Terms and Conditions of Employment for Non-fixed Term Worker and Application of Equal Treatment Principle

2021 ◽  
Vol 56 (3) ◽  
pp. 159-201
Author(s):  
Ji-Soon Park
Keyword(s):  
Equal Treatment ◽  
Treatment Principle ◽  
Conditions Of Employment

The Role of Effective Enforcement in International Law on Labour Migration

2020 ◽  
Vol 17 (1) ◽  
pp. 206-232
Author(s):  
Petra Herzfeld Olsson
Keyword(s):  
The State ◽  
Equal Treatment ◽  
Labour Migration ◽  
Access To Justice ◽  
The Social ◽  
Wide Range ◽  
Monitoring And Enforcement ◽  
Treatment Principle ◽  
Migration Law

Labour migrants shall according to the ILO and UN conventions on labour migration be provided with equal treatment with local workers with regard to working conditions including pay. Factors like migration law (creating dependence on employers and fears of expulsion) and limited access to justice, challenge the enforcement of the equal treatment principle. The social dumping argument has been raised by actors arguing for the closure of borders. However, labour migration is a feature of contemporary labour markets and the future world of work. Instead of rising walls measures to overcome obstacles against equal treatment must be considered. Effective monitoring and enforcement are crucial in this respect. The explicit enforcement provisions in the ILO and UN conventions are quite vague. In this paper it will be analysed to what extent the monitoring bodies of the relevant ILO and UN conventions demand for effective monitoring and enforcement of the equal treatment principle in their comments to the state parties and what kind of measures they suggest that the state parties shall take to make the equal treatment principle a reality. The analysis reveals that the monitoring bodies apply a context based interpretation of the provisions in the conventions, suggesting a wide range of measures to overcome the obstacles mentioned. The division between migration law and labour law turns out to be of less importance than the ambition to make equal treatment a reality.

Redressing the Balance: Positive Action, Quotas, Political Shortlists, and Associations

2021 ◽  
pp. 224-259
Author(s):  
Rachel Crasnow QC
Keyword(s):  
Equal Treatment ◽  
Positive Action ◽  
Treatment Principle

This chapter studies positive action to secure full equality in practice, assessing when it is permissible to take positive action in relation to equality issues. It also considers the specific issue of all-women shortlists for elected positions. The key provisions in the Equality Act 2010 are in Chapter 2 Positive Action, which is in Part 11 Advancement of Equality. Section 158 concerns Positive Action in general and section 159 concerns specifically Positive Action: Recruitment and Promotion. These sections intersect with other provisions of the Act, for instance those in which certain otherwise discriminatory conduct is rendered permissible by occupational requirements or because it is otherwise justified. These provisions all reflect core ideas in the centre of the equal treatment principle.

The Equal Treatment Principle in Wages

2019 ◽  
Vol 47 ◽  
pp. 83-122
Author(s):  
Jae-Hyung Do
Keyword(s):  
Equal Treatment ◽  
Treatment Principle

Is there transgender bias in the courtroom?

2020 ◽  
Vol 42 (6) ◽  
pp. 1531-1545
Author(s):  
André L. Honorée ◽  
Rusty Juban
Keyword(s):  
Political Party ◽  
Employment Discrimination ◽  
Equal Treatment ◽  
District Courts ◽  
Chi Square ◽  
Content Type ◽  
The Us ◽  
Treatment Principle ◽  
Federal Judges ◽  
Practical Implications

PurposeThis study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.Design/methodology/approachUtilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.FindingsThe results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.Practical implicationsThe study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.Social implicationsSuch research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.Originality/valueNo research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.

scholarly journals Freedom of Contract against the Constitutional Non-discrimination Principle

2018 ◽  
pp. 37-60
Author(s):  
Andrzej Bierć
Keyword(s):  
Fundamental Rights ◽  
Equal Treatment ◽  
Party Autonomy ◽  
Freedom Of Contract ◽  
Legal Remedies ◽  
Personal Rights ◽  
Treatment Principle ◽  
European Standards ◽  
Model Law ◽  
Theoretical Considerations

The purpose of the theoretical considerations contained in this article is to attempt to define the ways to eliminate conflicts between the constitutional non-discrimination principle, as a reflection of the equal treatment principle, and the freedom of contract principle, as a reflection of the constitutionally protected party autonomy principle, which is a foundation of private law. On the background of the horizontal effect (radiation) of constitutional fundamental rights on individual rights, a question arises about which criteria shall decide in practice about the resolution of conflicts between the aforementioned principles within diversified trading, including mass consumer trading. In particular, a very important issue in the context of European standards, including European model law, is the question about the legal remedies (of a property [pecuniary] and non-property [nominal] nature) which may serve to eliminate the consequences of infringement of non-discrimination rights in the process of contracting. There is also the question of how far in scope the traditional civil law remedies serving the protection of personal rights – apart from instruments established by non-discrimination regulations – may find application in this field if vivid manifestations of non-discrimination violate human dignity, which is the foundation of the protection of personal rights.

scholarly journals Majorities and Minarets: Religious Freedom and Public Space

2014 ◽  
Vol 46 (2) ◽  
pp. 437-456 ◽  
Author(s):  
David Miller
Keyword(s):  
National Identity ◽  
Public Space ◽  
Religious Freedom ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Human Right ◽  
Religious Minorities ◽  
Democratic Deliberation ◽  
Public Expression ◽  
Treatment Principle

The problem raised when democratic majorities take decisions that impose restrictions on religious minorities may be avoided through ‘the strategy of privatization’, but not when the issue is the character of public space. This article considers a challenging case: the Swiss referendum decision to ban any future construction of Islamic minarets. It examines two grounds for opposition: the human right to freedom of religion, and the liberal principle of equal treatment of cultures. It argues that the human right is too limited, and that the equal treatment principle can be trumped by considerations of national identity when public space is involved. Nevertheless, the content of that identity and its public expression must remain open to democratic deliberation, and the Swiss decision can be faulted on those grounds.

scholarly journals Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law

2017 ◽  
Vol 18 (7) ◽  
pp. 1797-1822 ◽  
Author(s):  
Sara Iglesias Sánchez
Keyword(s):  
Equal Treatment ◽  
Immigration Law ◽  
The Status ◽  
Treatment Principle ◽  
Legal Difficulties ◽  
Constitutional Identity ◽  
Point Of Reference ◽  
The Eu

This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.

Case C-181/19, Jobcenter Krefeld: The End of the Union Citizenship as Previously Understood?

2021 ◽  
Vol 14 (4) ◽  
pp. 47-64
Author(s):  
Jaan Paju
Keyword(s):  
Social Security ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
Treatment Principle ◽  
Social Security Benefits ◽  
Rule Out

The European Court of Justice has taken a restrictive approach vis-à-vis economically inactive Union citizens ever since its rulings Brey and Dano. In a recent preliminary ruling, Case C-181/19 Jobcenter Krefeld, the Court confirms this approach with regard to social security benefits that resemble social assistance. Such benefits fall, just as the Court in held in Brey and Dano, under the Citizenship Directive and can be made dependent upon a right to reside. Thereby, the Court holds that the Citizenship Directive overrule Regulation 883/2004, that coordinates social security benefits, and its equal treatment principle which rule out additional residence requirements. However, the Court clarifies that if there is a right to reside on basis of Regulation 492/2011, such a right overrides the more restrictive right to reside that follows from the Citizenship Directive. Different standards seem to apply to economically active Union citizens and economically inactive Union citizens. Challenges lie ahead for the Member States' administrations as different authorities apply the respective Union law instruments.

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