scholarly journals The right to request flexible working arrangements under the Work-life Balance Directive – A comparative perspective

2021 ◽  
pp. 203195252110382
Author(s):  
Lisa Waddington ◽  
Mark Bell
Keyword(s):  
Parental Leave ◽  
Work And Family ◽  
Work Life ◽  
Work Life Balance ◽  
Full Potential ◽  
Life Balance ◽  
Legal Provisions ◽  
Flexible Working ◽  
Time Work ◽  
The Right

The 2019 Work-life Balance Directive creates a new right for parents and carers to request flexible working arrangements for caring purposes. The significance of this innovation has been heightened by the pandemic because it includes the right to request remote working arrangements. This article undertakes a contextual and comparative analysis in order to understand better the strengths, limitations and opportunities created by the Directive. It compares the right to request flexible working arrangements to provisions found in existing Directives on parental leave and part-time work, as well as protections that may be derived from EU equality law. It looks also at examples of existing legislation in two jurisdictions, the Netherlands and Australia, in order to illustrate the options available to Member States when they implement this right within domestic law. The article concludes that the full potential of this right can only be understood when it is viewed as part of a wider range of legal provisions that assist in the reconciliation of work and family life.

5. The work–life balance legislation

2019 ◽  
pp. 366-429
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Parental Leave ◽  
Working Hours ◽  
Work Life ◽  
Work Life Balance ◽  
Life Balance ◽  
Flexible Working ◽  
The Law ◽  
The Right ◽  
Rest Breaks ◽  
Balance Problems

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on the controls over working hours and rest breaks and the right to paid annual leave in the Working Time Regulations; the law on maternity, adoption, paternity, shared parental and other parental leave; and the right to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them and assesses whether the law delivers effective and useful rights. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home.

9. Work–Life Balance

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Family Responsibilities ◽  
Life Balance ◽  
Flexible Working ◽  
Family Friendly ◽  
The Right ◽  
Employment Rights

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the right to request flexible working and right to take time off work to deal with dependants.

REFLECTIONS ON WORK-LIFE BALANCE FOR PARENTS AND GUARDIANS IN THE LIGHT OF DIRECTIVE (EU) 2019/1158 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 189-207
Author(s):  
Justyna Czerniak-Swędzioł ◽  
Ewelina Kumor-Jezierska
Keyword(s):  
Parental Leave ◽  
European Parliament ◽  
Work And Family ◽  
Work Life ◽  
Work Life Balance ◽  
Life Balance ◽  
Council Directive ◽  
Flexible Working ◽  
Minimum Requirements ◽  
Market Opportunities

In this article the authors submit thorough analysis a new Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers as well as the repealing Council Directive 2010/18/EU that entered into force on August 1, 2019, paying special attention to adjusting domestic regulations to it. The solutions adopted in this Directive lay down minimum requirements designed to achieve equality between men and women regarding labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers. To that end, this Directive 2019/1158 provides for individual rights related to the following: paternity leave, parental leave and carers’ leave, flexible working arrangements for workers who are parents, or carers.

scholarly journals Women’s employment patterns after childbirth and the perceived access to and use of flexitime and teleworking

2017 ◽  
Vol 71 (1) ◽  
pp. 47-72 ◽  
Author(s):  
Heejung Chung ◽  
Mariska van der Horst
Keyword(s):  
Labour Market ◽  
Working Hours ◽  
Work Life ◽  
Work Life Balance ◽  
Life Balance ◽  
Flexible Working ◽  
Large Household ◽  
Family Demands ◽  
The Uk ◽  
The Right

This article sets out to investigate how flexitime and teleworking can help women maintain their careers after childbirth. Despite the increased number of women in the labour market in the UK, many significantly reduce their working hours or leave the labour market altogether after childbirth. Based on border and boundary management theories, we expect flexitime and teleworking can help mothers stay employed and maintain their working hours. We explore the UK case, where the right to request flexible working has been expanded quickly as a way to address work–life balance issues. The dataset used is Understanding Society (2009–2014), a large household panel survey with data on flexible work. We find some suggestive evidence that flexible working can help women stay in employment after the birth of their first child. More evidence is found that mothers using flexitime and with access to teleworking are less likely to reduce their working hours after childbirth. This contributes to our understanding of flexible working not only as a tool for work–life balance, but also as a tool to enhance and maintain individuals’ work capacities in periods of increased family demands. This has major implications for supporting mothers’ careers and enhancing gender equality in the labour market.

5. The work–life balance legislation

2019 ◽  
pp. 351-419
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Family Life ◽  
Parental Leave ◽  
Gender Norms ◽  
Work Life ◽  
Work Life Balance ◽  
Central Theme ◽  
Life Balance ◽  
Flexible Working ◽  
Rest Breaks ◽  
Balance Problems

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.

scholarly journals Work-life balance and the legal right to request flexible working arrangements

2014 ◽  
Vol 9 (2) ◽  
pp. 175-186 ◽  
Author(s):  
L Dancaster
Keyword(s):  
Work And Family ◽  
Work Life ◽  
Work Life Balance ◽  
New Right ◽  
International Studies ◽  
Life Balance ◽  
Flexible Working ◽  
Family Friendly ◽  
The Government ◽  
Legal Right

In 2003, eligible employees in the United Kingdom acquired the legal right to request flexible working arrangements. The government believes that this new right will provide parents with greater choice and support in balancing work and childcare, whilst being compatible with business efficiency. This article critically appraises this new right and examines how it is applied in relation to other UK legislation on discrimination and unfair dismissal. An overview of international studies on corporate efforts to introduce family-friendly arrangements, and an overview of governmental efforts to address the reconciliation of work and family-life is provided in this article, with a view to arguing that there is a need, in South Africa, for state policy regarding work-life balance and for further research into corporate efforts to introduce family-friendly work arrangements.   

scholarly journals A comparative analysis of flexible working patterns in Germany and Turkey

2020 ◽  
Vol 9 (4) ◽  
pp. 01-14
Author(s):  
Fulya Aydınlı Kulak ◽  
Vala Lale Tüzüner
Keyword(s):  
Work Life ◽  
Work Life Balance ◽  
Chi Square ◽  
Life Balance ◽  
Overtime Work ◽  
Home Based ◽  
Flexible Working ◽  
Time Work ◽  
Part Time ◽  
Chi Square Analysis

In this study, the extent of flexible working patterns beginning to replace the conventional working models is examined in companies in Turkey and Germany and the extent of flexible working patterns in the two countries is compared. The objectives of the study are to determine the prevalence of these patterns and to find out the similarities and differences regarding flexible working in the two countries. The flexible working patterns focused on in this study are weekend work, shiftwork, overtime work, part-time work, job sharing, flexitime, fixed-term contracts, home-based work, telecommuting, and compressed workweeks. The research, which is designed with the last round database of the CRANET Survey on Comparative Human Resource Management Research, includes the companies in Turkey and Germany of the 35 participating countries (154 companies from Turkey and 278 companies from Germany which makes a total of 432 companies). In the findings section, first of all, the prevalence of each flexible working pattern in the two countries has been presented. Chi-square analysis has been conducted for each of the flexible working patterns to find out if there are any significant differences in the prevalence of these models in the two countries. As a result, it is determined that the extent of the nine flexible working patterns differed in the two countries. This is to say that the prevalence of several flexible working patterns ensuring the work-life balance of the employees is higher in Germany whereas flexible patterns used for economic reasons and do not add value to the work-life balance of the employees are usually prevalent in Turkey. The only similarity between the two countries is the use of home-based work.  

A Father’s Entitlement to Paternity and Parental Leave in Lithuania: Necessary Legislative Changes Following the Adoption of the Directive on Work–Life Balance

2021 ◽  
Vol 46 (2) ◽  
pp. 179-202
Author(s):  
Ingrida Mačernytė-Panomariovienė ◽  
Rytis Krasauskas
Keyword(s):  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Good Work ◽  
Equal Opportunities ◽  
The European Union ◽  
Life Balance ◽  
Eu Directive ◽  
Flexible Working ◽  
Legislative Changes

Abstract There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and rights at work. In reality, thus far these measures have not been effective enough. The new Directive (EU) 2019/1158 on work–life balance for parents and carers, adopted on 20 June 2019, seeks to increase the take-up of family-related leave and flexible working arrangements by men (fathers). The purpose of this article is to assess what effects this new EU directive will have upon Lithuanian law in this area.

9. Work–Life Balance

2020 ◽  
pp. 309-346
Author(s):  
David Cabrelli
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Family Responsibilities ◽  
Life Balance ◽  
Flexible Working ◽  
Personal Services ◽  
Family Friendly ◽  
Employment Rights

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.

scholarly journals Flexible Working, Work–Life Balance, and Gender Equality: Introduction

2018 ◽  
Vol 151 (2) ◽  
pp. 365-381 ◽  
Author(s):  
Heejung Chung ◽  
Tanja van der Lippe
Keyword(s):  
Division Of Labour ◽  
Work And Family ◽  
Work Life ◽  
Policy Implications ◽  
Work Life Balance ◽  
Special Issue ◽  
Life Balance ◽  
Family Outcomes ◽  
Flexible Working ◽  
The Us

AbstractThis special brings together innovative and multidisciplinary research (sociology, economics, and social work) using data from across Europe and the US to examine the potential flexible working has on the gender division of labour and workers’ work–life balance. Despite numerous studies on the gendered outcomes of flexible working, it is limited in that the majority is based on qualitative studies based in the US. The papers of this special issue overcome some of the limitations by examining the importance of context, namely, family, organisational and country context, examining the intersection between gender and class, and finally examining the outcomes for different types of flexible working arrangements. The introduction to this special issue provides a review of the existing literature on the gendered outcomes of flexible working on work life balance and other work and family outcomes, before presenting the key findings of the articles of this special issue. The results of the studies show that gender matters in understanding the outcomes of flexible working, but also it matters differently in different contexts. The introduction further provides policy implications drawn from the conclusions of the studies and some thoughts for future studies to consider.

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