scholarly journals PRACA TYMCZASOWA W ŚWIETLE PRAWA WSPÓLNOTOWEGO

2017 ◽  
Vol 8 (1) ◽  
pp. 251
Author(s):  
Anna Reda
Keyword(s):  
Temporary Employment ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Temporary Workers ◽  
The European Union ◽  
Temporary Work ◽  
Temporary Agency Work ◽  
History Of ◽  
The Moment ◽  
Suitable Framework

Temporary Agency Work in EU LegislationSummaryThe article is about the history of the temporary agency work in EU Legislation. The temporary agency work is an increasingly significant form of employment It involves a triangular arrangement in which an agency intermediates between the worker and the user enterprise in arranging temporary employment assignments. The regulation of temporary work in the European Union has been contentious for over twenty years since the Commission first proposed a directive in in 1982. The negotiations of the European Social Partners towards an EU – wide Collective Agreement on temporary work were broken down in 2002. The adoption was never immediate. There is only one directive in EU, adopted in 1991 which concerns temporary work and fixed term contracts and deals with the safety at work (Directive 91/383 of 25 June 1991). The article attempts to shows the main causes for establishing a suitable framework for temporary workers in the EU and the reasons for ceasing the Directive Project in 2002. The author also analyses the most important issues of the proposal of a Directive: equal treatment of temporary workers, collective representation, training and development opportunities. It is also an actual issue at the moment because the Portugal Presidency started working on the project of a directive concerning temporary work in 2007.

scholarly journals REGULACJE DOTYCZĄCE RÓWNEGO TRAKTOWANIA I ZAKAZU DYSKRYMINACJI W ZATRUDNIENIU TYMCZASOWYM

2016 ◽  
Vol 14 (2) ◽  
pp. 171
Author(s):  
Robert Wilczyński
Keyword(s):  
Temporary Employment ◽  
Equal Treatment ◽  
Legislative Process ◽  
Temporary Workers ◽  
Labour Law ◽  
Legal Norms ◽  
Eu Directive ◽  
Temporary Agency Work ◽  
The Social ◽  
The Eu

REGULATIONS FOR EQUAL TREATMENT AND PROHIBITION OF DISCRIMINATION IN TEMPORARY EMPLOYMENTSummaryThe article discusses the legislation on equal treatment and non-discrimination in temporary employment in the light of the requirements of the Directive of the European Parliament and the European Council 2008/104/EC of 19 November 2008 on temporary agency work. The author recalls the legislative process related to the adoption of the Directive, in particular the legal discrepancies between the social partners and between EU countries, and analyses the content of the Directive. He then presents the provisions of the Polish labour law on equal treatment and non-discrimination. The main part of the article is devoted to a discussion of the adaptation of the legal norms on equal treatment and non-discrimination in the Act of 9 July 2003 on the employment of temporary workers and other legal acts regulating this matter to the recommendations set out in this Directive. The author analyses the current level of compliance of the Polish legislation with the requirements of the EU Directive, presents controversies in the literature, and makes recommendations de lege ferenda.

scholarly journals Temporary Agency Work and Well-Being—The Mediating Role of Job Insecurity

2021 ◽  
Vol 18 (21) ◽  
pp. 11154
Author(s):  
Birgit Thomson ◽  
Lena Hünefeld
Keyword(s):  
Job Insecurity ◽  
Well Being ◽  
Health Impact ◽  
Temporary Employment ◽  
Equal Treatment ◽  
Fixed Costs ◽  
Temporary Work ◽  
Potential Health ◽  
Temporary Agency Work

Organisations use non-standard employment as a means of flexibility and reduction of fixed costs. An increasingly growing group of employees are self-employed, have work contracts such as part-time and temporary contracts or are employed by a temporary agency, a development catalysed by the COVID pandemic. Whereas there is some evidence that temporary work might affect health via job insecurity (JI )there are hardly any studies focussing on the effects and mechanisms of temporary agency work (TAW). This study sheds light on TAW’s potential health impact and the role of JI in this respect using a mediation analysis. Based on the BIBB/BAuA-Employment Survey 2018 (N = 20.021, representative of the German working population), we analysed the direct effect of TAW on cognitive and psychosomatic aspects of well-being. In particular, we considered JI as mediator for this association. In line with the potentially detrimental effects of temporary employment on well-being, we found that TAW was related to unfavourable outcomes in terms of job satisfaction, general health status and musculoskeletal complaints. JI partially mediated all three underlying associations. Organisations need to be flexible and adaptable. However, by using temporary agency employment as a means to achieve this flexibility, managers and leaders should be aware that it is related to unfavourable well-being and hence hidden costs. In using this type of employment, both the temporary work agency and the user company should consider these health risks by providing health care, options for increasing the temporary agency workers (TA), workers employability, and equal treatment between permanent and TA workers at the actual workplace.

scholarly journals Transitions from temporary employment to permanent employment among young adults: The role of labour law and education systems

2019 ◽  
Vol 55 (4) ◽  
pp. 689-707
Author(s):  
Björn Högberg ◽  
Mattias Strandh ◽  
Anna Baranowska-Rataj
Keyword(s):  
Temporary Employment ◽  
Employment Protection ◽  
Transition Rates ◽  
Temporary Workers ◽  
The European Union ◽  
Education Systems ◽  
Permanent Employment ◽  
The Road ◽  
On The Road

Temporary work is common across Europe, especially among young people. Whether temporary employment is a transitory stage on the road to standard employment, and whether this varies depending on institutional contexts, is controversial. This article investigates variability in transition rates from temporary to permanent employment across Europe, and how this is related to employment protection legislation (EPL) and the vocational specificity of education systems. We utilize harmonized panel data from the European Union Statistics on Income and Living Conditions, covering 18 European countries and including 34,088 temporary workers aged 18–30. The results show that stricter EPL is associated with lower rates of transitions to permanent employment, while partial deregulation, with strict EPL for permanent contracts but weaker EPL for temporary contracts, is associated with higher transition rates. Vocationally specific education systems have higher transition rates, on average. Moreover, the role of EPL is conditional on the degree of vocational specificity.

Between health and salary: The incomplete regulation of working time in European law

2019 ◽  
Vol 10 (4) ◽  
pp. 370-385
Author(s):  
Vincenzo Ferrante
Keyword(s):  
Health And Safety ◽  
Case Law ◽  
Working Time ◽  
Equal Treatment ◽  
Social Rights ◽  
The European Union ◽  
International Regulation ◽  
History Of ◽  
Definition Of ◽  
The Right

The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.

scholarly journals Belgian temporary workers at end of working life: an intersectional lifecourse analysis

2018 ◽  
Vol 39 (10) ◽  
pp. 2267-2289 ◽  
Author(s):  
Nathalie Burnay
Keyword(s):  
Young People ◽  
Social Inequalities ◽  
Cultural Models ◽  
Working Life ◽  
Temporary Employment ◽  
Temporary Workers ◽  
Temporary Work ◽  
Structured Interviews ◽  
Social Time ◽  
Dual Perspective

AbstractThe sector of temporary employment agencies in Belgium has been growing for more than 20 years. If temporary work is seen primarily as a path into the workforce for young people, it also concerns seniors, in increasing proportions. The problematic of end-of-career temporary work was analysed from a dual perspective, considering the embedding of temporalities in advanced modernity and more broadly the ‘lifecourse’ paradigm. A typology was created based on qualitative analysis of 36 semi-structured interviews of temporary workers ⩾45 years old. Results demonstrate how the experiences of temporary workers nearing retirement depend on professional, familial and social paths, and also reveal the presence of different cultural models: What is the importance of work in construction of an identity? What standards and values are applied? How is social time prioritised according to these norms? These analyses incorporate an intersectional framework in which gender and social inequalities structure the lives of workers approaching the end of their careers.

Stan cywilny osób homoseksualnych a zasada niedyskryminacji w orzecznictwie TSUE na tle odpowiedzi na pytanie prejudycjalne w sprawie c-267/12 – Frédéric Hay przeciw Credit Agricole mutuel de charente-maritime et des deux-sèvres

2015 ◽  
pp. 83-98
Author(s):  
Anna N. Schulz
Keyword(s):  
Case Law ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Same Sex ◽  
Council Directive ◽  
Direct Discrimination ◽  
Civil Status ◽  
Sex Orientation ◽  
The Moment ◽  
The Eu

The text shows impact of the EU law on the internal legal order in question sat the edge of competences of the Members States, as matters of civil status stay beyond the exclusive competences of the EU. The ECJ develops previous case-law concerning relation between the non-discrimination rule and sex-orientation in the labor matters. In the light of the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, the CJEU treated the French PACS concluded by a homosexual couple at the same way as a marriage in spite of the fact that the French legislation had highly differentiated both statuses at the moment when the facts of the case took place. The provisions of “the bank collective agreement, […] under which an employee who concludes a civil solidarity pact with a person of the same sex is not allowed to obtain the same benefits, such as days of special leave and a salary bonus, as those granted to employees on the occasion of their marriage, where the national rules of the Member State concerned do not allow persons of the same sex to marry” create a direct discrimination in the light of the Art.2(2)(a) of Directive2000/78/EC.

scholarly journals The Flexibility of Temporary Employment in Europe

2021 ◽  
Vol 45 (1) ◽  
pp. 309-327
Author(s):  
Margarida Rodrigues ◽  
Cidalia Oliveira ◽  
Rui Silva
Keyword(s):  
European Union ◽  
Quantitative Research ◽  
Social Protection ◽  
Geographical Area ◽  
Temporary Employment ◽  
Future Research ◽  
Temporary Workers ◽  
The European Union ◽  
Positive Relation ◽  
The Social

Temporary employment is not influenced by the unemployment rate, but shows a positive relation with the social protection expenses of the companies. Poland is the country with the highest percentage of temporary workers (2013). The objective of this research is to study this flexibility, by obtaining empirical evidence in the European Union, using a quantitative research method. Research is still missing towards a better understanding of the relation between temporary employment and unemployment. The relevance of understanding of the effects of temporary employment in the European Labor Market. As future research, it is suggested that this study be replicated for the time span of 2006 to 2020. This research focuses on the geographical area studied, providing a better understanding of the relation between temporary employment and unemployment. This research is based on quantitative research using a European Union secondary database (Eurostat).

Lisbon in Karlsruhe: Maastricht's Epigones At Sea

2009 ◽  
Vol 10 (8) ◽  
pp. 1201-1218 ◽  
Author(s):  
Christoph Schönberger
Keyword(s):  
Democratic Legitimacy ◽  
Constitutional Court ◽  
The European Union ◽  
Federal States ◽  
Basic Law ◽  
German Constitution ◽  
Federal Constitutional ◽  
History Of ◽  
The Moment ◽  
German Federal Constitutional Court

On 30 June 2009, the Second Senate of the German Federal Constitutional Court handed down its long-awaited decision on the compatibility of the Treaty of Lisbon with the German Constitution, the Basic Law. It was no surprise that the Court upheld the constitutionality of the treaty. Even the plaintiffs could not have imagined in their wildest dreams that the Court would actually say “no”. What is more than disturbing, however, is the tortuous way in which the Court's vast and verbose opinion purports to be justifying the approval of the treaty. There is probably no other judgment in the history of the Karlsruhe Court in which the argument is so much at odds with the actual result. To the point of perplexity and bewilderment, the reader of the opinion is hardly able to find any reasons supporting the outcome of the case. At the moment when the Court approves the most far-reaching revision of the European founding treaties since Maastricht, it does not present any serious argument supporting the conclusion it has reached, except sketchy evocations of a principle of “openness towards European law” it finds enshrined in the Basic Law and brief solemn reminders of a murderous past. Instead, the main thrust of the argument is a ringing indictment of European integration based on a certain idea of egalitarian and majoritarian parliamentary democracy that the Court derives from the Basic Law. Unfortunately, this standard of democratic legitimacy can only describe certain centralized states; it is unable to account for federal States, including Germany, and cannot be made to fit the federal system of the European Union.

Why choose a temporary employment?

2015 ◽  
Vol 36 (8) ◽  
pp. 1146-1163 ◽  
Author(s):  
Cristina Muzzolon ◽  
Andrea Spoto ◽  
Giulio Vidotto
Keyword(s):  
Factor Analysis ◽  
Temporary Employment ◽  
Temporary Workers ◽  
Temporary Work ◽  
Content Type ◽  
Contract Choice ◽  
Two Samples ◽  
Confirmatory Factor ◽  
Integrated Regulation ◽  
Temporary Agency Workers

Purpose – The literature on volition indicates that the only dichotomous measure that differentiates voluntary from involuntary temporary workers is unable to fully explain temporary workers’ attitudes. There are more detailed explanations of why workers choose temporary work. The purpose of this paper is to develop and validate a scale of reasons for choosing temporary employment. Design/methodology/approach – The study is divided into two parts. In the first part, 32 items were selected based on the literature. They were administered to a sample of 337 Italian temporary agency workers. Then, an exploratory factor analysis was used. In the second part of the study, previous findings were subjected to a confirmatory factor analysis (CFA) considering a sample of 325 Italian temporary agency workers. Findings – A two-factor solution (i.e. integrated regulation and identified regulation) emerged from the CFA. The authors present the scale with means and standard deviations for the measurement of the constructs. The integrated regulation subscale appears sensitive enough to differentiate the contract preference. Research limitations/implications – The two samples were from a single temporary work agency, thus they did not represent the entire heterogeneous population of temporary workers. Originality/value – This study proposes a first attempt to construct a questionnaire about the reasons for choosing temporary employment in Italy that raises questions about how institutional factors within various labor markets influence issues of volition and employment contract choice.

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