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Meaning Of Work - A Labour Law Perspective

~~137,80€~~ 124,02€ 10% OFF

 Bulletin of Comparative Labour RelationsNow that the idea of the workplace and the traditional view of working time are undergoing major challenges, it is important to rethink the questions of what is work and what is the meaning of work. This book delves into the problems and issues raised by these questions today and explores new pathways and answers. Fourteen distinguished labour and employment law experts contribute insightful examinations of developments and trends in the world of work that have a penetrating impact on the ways in which we understand and approach labour law.The book is the result of the Third Conference in Commemoration of Professor Roger Blanpain, organized by the Institute for Labour Law of KU Leuven in September 2023. In a collection of papers, the contributors explore such aspects of the rapidly changing work landscape as the following:<ul><li>working with smart technology and artificial intelligence;</li><li>protection of the self-employed and teleworkers;</li><li>the erosion of boundaries between work and personal life;</li><li>the ‘right to disconnect’;</li><li>protection of worker privacy in an era of heightened surveillance;</li><li>reconciling the EU General Data Protection Regulation (GDPR) with labour law requirements;</li><li>labour law protections beyond the human worker to include the environment;</li><li>work in periods of crisis;</li><li>precarious work;</li><li>wearable technology in workplace monitoring; and</li><li>robots in the workplace.</li></ul>With a core consideration of the relationship between labour law and the individual, the overall perspective proposes a transformative vision where labour law becomes the law of social freedom, intrinsically linked to personal development and social recognition.The diverse contributions together provide a crucial foundation for reimagining labour law and advancing our understanding of the evolving meaning of work by highlighting the necessity for legal frameworks to respond to unprecedented global, technological, and social transformations. With its practical insights into contemporary workplace issues, critical analysis of work-life balance, and guidance on managing technological change, it will be welcomed by practitioners, academics, regulators, and social partners working in the fields of labour and employment law.
ENGLISH

Meaning Of Work - A Labour Law Perspective

~~137,80€~~ 124,02€ 10% OFF

 Bulletin of Comparative Labour RelationsNow that the idea of the workplace and the traditional view of working time are undergoing major challenges, it is important to rethink the questions of what is work and what is the meaning of work. This book delves into the problems and issues raised by these questions today and explores new pathways and answers. Fourteen distinguished labour and employment law experts contribute insightful examinations of developments and trends in the world of work that have a penetrating impact on the ways in which we understand and approach labour law.The book is the result of the Third Conference in Commemoration of Professor Roger Blanpain, organized by the Institute for Labour Law of KU Leuven in September 2023. In a collection of papers, the contributors explore such aspects of the rapidly changing work landscape as the following:<ul><li>working with smart technology and artificial intelligence;</li><li>protection of the self-employed and teleworkers;</li><li>the erosion of boundaries between work and personal life;</li><li>the ‘right to disconnect’;</li><li>protection of worker privacy in an era of heightened surveillance;</li><li>reconciling the EU General Data Protection Regulation (GDPR) with labour law requirements;</li><li>labour law protections beyond the human worker to include the environment;</li><li>work in periods of crisis;</li><li>precarious work;</li><li>wearable technology in workplace monitoring; and</li><li>robots in the workplace.</li></ul>With a core consideration of the relationship between labour law and the individual, the overall perspective proposes a transformative vision where labour law becomes the law of social freedom, intrinsically linked to personal development and social recognition.The diverse contributions together provide a crucial foundation for reimagining labour law and advancing our understanding of the evolving meaning of work by highlighting the necessity for legal frameworks to respond to unprecedented global, technological, and social transformations. With its practical insights into contemporary workplace issues, critical analysis of work-life balance, and guidance on managing technological change, it will be welcomed by practitioners, academics, regulators, and social partners working in the fields of labour and employment law.
ENGLISH

Managers In European Law - Rights And Duties Of Executive And Non-Executive Managers In A European Perspective

~~147,08€~~ 132,37€ 10% OFF

 Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book - with contributions from experts across Europe - to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following:<ul><li> extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe;</li><li>comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers;</li><li>comprehensive analysis of cases before the European courts with full awareness of applicable rules;</li><li>distinction between registered front directors and those who act as de facto managers;</li><li>how employees (and to some degree other stakeholders) may be involved in management;</li><li>trends in current EU law that increase the need to protect managers;</li><li>trends that increase the need to hold managers liable;</li><li>right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and</li><li>recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer.</li></ul> According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.
ENGLISH

Managers In European Law - Rights And Duties Of Executive And Non-Executive Managers In A European Perspective

~~147,08€~~ 132,37€ 10% OFF

 Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book - with contributions from experts across Europe - to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following:<ul><li> extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe;</li><li>comprehensive interdisciplinary and comparative analysis of cross-cutting issues affecting managers in Europe, including complexities arising from national variations in governance structures and roles and functions of managers;</li><li>comprehensive analysis of cases before the European courts with full awareness of applicable rules;</li><li>distinction between registered front directors and those who act as de facto managers;</li><li>how employees (and to some degree other stakeholders) may be involved in management;</li><li>trends in current EU law that increase the need to protect managers;</li><li>trends that increase the need to hold managers liable;</li><li>right to inter alia information and consultation, occupational health and safety, non-discrimination and free movement; and</li><li>recognition that managers may not necessarily be powerful professionals with strength vis-à-vis the company as employer.</li></ul> According to EU statistics, in 2019, nearly 9.4 million persons held a managerial position across the EU’s Member States, meaning that many managers currently can no longer inherently be considered unworthy of employment protection. The legal status of these individuals thus cannot be sidestepped. This very important volume accordingly will be of value to practitioners, policymakers, and academics in employment and labour law.
ENGLISH

Employment And Vulnerabilities In The World Of Orchestral Musicians: Symphonic Metamorphoses

by Heather Kurzbauer

140,45€ + 10% CARD

 The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras.Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of "movements" that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as:<ul><li>orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe;</li><li>the impact of the perception of orchestras as "elitist" and of limited social value; discriminatory practices in auditions and hiring;</li><li>legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and</li><li>how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced.</li></ul>An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers.Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.
ENGLISH

Employment And Vulnerabilities In The World Of Orchestral Musicians: Symphonic Metamorphoses

by Heather Kurzbauer

140,45€ + 10% CARD

 The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras.Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of "movements" that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as:<ul><li>orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe;</li><li>the impact of the perception of orchestras as "elitist" and of limited social value; discriminatory practices in auditions and hiring;</li><li>legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and</li><li>how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced.</li></ul>An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers.Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.
ENGLISH

Employment Law And The European Convention On Human Rights - The Research Of The Recent Jurisprudence Of The Ecthr Related To Employment Law (2017-2021)

by Adalberto Perulli e Elena Sychenko

119,25€ + 10% CARD

 In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017-2021, many of which have not heretofore been considered in the legal literature.The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR:<ul><li>privacy and surveillance;</li><li>freedom of thought, conscience and religion;</li><li>freedom of expression;</li><li>discrimination;</li><li>unfair dismissal;</li><li>forced labour;</li><li>collective bargaining; and</li><li>the right to strike.</li></ul>The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence.As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.
ENGLISH

Employment Law And The European Convention On Human Rights - The Research Of The Recent Jurisprudence Of The Ecthr Related To Employment Law (2017-2021)

by Adalberto Perulli e Elena Sychenko

119,25€ + 10% CARD

 In recent years, the tendency of the European Court of Human Rights (ECtHR) to treat human rights as indivisible and consider cases relevant to employment has contributed significantly to jurisprudence relating to human rights at work in the Council of Europe. This indispensable book is the first to thoroughly survey and analyse recent ECtHR’s cases relevant to employment law. It is based on a deeply informed structural analysis of more than fifty cases considered by the ECtHR during 2017-2021, many of which have not heretofore been considered in the legal literature.The authors examine, in particular, the following topics raised in the jurisprudence of the ECtHR:<ul><li>privacy and surveillance;</li><li>freedom of thought, conscience and religion;</li><li>freedom of expression;</li><li>discrimination;</li><li>unfair dismissal;</li><li>forced labour;</li><li>collective bargaining; and</li><li>the right to strike.</li></ul>The authors explore the reasoning that led the ECtHR to broaden the scope of Article 8 ECHR, which protects the right to private life, in order to develop new employment rights. They also detail the impact of International Labour Organization (ILO) standards on the Court’s jurisprudence.As a clear and eminently useable guide to the applicability of ECHR for protection of labour rights and human rights at work, this book is of practical value to labour lawyers in spelling out the legal positions of the ECtHR which might support individual and collective labour rights protection in national proceedings. Academics in the field will appreciate the authors’ clarification of the trends of the ECtHR’s reasoning, especially in respect of the right to workplace privacy.
ENGLISH

Casual Work Arrangements And Platform-Based Work - The Casual Work Agenda As A Way To Enhance The Labour Protection Of Platform Workers

by Ilda Durri

124,55€ + 10% CARD

 Platform work - in which work activities are channelled through web platforms or apps - has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work - often linked to insecure or precarious working conditions - until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers.The analysis proceeds through a detailed comparative legal analysis of casual work in four industrialized countries - the United Kingdom, the Netherlands, Belgium, and Italy - shedding light on the divergent regulatory approaches to this work typology. Then, it moves on to EU legislators’ efforts to develop a regulatory matrix on casual work, focusing on directives such as those on fixed-term work, working time, and transparent and predictable working conditions. The author concludes with recommendations for redefining the EU legal initiative on platform work, in light of the national and EU legal instruments examined in this contribution. Issues, such as the insecure nature of work, unpaid stand-by time, and work insecurity, come to the fore.The purpose of this book is to assist policymakers and social partners in finding viable legal solutions to tackle some of the labour protection challenges posed by platform work. At the same time, it serves as a reminder to EU policymakers, that existing legal instruments on casual work constitute an available blueprint which could be beneficial in dealing with such regulatory problems.Issues and topics covered, in a nutshell, include the following:<ul><li>what is captured under the label of casual work arrangements;</li><li>the shared features between casual work and platform work, with a focus on their insecure working conditions;</li><li>the employment status insecurity;</li><li>the insecurity of working hours;</li><li>the uncertainty of the continuity of employment;</li><li>the income insecurity;</li><li>peculiar traits of platform work;</li><li>the development of the EU regulatory matrix on casual work;</li><li>the relevance of the directives on working time, fixed-term work, and transparent and predictable working conditions, for the protection of platform workers; and</li><li>the improvement of the proposal for a Platform Work Directive in light of the above instruments.</li></ul>
ENGLISH

Casual Work Arrangements And Platform-Based Work - The Casual Work Agenda As A Way To Enhance The Labour Protection Of Platform Workers

by Ilda Durri

124,55€ + 10% CARD

 Platform work - in which work activities are channelled through web platforms or apps - has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work - often linked to insecure or precarious working conditions - until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers.The analysis proceeds through a detailed comparative legal analysis of casual work in four industrialized countries - the United Kingdom, the Netherlands, Belgium, and Italy - shedding light on the divergent regulatory approaches to this work typology. Then, it moves on to EU legislators’ efforts to develop a regulatory matrix on casual work, focusing on directives such as those on fixed-term work, working time, and transparent and predictable working conditions. The author concludes with recommendations for redefining the EU legal initiative on platform work, in light of the national and EU legal instruments examined in this contribution. Issues, such as the insecure nature of work, unpaid stand-by time, and work insecurity, come to the fore.The purpose of this book is to assist policymakers and social partners in finding viable legal solutions to tackle some of the labour protection challenges posed by platform work. At the same time, it serves as a reminder to EU policymakers, that existing legal instruments on casual work constitute an available blueprint which could be beneficial in dealing with such regulatory problems.Issues and topics covered, in a nutshell, include the following:<ul><li>what is captured under the label of casual work arrangements;</li><li>the shared features between casual work and platform work, with a focus on their insecure working conditions;</li><li>the employment status insecurity;</li><li>the insecurity of working hours;</li><li>the uncertainty of the continuity of employment;</li><li>the income insecurity;</li><li>peculiar traits of platform work;</li><li>the development of the EU regulatory matrix on casual work;</li><li>the relevance of the directives on working time, fixed-term work, and transparent and predictable working conditions, for the protection of platform workers; and</li><li>the improvement of the proposal for a Platform Work Directive in light of the above instruments.</li></ul>
ENGLISH

Collective Labour Rights For Self-Employed Workers - A Human Rights-Based Approach Of Platform Work

by Charalampos Stylogiannis

129,85€ + 10% CARD

 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:<ul><li>problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends;</li><li>platform work’s deeper foundational implications for labour law;</li><li>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;</li><li>various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and</li><li>promising indications of closer cooperation between organised labour and workers in non-standard forms of employment.</li></ul>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.
ENGLISH

Collective Labour Rights For Self-Employed Workers - A Human Rights-Based Approach Of Platform Work

by Charalampos Stylogiannis

129,85€ + 10% CARD

 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:<ul><li>problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends;</li><li>platform work’s deeper foundational implications for labour law;</li><li>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;</li><li>various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and</li><li>promising indications of closer cooperation between organised labour and workers in non-standard forms of employment.</li></ul>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.
ENGLISH

Role Of The Court Of Justice In Eu Labour Law - A Case Study On The Transfer Of Undertakings Directive

by Silvia Rainone

147,08€ + 10% CARD

 In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues - such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy - in the context of judicial lawmaking, the author clearly defines the tensions at work:<ul><li>What normative models underlie the approaches of EU institutional policymakers with respect to labour law?</li><li>Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere?</li><li>How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law?</li><li>Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission?</li><li>What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases?</li></ul> The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them.With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
ENGLISH

Role Of The Court Of Justice In Eu Labour Law - A Case Study On The Transfer Of Undertakings Directive

by Silvia Rainone

147,08€ + 10% CARD

 In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues - such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy - in the context of judicial lawmaking, the author clearly defines the tensions at work:<ul><li>What normative models underlie the approaches of EU institutional policymakers with respect to labour law?</li><li>Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere?</li><li>How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law?</li><li>Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission?</li><li>What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases?</li></ul> The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them.With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
ENGLISH

In-Work Poverty In Europe - Vulnerable And Under-Represented Persons In A Comparative Perspective

136,48€ + 10% CARD

 In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States.The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: <ul><li>employment-related factors (wage, type of contract, atypical employment);</li><li>worker’s socio-demographic characteristics (level of education, gender, age, country of birth);</li><li>size and composition of household;</li><li>household work intensity; and</li><li>institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change).</li></ul> In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group.<p style="margin-bottom:0in;margin-bottom:.0001pt;mso-line-height-alt:10.0p...
ENGLISH

In-Work Poverty In Europe - Vulnerable And Under-Represented Persons In A Comparative Perspective

136,48€ + 10% CARD

 In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States.The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: <ul><li>employment-related factors (wage, type of contract, atypical employment);</li><li>worker’s socio-demographic characteristics (level of education, gender, age, country of birth);</li><li>size and composition of household;</li><li>household work intensity; and</li><li>institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change).</li></ul> In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group.<p style="margin-bottom:0in;margin-bottom:.0001pt;mso-line-height-alt:10.0p...
ENGLISH

International Labour Standards And Platform Work - An Analysis Of Digital Labour Platforms Based On The Instruments On Private Employment Agencies, Home Work And Domestic Work

by Mathias Wouters

140,45€ + 10% CARD

 Platform work - the matching of the supply of and demand for paid labour through an online platform - often depends on workers who operate in a "grey area" between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions - the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) - can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: <ul> <li>What are digital labour platforms?</li> <li>What does decent work mean?</li> <li>Did the ILO centenary fundamentally change anything?</li> <li>What is the link between private employment services and platform work?</li> <li>How do crowdworkers relate to homeworkers and teleworkers?</li> <li>Are platform workers engaged in domestic work?</li> <li>What form could a future ILO standard on platform work take?</li> </ul> Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread "gigification" and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
ENGLISH

International Labour Standards And Platform Work - An Analysis Of Digital Labour Platforms Based On The Instruments On Private Employment Agencies, Home Work And Domestic Work

by Mathias Wouters

140,45€ + 10% CARD

 Platform work - the matching of the supply of and demand for paid labour through an online platform - often depends on workers who operate in a "grey area" between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions - the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) - can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: <ul> <li>What are digital labour platforms?</li> <li>What does decent work mean?</li> <li>Did the ILO centenary fundamentally change anything?</li> <li>What is the link between private employment services and platform work?</li> <li>How do crowdworkers relate to homeworkers and teleworkers?</li> <li>Are platform workers engaged in domestic work?</li> <li>What form could a future ILO standard on platform work take?</li> </ul> Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread "gigification" and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
ENGLISH

Systems Of Employee Representation At The Enterprise - A Comparative Study

178,88€ + 10% CARD

 Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law - originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 - twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market.
ENGLISH

Systems Of Employee Representation At The Enterprise - A Comparative Study

by Roger Blanpain

178,88€ + 10% CARD

 Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law - originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 - twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market. Accordingly, this book will prove of inestimable value to practitioners and policymakers in labour and employment law anywhere in the world.
ENGLISH

International Labour Standards And Platform Work - An Analysis Of Digital Labour Platforms Based On The Instruments On Private Employment Agencies, Home Work And Domestic Work

by Mathias Wouters

OUT OF STOCK OR NOT AVAILABLE
ENGLISH

Systems Of Employee Representation At The Enterprise - A Comparative Study

by Roger Blanpain

OUT OF STOCK OR NOT AVAILABLE
Reizen En Ziekte

by J P M Denekens

OUT OF STOCK OR NOT AVAILABLE
ENGLISH

Kleine Ontwikkelingspsychologie Iii - De Puberjaren

by R Kohnstamm

OUT OF STOCK OR NOT AVAILABLE
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