The Favourability Principle Under The Posting Of Workers Directive Minimum Rates Of Pay
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The Favourability Principle Under The Posting Of Workers Directive Minimum Rates Of Pay
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Author : Marzena Madrak
language : en
Publisher: Key Editore
Release Date : 2019-02-26
The Favourability Principle Under The Posting Of Workers Directive Minimum Rates Of Pay written by Marzena Madrak and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-26 with categories.
The book discusses the specific conflict-of-law rule provided for in the Posted Workers Directive under Article 3 (1) and the derogation of this rule resulting from the principle of advantage laid down in Article 3 (7). It outlines the operation of the favourability principle with regard to minimum rates of pay and the practical aspects of the operation of this principle in litigation.
Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero 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 2020-12-11 with Law categories.
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.
European Citizenship Under Stress
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Author : Nathan Cambien
language : en
Publisher: BRILL
Release Date : 2020-09-07
European Citizenship Under Stress written by Nathan Cambien and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-07 with Law categories.
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.
Protection Of Taxpayers
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Author : Natalia Vorobyeva
language : en
Publisher: Key Editore
Release Date : 2019-09-21
Protection Of Taxpayers written by Natalia Vorobyeva and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-21 with Law categories.
The book focuses on the protection afforded to taxpayers by the European Convention on Human Rights. It discusses the procedural guarantees of Article 6 of the Convention and the substantive rights guaranteed to taxpayers by Article 1 of Protocol no. 1 to the Convention (protection of property) and Article 14 of the Convention (prohibition of discrimination). These rights and guarantees are analysed through the prism of wide margin of appreciation afforded to the States in designing and implementing their tax policies.
Violence Against Women
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Author : Daniela Simona Tatu
language : en
Publisher: Key Editore
Release Date : 2019-03-21
Violence Against Women written by Daniela Simona Tatu and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with categories.
Ms Daniela-Simona Tatu holds a Master’s Degree in Criminal Law from the Police Academy of Bucharest (Romania) and works as a Public Prosecutor within the Prosecution Office attached to the Bucharest Fourth District Court. Since September 2015 she has been seconded with the European Court of Human Rights, position which allows her to have a closer look into the above mentioned judicial body mechanism. Her main areas of interest are international criminal law and international protection of human rights, areas in which she conducts various researches and publishes on the subject
Collective Agreements
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Author : Susan Hayter
language : en
Publisher:
Release Date : 2018
Collective Agreements written by Susan Hayter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Collective labor agreements categories.
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Justice Home Affairs And Security European And International Institutional And Policy Development
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Author : G. Vermeulen
language : en
Publisher: Maklu
Release Date : 2017-02-15
Justice Home Affairs And Security European And International Institutional And Policy Development written by G. Vermeulen and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-15 with Law categories.
This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.
D Claration De Principes Tripartite Sur Les Entreprises Multinationales Et La Politique Sociale
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Author :
language : fr
Publisher: International Labour Organization
Release Date : 2001
D Claration De Principes Tripartite Sur Les Entreprises Multinationales Et La Politique Sociale written by and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Employees categories.
Smart Public Procurement And Labour Standards
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Author : Albert Sánchez Graells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
Smart Public Procurement And Labour Standards written by Albert Sánchez Graells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Labour Law
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Author : Hugh Collins
language : en
Publisher: Cambridge University Press
Release Date : 2019-10-17
Labour Law written by Hugh Collins 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 2019-10-17 with Business & Economics categories.
Written by prominent UK labour lawyers, this textbook is comprehensive and engaging, with detailed commentary and integrated materials.