Consolidating Flexibility – Polish Working-time Regime, Gender, and Social Reproduction in the Run-up to and Since the European Union Accession

Author(s):  
Ania Zbyszewska
Author(s):  
S. M. Novradova-Vasiliadi

The article examines the legislation on working hours in the European Union. The author analyzes the fundamental acts regulating working hours within the European Union. Particular attention is given to the analysis of norms directly related to the working time regime enshrined in the European Social Charter, the Charter of the European Union and the Directive of the European Parliament and Council. The article carries out a comparative legal analysis, considers provisions for the regulation of the institution of working hours common for all Member States, which represent the minimum level of guarantees of workers' rights that each EU country must respect. The problems of regulation of labor legislation on working hours in the EU countries (cases of Germany and Greece) are studied. In addition to the standard working hours, the author identifies non-standard working time regimes in the labor legislation of the countries of the European Union. After studying the legislation on working hours of the EU countries, the author makes final conclusions.


Author(s):  
Tom Casier

Relations between the European Union (EU) and Russia have gone through a dramatic journey from close partnership to confrontation. The narratives of the crisis that erupted over Ukraine in late 2013 and early 2014 are diametrically opposed. The root causes of the crisis are primarily related to colliding visions of the European order that have existed ever since the end of the Cold War. Yet, to understand why the escalation happened at that time, one also needs to understand the dynamics of a process of increasing tensions and dwindling trust. The Ukraine crisis was thus both the outcome of an escalation of tensions and a radical rupture. In the run-up to the Ukraine crisis (2003–2013), EU–Russia relations were characterized by a Strategic Partnership. The latter was launched in 2003, closing a decade of asymmetrical EU-centric cooperation and redressing the balance in a formally equal partnership, based on pragmatic cooperation and a recognition of mutual interests. Despite high aspirations, the Strategic Partnership gradually derailed into a logic of competition. Tensions eventually crystallized around colliding integration projects: the Eastern Partnership (aiming at Association Agreements) on the EU’s side and the Eurasian Economic Union on Russia’s side. The crisis erupted specifically as the result of the choice Ukraine had to make between the two options. This choice radicalized the negative geopolitical reading that Moscow and Brussels had gradually developed of each other’s behavior. Since the start of the Ukraine crisis (2014), EU–Russia relations have been characterized by a harsh confrontation in the field of high politics. The Strategic Partnership was suspended and the EU imposed sanctions in response to Russia’s annexation of Crimea and destabilization of Ukraine. Moscow retaliated and relations became highly acrimonious. Security-related issues dominate the agenda: Russia accuses the West of neo-containment, while Moscow is blamed for undermining the pan-European border regime and security order. The stalemate between Russia and the EU (and by extension the Euro-Atlantic Community) is ambivalent. On the one hand, it has taken the form of a systemic crisis, where both parties risk running from incident to incident in the absence of effective pan-European instruments that may constrain or reverse the conflict. On the other hand, in the field of low politics, in particular trade and energy, business often seems to continue as usual.


2019 ◽  
Vol 10 (4) ◽  
pp. 343-352
Author(s):  
Manuel Antonio García-Muñoz Alhambra ◽  
Christina Hiessl

The CJEU’S Matzak judgment raises diverse and important questions concerning (not only) working time regulation in the European Union. The present special issue sheds light on some of these questions, more specifically with regard to the Working Time Directive‘s personal scope as well as the notions of working time and rest time under EU law. The Directive’s scope is linked to the concept of worker and the criteria to construct it and, in the context of the Matzak case, leads to interesting questions about the position of volunteers in EU law and the problem of concurrent contracts. In this respect, exploring a purposive approach attending to the health and safety aims of the Directive may be fruitful. The boundaries between working time and rest time are far from clear, especially in situations of stand-by and on call time. Here the proposal of an intermediate category related to the idea of quality of rest time is discussed.


2015 ◽  
Vol 17 ◽  
pp. 189-209 ◽  
Author(s):  
Jeremias PRASSL

AbstractIn this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could pose a threat to the Union’s worker-protective acquis. Having surveyed three important Directives which regulate employees’ rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers’ economic freedoms, such interference is justified and proportionate.


2017 ◽  
Vol 2 (328) ◽  
Author(s):  
Eugeniusz Kwiatkowski ◽  
Przemysław Włodarczyk

The article is focused on the problem of elasticity of employment in the economies of the European Union new member states in 2000–2014. Special attention is given to the role of types of employment contracts and their influence on the elasticity of employment. Theoretical arguments and empirical observations enable us to formulate hypothesis about a U‑shaped relationship between the share of fixed‑term employment in total employment and elasticity of employment in a given economy. We should also expect increases of price and working time elasticity in response to increases in the share of fixed‑term employment. Results of panel model estimations performed using the data for 13 new European Union member states in 2000–2014 confirm the hypothesis about an impact of share of fixed‑term employment in total employment on the elasticity of employment. In particular, an increase in the number of fixed‑term contracts results in the fall of elasticity of employment with respect to GDP and increase in the elasticity of employment with respect to real wages and working time. There is however no confirmation of the hypothesis concerning a U‑shaped relationship between elasticity of employment with respect to GDP and the share of fixed‑term emplyment.


2020 ◽  
Author(s):  
Răzvan Anghel

The article presents an analysis of the provisions of Directives 93/104/EC and 2003/88 and of the case law of the Court of Justice of the European Union, which supports the conclusion that the characteristic features of working time must be cumulatively met so that a time frame falls within this category. Next, the importance and consequences of this requirement are outlined regarding the process of delimiting working time from rest time.


Sign in / Sign up

Export Citation Format

Share Document