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 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.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

scholarly journals Realizing the Social Dimension of EU Coastal Water Management

2021 ◽  
Vol 13 (4) ◽  
pp. 2261
Author(s):  
David Langlet ◽  
Aron Westholm
Keyword(s):  
Coastal Waters ◽  
Spatial Planning ◽  
Focal Point ◽  
Current System ◽  
Social Systems ◽  
Ecological Systems ◽  
Social Dimension ◽  
Eu Directive ◽  
The Social ◽  
The Eu

In the last 20 years, the EU has adopted some rather ambitious pieces of legislation with the aim to achieve a good environmental status in freshwater and marine ecosystems. Both the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD) have a strong focus on the natural environment and biological criteria for assessing the status of the relevant ecosystems. In the same time period, much research on environmental governance has focused on the interconnectedness of social systems and ecosystems, so-called social-ecological systems (SES). While having high aspirations, the legal frameworks underpinning current EU water and marine management do not necessarily reflect the advances of contemporary science relating to SES. Using the geographical intersection of the two directives, i.e., coastal waters as a focal point, the paper explores the inchoate integration of social and ecological perspectives in the EU marine governance. What are the main challenges for the current EU legal regimes for managing coastal waters in a way that builds on the understanding of social and ecological systems as interconnected? Having explored the two directives, the paper introduces the possibility of using marine spatial planning (MSP), and the EU directive establishing a framework for maritime spatial planning (MSPD) as a bridge between the social and ecological dimensions and discusses what implications this would have for the current system for governing coastal waters in Europe.

The temporary employed in Poland: Beneficiaries or victims of the liberal labour market?

2015 ◽  
Vol 38 (3) ◽  
pp. 400-424 ◽  
Author(s):  
Michał Pilc
Keyword(s):  
Labour Market ◽  
Empirical Studies ◽  
Panel Study ◽  
Temporary Employment ◽  
Negative Consequences ◽  
Eu Countries ◽  
Future Career ◽  
The Social ◽  
Over Time ◽  
The Eu

Poland has had the highest incidence of temporary employment among the EU countries since 2009. However, due to a lack of proper data, only a few empirical studies have been devoted to analyse the consequences of temporary employment for future career and economic prospects on the Polish labour market. In this study the data from the Social Diagnosis panel study for the years 2009–2013 are used in order to analyse these consequences. The results reveal that although the chances for the temporary employed of finding a permanent job increase and the risk of being unemployed decreases over time, the negative consequences of temporary employment for income and its perceived stability do not seem to diminish.

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).

The CJEU’s case law on the role of posting certificates: A missed opportunity to combat social dumping

2020 ◽  
Vol 27 (4) ◽  
pp. 484-502 ◽  
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Member State ◽  
Case Law ◽  
Temporary Employment ◽  
Social Rights ◽  
The Social ◽  
And Control ◽  
Missed Opportunity ◽  
The Eu

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.

scholarly journals The Labyrinth of Employment and Social Rights in the EU Intra-Corporate Transfer Directive

2020 ◽  
pp. 203195252096736
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Migrant Worker ◽  
Migration Policy ◽  
Equal Treatment ◽  
Temporary Workers ◽  
Member States ◽  
The Status ◽  
The Right ◽  
Rome I ◽  
The Eu

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?

scholarly journals “Dispersed” Public Authority in Labour Law: Systematic Dilemmas in Law Continued

2021 ◽  
Vol 28 (1) ◽  
pp. 27-36
Author(s):  
Anna Musiała
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Public Authority ◽  
Labour Law ◽  
Public Interests ◽  
Freedom Of Contract ◽  
Personal Data Protection ◽  
The Social ◽  
Contract Of Employment ◽  
The Eu

The doctrinal discussion on personal data protection regulated by the EU regulation, i.e. the GDPR, appears to re-create a vibrant and never-ending debate on the private law nature of the employer who does not implement the principle of freedom of contract when concluding a contract of employment. Because it is simply an entity pursuing public interests. The social labour inspector is a prototype of data protection officer in the field of labour law. As a matter of fact, he is also executing this “dispersed” public authority in labour law.

A case study of temporary work agencies in the Norwegian construction sector

2012 ◽  
Vol 18 (4) ◽  
pp. 461-470
Author(s):  
Anne Mette Ødegård ◽  
Øyvind Berge ◽  
Kristin Alsos
Keyword(s):  
Construction Sector ◽  
Temporary Work ◽  
Eu Member States ◽  
Eu Directive ◽  
Temporary Agency Work ◽  
Temporary Work Agencies ◽  
The Impact ◽  
New Eu Member States ◽  
The Eu

The temporary work agency sector in Norway is diverse and growing. Since the EU enlargements of 2004 and 2007, it has also experienced a large influx of workers from the new EU Member States, especially in construction. This has led to more informal and undeclared business activities in the hiring industry. In this article we show some of the consequences of this development. We also discuss the impact of various national regulations in this sector and whether new EU regulation, namely the EU Directive on temporary agency work, might improve the situation.

scholarly journals The Court of Justice of the European Union and fixed-term work: Putting a brake on labour market dualization?

2017 ◽  
Vol 27 (3) ◽  
pp. 295-310
Author(s):  
Caroline de la Porte ◽  
Patrick Emmenegger
Keyword(s):  
European Union ◽  
Labour Market ◽  
Case Law ◽  
Analytical Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Labour Law ◽  
Contractual Arrangements ◽  
Eu Directive ◽  
Court Of Justice

While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed-term work and connecting it to the literatures on labour market dualization and Europeanization of labour law. We develop an analytical framework to analyse the Europeanization of labour law, which we then use to analyse the directive and the case law regarding the directive on fixed-term work. Our findings show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts, such as for social policy purposes, while others prohibit their use. We therefore conclude that the CJEU does not put a brake on labour market dualization, but it does insist on equal treatment of workers, regardless of their contractual arrangements.

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