Eu Employment Law

Author : Karl Riesenhuber
Publisher : Unknown
Page : 1016 pages
File Size : 52,6 Mb
Release : 2022-03-07
Category : Electronic
ISBN : 183970151X

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European Employment Law, 2nd Edition Hb by Karl Riesenhuber Pdf

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.

Author : Catherine Barnard
Publisher : OUP Oxford
Page : 796 pages
File Size : 44,5 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780191639289

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EU Employment Law by Catherine Barnard Pdf

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?

Author : Catherine Barnard
Publisher : Oxford University Press, USA
Page : 938 pages
File Size : 52,6 Mb
Release : 2006
Category : Law
ISBN : 9780199280025

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EC Employment Law by Catherine Barnard Pdf

'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.

Author : Anders Etgen Reitz
Publisher : American Bar Association
Page : 440 pages
File Size : 54,7 Mb
Release : 2007
Category : Law
ISBN : 1590319028

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Labor and Employment Law in the New EU Member and Candidate States by Anders Etgen Reitz Pdf

This book is a practical tool for legal practitioners and in-house counsel advising clients on their foreign operations in the new EU. The book begins with an introduction to EU legislation, EU directives, and the enlargement of the European Union. Each chapter provides an overview of labor law, hiring, terms and conditions, termination, discrimination, and business transfers in the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A table of statutes and EU legislation completes the book.

Author : Jeff Kenner
Publisher : Bloomsbury Publishing
Page : 648 pages
File Size : 48,8 Mb
Release : 2002-12-23
Category : Law
ISBN : 9781847312471

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EU Employment Law by Jeff Kenner Pdf

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.

Author : Catherine Barnard
Publisher : Unknown
Page : 524 pages
File Size : 48,7 Mb
Release : 1995-11-09
Category : Law
ISBN : UOM:35128001857588

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EC Employment Law by Catherine Barnard Pdf

Employment law directly affects the rights and welfare of every citizen. With a workforce of over 164 million people, the EC faces a formidable task in implementing the social measures which have accompanied the foundation of a single economic market. This book provides a thorough and authoritative guide to EC employment law within a social and economic context. It also provides extensive coverage of complex equality case law and legislation

Author : Constantinos Parissis
Publisher : Constantinos Parissis
Page : 244 pages
File Size : 48,7 Mb
Release : 2000
Category : Electronic
ISBN : 8210379456XXX

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Enforcing EU employment law in the UK : the pending directives on individual labour law and the consequences of their forthcoming implementation by Constantinos Parissis Pdf

Author : Anne C. L. Davies
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 46,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781005156

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EU Labour Law by Anne C. L. Davies Pdf

'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 : Catherine Barnard
Publisher : Oxford University Press
Page : 796 pages
File Size : 44,7 Mb
Release : 2012-08-09
Category : Law
ISBN : 9780199692910

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EU Employment Law by Catherine Barnard Pdf

The new edition of this major work is a must-buy for all students studying EU employment law. It offers comprehensive coverage of an increasingly complex subject, tackling both case law and legislation, and provides detailed analysis of the EU's Directives and their impact on employment law.

Author : Stephen Hardy,Mark Butler
Publisher : Spiramus Press Ltd
Page : 388 pages
File Size : 54,9 Mb
Release : 2016-04-11
Category : Law
ISBN : 9781910151013

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European Employment Laws by Stephen Hardy,Mark Butler Pdf

The book reviews the evolution of labour law within the EU, analyses the distinct regional approaches to employment and welfare, and looks at the pressures for change within a further enlarged EU. The authors then provide a basic outline of employment law in each of the 28 member states, and in Turkey, Montenegro and Bosnia Herzegovina (all of whom are preparing for membership). In the six years since the second edition of this book was published in 2010 the economic consequences of the global financial crisis of 2008 onwards have forced many EU member states to revisit their labour laws, and attempt to make their labour markets more competitive while remaining in the EU framework. These changes have been incorporated into the third edition. The book identifies those areas where the law is unified by the enactment of European Directives, and regional differences which are potential pitfalls for employers with workers in more than one EU state. It is intended for HR persons, lawyers looking for basic knowledge, policymakers & lawmakers elsewhere in EU, and EU bodies.

Author : Alan C. Neal
Publisher : Kluwer Law International B.V.
Page : 193 pages
File Size : 42,6 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123121

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The Changing Face of European Labour Law and Social Policy by Alan C. Neal Pdf

In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.

Author : Karl Riesenhuber
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2012
Category : Employee rights
ISBN : 1780680805

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European Employment Law by Karl Riesenhuber Pdf

European employment law is becoming increasingly important. Its impact upon domestic law of the Member States is growing in fields such as fixed-term employment contracts, collective redundancies, and industrial action. This book 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. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms, and competences of the EU in the field of employment law. A systematic presentation of the conflict of law rules then follows: the Rome I and Rome II Regulations, the Posting of Workers Directive, and the Brussels Regulation on the recognition and enforcement of judgments. Subsequently, the book focuses upon individual labor 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, and 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 labor 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, as well as employment law rules contained in the Directive on cross-border mergers. (Series: Ius Communitatis - Vol. 4)

Author : Brian Bercusson
Publisher : Cambridge University Press
Page : 128 pages
File Size : 41,7 Mb
Release : 2009-07-09
Category : Law
ISBN : 9781139479943

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European Labour Law by Brian Bercusson Pdf

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 51,7 Mb
Release : 2006
Category : Charter of Fundamental Rights of the European Union
ISBN : 3832921087

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European Labour Law and the EU Charter of Fundamental Rights by Brian Bercusson Pdf

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.

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 44,9 Mb
Release : 2020-12-11
Category : Law
ISBN : 9789403528649

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Posting of Workers in EU Law by Matteo Bottero Pdf

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.