe

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Release : 2016-11-30
Genre : Law
Kind : eBook
Book Rating : 410/5 ( reviews)

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Book Synopsis New Forms of Employment in Europe by : Roger Blanpain

Download or read book New Forms of Employment in Europe written by Roger Blanpain. This book was released on 2016-11-30. Available in PDF, EPUB and Kindle. Book excerpt: The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Posting of Workers in EU Law

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Release : 2020-12-11
Genre : Law
Kind : eBook
Book Rating : 648/5 ( reviews)

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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. This book was released on 2020-12-11. 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.

Employment Policies in the EU and in the Member States

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Author :
Release : 2002
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Employment Policies in the EU and in the Member States by :

Download or read book Employment Policies in the EU and in the Member States written by . This book was released on 2002. Available in PDF, EPUB and Kindle. Book excerpt:

European Union Discourses on Un/employment

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Release : 2000-10-15
Genre : Business & Economics
Kind : eBook
Book Rating : 447/5 ( reviews)

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Book Synopsis European Union Discourses on Un/employment by : Peter Muntigl

Download or read book European Union Discourses on Un/employment written by Peter Muntigl. This book was released on 2000-10-15. Available in PDF, EPUB and Kindle. Book excerpt: Employment is clearly one of those fields of political activity that reveal the manifold problems and difficulties accompanying the process of European integration and supranational institutionalization. In particular the conflict between supranationalists and intergovernmentalists and the degree to which member states show willingness to cooperate with each other become manifest. The Union is struggling for new employment policies that should, on the one hand, be compatible with the European model of the welfare state, and, on the other, adopt to new economic constraints. These debates are accompanied by many conflicts between different interest groups and lobbies. This study succeeded in looking behind closed doors within the EU organizational system. Committee meetings were tape-recorded and analysed, drafts of policy papers were examined for recontextualizations and the impact of interest groups and different economic and ideological concepts on policy-making made explicit. A comparison of decision-making processes in the European Parliament and in small networks of the Commission illustrates the different argumentation patterns and discursive practices that are involved in the formation of new employment policies. The ethnographic research is accompanied by a systemic linguistic and sociological analysis of various institutional genres and political spaces.

Employment Policy and the Regulation of Part-time Work in the European Union

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Release : 2004-07-01
Genre : Law
Kind : eBook
Book Rating : 444/5 ( reviews)

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Book Synopsis Employment Policy and the Regulation of Part-time Work in the European Union by : Silvana Sciarra

Download or read book Employment Policy and the Regulation of Part-time Work in the European Union written by Silvana Sciarra. This book was released on 2004-07-01. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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