scholarly journals Economic Dependence and Parental Protection: A Comparative Analysis of Austrian and Slovenian Labour and Social Security Rights of Economically Dependent Self-Employed Parents

2021 ◽  
pp. 203195252110603
Author(s):  
Sara Bagari ◽  
Maria Sagmeister

Taking parental protection rights as a clear-cut field of study, this article argues that there are significant protection gaps in the social rights and employment protection of the economically dependent self-employed. Their exclusion from employment protection can be justified as far as the protective purpose is tied to the personal subordination of the employee relationship. However, certain vulnerabilities arise not from personal, but from economic dependency, whereas the changing labour market and the growing area of precarious self-employment must be considered. Comparing the rights of working parents in Slovenia and Austria, we distinguish between employees and economically dependent self-employed persons in this specific area and point to challenges for the wider field of labour and social rights. The purposes of parental protection rights are diverse; they include health protection, guarantee social security and serve equal treatment purposes. Therefore, they represent an ideal field to discuss arguments regarding the inclusion or exclusion of the economically dependent self-employed into different protective frameworks.

Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines European Union (EU) law on discrimination. It provides an overview of provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). The chapter explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113, Directive 2000/43 and Directive 2000/78.


2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.


Author(s):  
Tatyana V. Luzina ◽  
Tatyana A. Anbrekht

The study of current practices in the legal regulation of social and labour relations in the BRICS countries indicates the need to ensure equal treatment of migrant workers with national workers. Discriminatory barriers to migrant workers accessing social security systems contained in the legislation of receiving countries (the legal status of the migrant, duration of stay and other). The legislation of the country of origin of migrant workers also excludes them from the social security systems. Foreign nationals, residing temporarily in Russia, are subject to compulsory pension insurance. The payment of insurance contributions allows establishing a certain amount of pension rights. However, they often do not acquire the right to insurance, since the insurance pension is granted only to foreign nationals permanently resident in Russia. Basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance, and maternity insurance extend to foreigners legally working in China. In Brazil, foreign workers are insured under the General Social Security Regime. However, it establishes progressive premium rates. In India, international employees are required to be registered as members of the Employees’ Provident Fund and to contribute to it. Foreign nationals, who have entered South Africa to work under a contract of employment and who have been forced to leave the Republic, are not covered by the social security. It is therefore essential to design and implement policies that will strengthen the sustainability of the social security system and eliminate discriminatory norms between labor migrants and national workers.


Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for migrants. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38), it deals briefly with the provisions relating to social security.


2017 ◽  
Vol 19 (4) ◽  
pp. 353-362
Author(s):  
Anne Pieter van der Mei

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.


2016 ◽  
Vol 45 (4) ◽  
pp. 747-764 ◽  
Author(s):  
PATRICIA FRERICKS ◽  
JULIA HÖPPNER ◽  
RALF OCH

AbstractWelfare institutions have long been set up in most European countries in ways oriented towards the family as the one basic principle. Reforms in recent times however have fundamentally changed the conception of the social citizen. Yet social rights are still mainly conceptualised in the literature in terms of employee rights, and family elements are often interpreted as a kind of vestige of the traditional welfare-state policies of industrial societies.In this paper we develop a formula for making the weight of the family in social security visible and comparing it through the evaluation of cross-country levels of institutional individualisation. We deliver original theoretical, conceptual and empirical insights into the welfare-institutional order with the aim of furthering the understanding of the current social constitution of European societies. The findings show that there is considerable variation in the degree to which welfare institutions treat the social citizen as an individual and that the results do not correspond to common welfare categorisations.


2017 ◽  
Vol 7 (1) ◽  
pp. 101
Author(s):  
Muhamad Abdul Fatah Santoso

Islam as a religion concerned with justice and respect places great emphasis on human rights and responsibility. Child as a small human also has certain rights categorized into social, educational and financial rights. The social rights are divided into two categories: before birth and after birth. The social rights before birth includes right to noble parent having character and right to unborn child while the social rights after birth includes rights to lineage, suckle and nutrition, and being received by the Muslim society. The educational rights cover rights to life, general care and socialization as well as basic education, just and equal treatment, and physical education. The financial rights encompass rights to livelihood, property and inheritance. Such rights of the child guaranteed by Islam absolutely have relevance with the Convention on the Rights of the Child (CRC) adopted by the United Nations General Assembly in 1989. For enabling children to enjoy their rights, parental care plays role as a main foundation. But state and civil society organization also have key roles to play in this regard. A child friendly education may be a manifestation of social responsibility of state and civil society organization to respect and fulfill the rights of child. Such education provides a safe, clean, healthy and protective environment as well as meaningful learning for children with diverse abilities and backgrounds. Islam sebagai agama yang memperhatikan keadilan dan penghormatan memberikan penekanan yang tinggi pada hak asasi manusia dan tanggung jawab. Anak sebagai manusia kecil juga memiliki hak-hak yang dikategorisasikan ke hak-hak sosial, pendidikan, dan financial. Hak-hak sosial terbagi ke dalam duakategori: sebelum dan sesudah kelahiran. Hak-hak sosial sebelum kelahiran mencakup hak mendapatkan orangtua yang baik dan memiliki karakter, dan hak untuk tidak digugurkan dari kandungan, sementara hak-hak sosial sesudah kelahiran berupa hak mendapat silsilah keturunan yang jelas, hak mendapat air susu ibu dan gizi, dan hak diterima sebagai warga masyarakat Muslim. Adapun hak-hak pendidikan meliputi hak untuk hidup (sebagai prasyarat), hak memperoleh pengasuhan umum, hak sosialisasi, sebagaimana juga hakpendidikan dasar, hak perlakuan yang adil dan setara, serta hak pendidikan fisik. Sedangkan hak-hak finansial terdiri dari hak mendapatkan nafkah, hak memiliki harta, dan hak memperoleh warisan. Hak-hak anak yang dijamin oleh Islam tersebut ternyata relevan dengan Konvensi Hak-hak Anak yang disepakati dalam Sidang Umum Perserikatan Bangsa-bangsa (PBB) pada 1989. Untuk memungkinkan anak mendapatkan hak-haknya, perlindungan orangtua memainkan peranan sebagai landasan utama. Namun, dalam hal ini negara dan organisasi masyarakat sipil dapat juga memainkan peranan masing-masing. Pendidikan ramah anak dapat menjadi suatu perwujudan tanggung jawab sosial negara dan organisasi masyarakat sipil dalam menghormati dan memenuhi hak-hak anak. Pendidikan tersebut memberikan suatu lingkungan yang aman, bersih, sehat, dan protektif, serta pembelajaran penuh makna bagi anak-anak dengan keanekaragaman kemampuan dan latar belakang.


2020 ◽  
Vol 27 (4) ◽  
pp. 484-502 ◽  
Author(s):  
Herwig Verschueren

The posting of workers between Member States of the EU has increased dramatically over the past decade. It has led to political and legal discussions on the employment and social rights of these workers during their temporary employment in the host Member State. As far as social security is concerned, these workers remain subject to the social security system of the sending Member State, provided that a number of conditions are fulfilled. Still, the application of these conditions and control of their observance did not turn out to be efficient and was even rendered problematic by the case law of the CJEU on the meaning of the so-called posting certificates. This article takes a closer look at the role of these certificates. It the analyses and discusses the case law on this and formulates some critical comments on it.


1992 ◽  
Vol 24 (1) ◽  
pp. 261-269
Author(s):  
Michael Compson ◽  
Ron Durst

AbstractThis paper examines the impact of the Tax Reform Act of 1986 and the Social Security Amendments of 1983 on effective tax rates and average tax payments for farmers. The 1987 and 1988 Internal Revenue Service Individual Public Use Tax Files were used to estimate 1987 and 1990 tax rates and burdens. Results suggest that despite recent reductions in marginal income tax rates, the Federal income tax continues to be progressive. However, the regressive nature of the social security and self-employment tax greatly reduces the progressivity of the combined Federal income and payroll tax burden. For most farmers, combined social security and self-employment tax payments exceed Federal income tax liability.


2021 ◽  
Vol 2021 (11) ◽  
pp. 75-84
Author(s):  
Anastasiia SIMAKHOVA ◽  

The development of the social economy contributes to the well-being of the population, which is one of the main tasks of any state. The existence of certain social problems in Ukraine requires an analysis of foreign practices of implementing social goals to increase living standards. In the context of European integration aspirations, such a state for Ukraine is the neighboring Poland. To address these issues, the positive experience of social economy development and employment in Poland is analyzed and the possibilities of its application in Ukraine are outlined. The practice of social economy in Poland is considered, Ukraine and Poland are compared on particular social indicators (number of social security institutions, unemployment rate, employment rate, average monthly wage, self-employment level), the directions of social development in Poland are outlined with emphasis on their possible application in Ukraine. Taxonomic methods for determining the social development of Poland and changes in the labor market of both countries are considered. The main determinants of the Polish model of social economy are highlighted: stable economic development, which contributes to raising living standards; low unemployment; developed social infrastructure; increase in average wages; developed private social security sector; labor market stability and its ability to adapt to new challenges. A number of problematic issues in the development of the social economy in Ukraine are highlighted, in particular, the low level of wages compared to neighboring European countries; high unemployment; low level of self-employment; high level of shadow economy. Based on the analysis of the positive experience of Poland, a number of possible directions of social economy development in Ukraine are outlined.


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