Collective Labour Rights For Self Employed Workers
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Collective Labour Rights For Self Employed Workers
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Author : Charalampos Stylogiannis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-08-22
Collective Labour Rights For Self Employed Workers written by Charalampos Stylogiannis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-22 with Law categories.
Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.
Collective Bargaining For Self Employed Workers In Europe
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Author : Bernd Waas
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-16
Collective Bargaining For Self Employed Workers In Europe written by Bernd Waas and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with Law categories.
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.
Collective Labour Rights For Self Employed Workers
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Author : Charalampos Stylogiannis
language : en
Publisher:
Release Date : 2022
Collective Labour Rights For Self Employed Workers written by Charalampos Stylogiannis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Self Employed Workers Organize
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Author : Cynthia Cranford
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2005
Self Employed Workers Organize written by Cynthia Cranford and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
Based on case studies of different types of self-employment in Canda.
The Challenges Of Self Employment In Europe
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Author : Renata Semenza
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
The Challenges Of Self Employment In Europe written by Renata Semenza and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Business & Economics categories.
This book aims at explaining the variance in legal status, working conditions, social protection and collective representation of self-employed professionals across Europe. Despite considerable diversity, the authors observe three strategic models of mobilisation: the provision of services; advocacy, lobbying and the political role; and the extension of collective bargaining. They highlight the new urgent challenges that have emerged including the implementation of universal social protection schemes, active labour market policies likely to support sustainable self-employment, and the renewal of social dialogue through bottom-up organisations to extend the collective representation of project-based professionals.
New Forms Of Employment
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Author : Jerzy Wratny
language : en
Publisher: Springer Nature
Release Date : 2020-04-02
New Forms Of Employment written by Jerzy Wratny and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Social Science categories.
This volume is the first collection of original research brought together under the name of new forms of employment. The contributions written specifically for this project – an intruduction, conclusion, and chapters – propose to critically investigate the current state of this burgeoning and relevant research field and map out future directions. The diverse selection of research oriented on new forms of employment across the World included in this volume provides readers with a variety of topics, disciplinary angles, critical approaches and practices, methods and interpretations, emphases and voices, which, when taken together, illustrate the diversity and complexity of this dynamic and stimulating field, as well as the hightened attention to labour and employment law issues and proliferation of labour and employment law-oriented scholars. The Content · Changing patterns of work: implications for employment relationship · New forms of employment in a digital age · The protection of workers in new forms of employment · New forms of employment and challenges for the protection of collective labour rights of employees The Editors Jerzy Wratny a full professor of labour law, associated with the Institute of Law Studies of the Polish Academy of Sciences, Poland. Agata Ludera-Ruszel a Ph.D. in labour law, an assistant professor in Department of Labour Law and Social Policy at the Institute of Law of the University of Rzeszow, Poland.
Labour Law In Motion
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2005-01-01
Labour Law In Motion written by Roger Blanpain and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.
While legislation protecting employees exists in most advanced countries, the notion of who actually is an employee has become unstable. Moreover, the decentralization of traditional collective bargaining is clearly under way everywhere, and the all-important balance between workers' security and employers' flexibility continues to change radically, either retreating toward individual statutory rights or seeking new forms of employee representation. Labour Law in Motion reprints sixteen reports originally submitted to the seventh Comparative Labor Law Seminar (Tokyo Seminar) sponsored by the Japan Institute for Labour Policy and Training in March 2004. Eleven expert authors describe the situation in their respective countries with regard to issues such as the following:criteria used to determine whether a person is an employee;what categories of non-employee exist, and what measure of statutory protection is afforded to such persons;variations in the concept of employee among labour law, tax law, and social security law;regulation of terms and conditions of employment; the forms and legal nature of employee representation;current trends in deregulation or `re-regulation' of labour laws;mechanisms permitting deviation from legal norms; and,the manner and extent of labour law intervention in the labour market. All eleven authors emphasize recent and ongoing changes in their countries' labour laws and evaluate the factors that have contributed to such changes. Each author concludes that reform of traditional labour laws is indeed necessary. However, the book as a whole clearly demonstrates that the content of such reform differs from country to country, particularly in the extent to which labour law entrusts the regulation of working conditions to the market. Offering as it does a clear and concise summary of the recent and current experience of labour relations in eight major industrialized countries, Labour Law in Motion is an essential resource for professionals and officials engaged in any aspect of labour law or regulation in any country.
Labour Law In Latvia
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Author : Ineta Tāre
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-19
Labour Law In Latvia written by Ineta Tāre and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-19 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Latvia not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Latvia, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
The Future Of Nordic Labour Law Facing The Challenges Of Changing Labour Relations
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Author : Jenum Hotvedt, Marianne
language : en
Publisher: Nordic Council of Ministers
Release Date : 2020-10-09
The Future Of Nordic Labour Law Facing The Challenges Of Changing Labour Relations written by Jenum Hotvedt, Marianne and has been published by Nordic Council of Ministers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
Available online: http://urn.kb.se/resolve?urn=urn:nbn:se:norden:org:diva-6158 Is labour law in the Nordic countries prepared to meet future challenges, or is there a need for adjustments and renewal? These questions form the backdrop for the analysis in this report. The Nordic systems of labour law are built on a binary divide between employees and the self-employed. As a main rule, employees are protected by labour law, while self-employed are not, and the employer is responsible for complying with the legal framework. If future labour relations make it harder to assess whether a worker is an employee or self-employed, and to decide who is the employer, this might undermine the efficiency of labour law regulations. The report analyzes the adaptability of the legal framework, and points at strengths and weaknesses. Furthermore, the study discusses how the identified challenges can be addressed, by suggesting avenues for legal development and reform. The report is the concluding analysis of Pillar VI in the project Future of Work: Opportunities and Challenges for the Nordic Models (NFoW), funded by the Nordic Council of Ministers.
Employment Labour Law
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Author : Siân Keall
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Employment Labour Law written by Siân Keall and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
The 3rd edition takes into account the extensive changes made by the Companies Act 2006. This is an indispensable text for law students, covering all the essential areas of company law in a clear and logical format.