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Author: Matteo Bottero Publisher: Kluwer Law International B.V. ISBN: 9403528648 Category : Law Languages : en Pages : 547
Book Description
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.
Author: Matteo Bottero Publisher: Kluwer Law International B.V. ISBN: 9403528648 Category : Law Languages : en Pages : 547
Book Description
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.
Author: Taylor & Francis Group Publisher: Routledge ISBN: 9781032087863 Category : Languages : en Pages : 216
Book Description
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.
Author: Matthias Strohmayer Publisher: GRIN Verlag ISBN: 3668293767 Category : Law Languages : en Pages : 66
Book Description
Master's Thesis from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: 10, , language: English, abstract: This thesis guides the reader through the most important aspects of current European labour law in relation to posted workers. It starts with basic definitions and provides answers to questions of jurisdiction and applicable law. The thesis then explains in detail the framework of the provisions guaranteeing a minimum level of safeguards and other rights to workers (Directive 96/71/EC) as well as the framework of the provisions applicable with regard to social security benefits and contributions (Regulation 883/2004). It explains the true impact of judgment Sähköalojen ammattiliitto ry on the applicable minimum wage and shows possible legal advantages of using posted workers over the domestic workforce. It furthermore explains how the practically important Internal Market Information System works and shows common ways of abuse and circumvention of current legislation. It divides these ways of abuse into the categories “Undesirable Legal Posting”, ”Questionable Practices”, “Fraud and Fake Postings”, “Letterbox companies” and “Bogus self-employment”, discussing three cases. The most recent development in the area of posted workers is Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (Enforcement Directive). The thesis explains the shortcomings of Directive 96/71/EC. It lists the novelties that the Enforcement Directive introduces and discusses their possible transposition into national law, their merits and insufficiencies. The thesis then takes a detailed look at one of these novelties, the new subcontracting liability in the construction sector. Finally, the thesis provides numbers of posted workers within the EU and specific countries, which enables the reader to put the economic impact of posted workers in perspective.
Author: Alan Bogg Publisher: Edward Elgar Publishing ISBN: 1783471123 Category : Law Languages : en Pages : 592
Book Description
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.
Author: Marco Rocca Publisher: Social Europe ISBN: 9781780683072 Category : Law Languages : en Pages : 388
Book Description
This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]
Author: Nathan Cambien Publisher: BRILL ISBN: 9004433074 Category : Law Languages : en Pages : 562
Book Description
European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.
Author: Christina Hießl Publisher: Linde Verlag GmbH ISBN: 3709411394 Category : Law Languages : de Pages : 182
Book Description
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.
Author: Jens Arnholtz Publisher: Routledge ISBN: 0429632258 Category : Business & Economics Languages : en Pages : 233
Book Description
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.
Author: Bengt Furåker Publisher: Springer Nature ISBN: 3030387704 Category : Business & Economics Languages : en Pages : 165
Book Description
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.
Author: Anne C. L. Davies Publisher: Edward Elgar Publishing ISBN: 178100515X Category : Law Languages : en Pages : 304
Book Description
'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.
Author: Matteo Bottero
Author: Matteo Bottero
Author: Taylor & Francis Group
Author: Matthias Strohmayer
Author: Alan Bogg
Author: Marco Rocca
Author: Nathan Cambien
Author: Christina Hießl
Author: Jens Arnholtz
Author: Bengt Furåker
Author: Anne C. L. Davies