Collective Labour Rights For Self Employed Workers
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Collective Bargaining For Self Employed Workers In Europe
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Author : Bernd Waas
language : en
Publisher:
Release Date : 2021-02-16
Collective Bargaining For Self Employed Workers In Europe written by Bernd Waas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with categories.
Collective Bargaining for Self-Employed Workers in Europe' gives an up-to-date analysis and discussion on the law and practice of collective bargaining by and for the self-employed in Europe. The increase in the number of self-employed workers has raised the spectre of horizontal price-fixing by self-employed members of a profession. With a view to the increasing prevalence of self-employed work characterized by a manifest imbalance of bargaining power between the contracting parties, there is a vital need to overcome these obstacles to exercise an internationally recognized fundamental labour right. 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?. 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 that have regulation or practices of collective bargaining for the self-employed in place.
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.
Research Handbook On Labour Business And Human Rights Law
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Author : Janice R. Bellace
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On Labour Business And Human Rights Law written by Janice R. Bellace 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 Law categories.
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
The Cambridge Handbook Of Technological Disruption In Labour And Employment Law
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Author : Marc De Vos
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-21
The Cambridge Handbook Of Technological Disruption In Labour And Employment Law written by Marc De Vos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-21 with Law categories.
Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.
Eu Collective Labour Law
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Author : ter Haar, Beryl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-12-09
Eu Collective Labour Law written by ter Haar, Beryl 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 2021-12-09 with Law categories.
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.
The Lighthouse Function Of Social Law
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Author : Yves Jorens
language : en
Publisher: Springer Nature
Release Date : 2023-07-30
The Lighthouse Function Of Social Law written by Yves Jorens and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-30 with Law categories.
This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
The Right To Privacy The View Of Young Researchers
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Author : Bartłomiej Oręziak
language : en
Publisher: Wydawnictwo Instytutu Wymiaru Sprawiedliwości
Release Date : 2024
The Right To Privacy The View Of Young Researchers written by Bartłomiej Oręziak and has been published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Law categories.
Digital Work Platforms At The Interface Of Labour Law
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Author : Eva Kocher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-03-10
Digital Work Platforms At The Interface Of Labour Law written by Eva Kocher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.
This open access book shows how to design labour rights to effectively protect digital platform workers, organise accountability on digital work platforms, and guarantee workers' collective representation and action. It acknowledges that digital work platforms entail enormous risks for workers, and at the same time it reveals the extent to which labour law is in need of reconstruction. The book focusses on the conceptual links – often overlooked in the past – between labour law's categories and its regulatory approaches. By explaining and analysing the wealth of approaches that deconstruct and reconceptualise labour law, the book uncovers the organisational ideas that permeate labour law's categories as well as its policy approaches in a variety of jurisdictions. These ideas reveal a lack of fit between labour law's traditional concepts and digital platform work: digital work platforms rarely behave like hierarchical organisations; instead, they more often function as market organisers. The book provides a fresh perspective for international academic and policy debates on the regulation of digital work platforms, as well as on the purposes and foundations of labour law. It offers a way out of the impasse the debate around labour law classification has reached, by showing what labour law could learn from digital law approaches to platforms – and vice versa. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Challenging The Legal Boundaries Of Work Regulation
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Author : Judy Fudge
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-07-11
Challenging The Legal Boundaries Of Work Regulation written by Judy Fudge and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-11 with Law categories.
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labour regulation, this collection of original case studies illustrates the wide range of different forms of regulation designed to provide decent work. The original case studies cover a diversity of workers from across developed and developing countries, the formal and informal economies and public and private work spaces. Each deals with the failings of traditional labour law, and several explore the capacity of different forms of regulatory techniques, such as commercial law, corporate codes of conduct, or supply chain regulation, to protect workers.