The concept of an “employee” in EU labor law

2021 ◽  
pp. 666-671
Author(s):  
Valentin Viktorovich Tsvetkov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Employment Relationship ◽  
English Version ◽  
Conceptual Apparatus ◽  
Court Of Justice ◽  
The Status ◽  
Supranational Level ◽  
The Eu ◽  
Multilevel Regulation

The article examines the problems arising from the lack of a unified conceptual apparatus at the supranational level of the EU on the example of the absence of properly fixed signs of the status of an employee, as well as signs that allow qualifying an employment relationship. The article describes the changed practice of the Court of Justice of the EU on the issue of the extension of guarantees and rights of an employee to various persons. The problems of multilevel regulation of labor relations are fully considered, taking into account a different approach to qualify labor relations in different member states and in the EU itself. English version of the article is available at URL: https://panor.ru/articles/the-concept-of-employee-in-eu-labor-law/74819.html

PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Extensive Study ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Law System ◽  
The Subject

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

scholarly journals Commissaire Général Aux Réfugiés et Aux Apatrides v. Mostafa Lounani (C.J.E.U.)

2018 ◽  
Vol 57 (6) ◽  
pp. 1080-1096
Author(s):  
Sarah Progin-Theuerkauf
Keyword(s):  
European Union ◽  
Security Council ◽  
Geneva Convention ◽  
United Nations Security Council ◽  
The European Union ◽  
International Protection ◽  
Court Of Justice ◽  
The Status ◽  
Grand Chamber ◽  
The Eu

On January 31, 2017, the Grand Chamber of the Court of Justice of the European Union rendered its judgment in the case Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani. In the judgment, the Court had to interpret the exclusion grounds of the EU Qualification Directive of 2004 that in its Article 12(2) has literally duplicated Article 1F of the 1951 Geneva Convention Relating to the Status of Refugees. It had to answer the question of whether an applicant for international protection can be excluded from being a refugee even though it is not established that he himself committed, attempted to commit, or threatened to commit a terrorist act as defined by the resolutions of the United Nations Security Council, but has “just” been convicted of participation in the activities of a terrorist group.

scholarly journals The ‘Europe with the Regions’ before the Court of Justice

2019 ◽  
Vol 26 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Carlo Panara
Keyword(s):  
Policy Making ◽  
Case Law ◽  
Soft Law ◽  
The Political ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
The Right ◽  
Regional Languages ◽  
The Eu

This article analyses the case law of the Court of Justice of the European Union (CJEU) concerning the regions. It argues that there is a discrepancy between the progressive framing of a ‘Europe with the regions’ in the political sphere and the limited impact of the Court in this field. This discrepancy does not emerge everywhere, nor does it emerge with the same intensity in all sectors. Indeed, in a number of areas, the CJEU has acknowledged the role and responsibilities of the regions. Examples include the right/duty of the regions to implement EU obligations, the protection of regional languages, as well as the ‘sufficient autonomy’ test developed by the CJEU in relation to state aid. There is no ‘ideological opposition’ of the CJEU to an increasing ‘regionalisation’ of the EU. There are, however, structural hindrances that prevent the Court from promoting further advancements of the status of the regions in the European edifice, particularly as regards their participation in EU processes. Since the EU remains a ‘union of states’, the ‘Europe with the regions’ has developed so far, and is likely to continue to develop, via advancements reflected in policy-making practices, soft-law arrangements and Treaty amendments rather than via the ‘judge-made federalism’ of the Court.

scholarly journals Expanding the Analytical Capacities of the Labour Force Survey

2020 ◽  
Vol 87 (4) ◽  
pp. 14-20
Author(s):  
L. H. Tkachenko
Keyword(s):  
Labor Market ◽  
Labor Force ◽  
Demographic Change ◽  
Labor Relations ◽  
Labor Law ◽  
Work And Family ◽  
Life Cycles ◽  
Seasonal Adjustment ◽  
Labor Force Survey ◽  
The Status

The article formulates a number of recommendations on the areas of expanding the analytical capacities of the National Labor Force Survey with consideration to the European statistics and the needs of the current phase of labor reforms in Ukraine. The first area is about implementing the recommendations of the International Labor Organization No 198 “On Labor Relations” and the updated International Classification of Status in Employment (ICSE-18), which are becoming critically important in view of the announced reform in labor law and liberalization of labor relations. As the Labor Force Survey is the only regular source of information collected from people about their actual status on the labor market, it is supposed to lay the basis for the statistical observation of the processes and implications of the labor relations reform. The program of the National Labor Force Survey has already included the major part of questions providing for the criteria for identifying the status in employment and determining the types of labor relations, but their formulations have to be adapted to the updated labor law.          The second area concerns with the deeper processing of the survey results. It is high time to implement seasonal adjustment for the indicators of employment and unemployment. Once the experimental development of Eurostat on the statistics of labor market flows is used, it will enable for analysis and forecasting of the status transitions (employment – unemployment – inactivity) considering the individual characteristics of respondents. The labor life expectancy, estimating one’s potential lifelong participation in the labor market, should be computed for analysis of the comprehensive impact of social and demographic change and interactions of life cycles.       The third area concerns with a more sensitive approach to vulnerable groups on the labor market. Due to the demographic change like reduction of the generations in working age and ageing of the population, all the potential reserves of the labor force need to be involved. A large part of them is associated with the groups that are regarded as vulnerable or the ones distanced from the labor market, which need additional measures for activation and support. To this end, it is recommended to extend the program of the National Labor Force Survey by including analytical aspects supposed to provide information about labor market participation and employment characteristics of persons with disabilities and older employees (55–64 years), about opportunities for learning lifelong and combining work and family duties.     Also, studies of the analytical capacities of the National Labor Force Survey have to cover in-depth module interviews as a supplement to the core program of regular survey.  

Hidden Labor Relations: Current Law-Making and Law Enforcement Issues

2020 ◽  
Vol 7 ◽  
pp. 57-68
Author(s):  
I. Yu. Voronov ◽  
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Labor Law ◽  
Employment Relationship ◽  
Labor Rights ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Legal Understanding ◽  
Civil Contract ◽  
Law Making

The article analyzes the positions of experts in the field of labor law regarding the nature and types of hidden labor relations from the positions of positivism and the scientifically based concept of integrative law understanding. The author criticizes the conclusions of experts based on a positivist legal understanding according to which an employment relationship arises on the basis of the reclassification of a civil contract into an employment contract or a civil relationship into an employment relationship. Based on the analysis of labor law norms, law enforcement practice in labor disputes and scientific points of view of experts in the field of labor law, which is based on a scientifically based concept of integrative law understanding, the author comes to the conclusion that hidden labor relations are a type of labor relations, have signs of labor relations, are common in the judicial practice of labor disputes and are the most urgent problem of Russian labor law. The author analyzes two modern types of hidden labor relations from the position of a scientifically based concept of integrative law understanding: the conclusion of civil contracts instead of labor contracts and the actual admission of an employee to work by the employer or with the knowledge or on behalf of the employer or its authorized representative in the case when the labor contract was not properly executed, within three days and later after the actual admission of the employee to work. The author analyzes the ways of protection of labor rights and legal interests in the field of labor from the position of a scientifically grounded concept of integrative law understanding and formulates law-making proposals for changing the norms of labor law.

scholarly journals Dyrektor szkoły w roli pracodawcy – przegląd wybranych zagadnień funkcjonowania szkoły jako zakładu pracy

2020 ◽  
pp. 119-144
Author(s):  
Katarzyna Jadach
Keyword(s):  
Education System ◽  
Educational Institution ◽  
Labor Law ◽  
Employment Relationship ◽  
School Staff ◽  
Educational Law ◽  
Principal Autonomy ◽  
Legal Provisions ◽  
The Status ◽  
Internal Policy

One of the basic tasks that the provisions of the educational law entrust to the headteacher is to be inban employment relationship with the teachers as employees. This role is determined by the status of the educational institution as a workplace, to which the sources of universally and internally binding labor law apply. They impose a number of obligations on the employer, i.e. the headteacher, which should be interpreted in the light of the unique educational, teaching and tutoring tasks implemented within the units of the education system. Principal autonomy is also influenced by the imperative of implication in the educational reality the clause of the child’s good. It is done by application of specific legal provisions, in particular making decisions that create the internal policy of the school staff.

The Status of International Law in the EU

2021 ◽  
pp. 421-505
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
International Law ◽  
International Agreements ◽  
Legal Order ◽  
European Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
European Court ◽  
Un Security Council ◽  
The Status ◽  
The Eu

This chapter deals with the status of international law in the EU legal order under the Lisbon Treaty. It presents in great detail the most important cases of the European Court of Justice (ECJ) on the incorporation of international agreements and their rank in the domestic legal order. The origins and current practice of the doctrine of direct effect for specific provisions in an international agreement are explained. Moreover, the chapter contains an assessment of the famous ECJ Kadi-jurisprudence on the significance of human rights in the implementation of UN Security Council Resolutions on counter-terrorism. Finally, it also shows with concrete examples how the Court of Justice developed the status of customary international law in the EU.

Legal custom as a multilevel instrument of legal regulation of labor in the Russian Federation and the EU

2021 ◽  
Author(s):  
V.V. Tsvetkov
Keyword(s):  
Russian Federation ◽  
Labor Law ◽  
Legal Regulation ◽  
Point Of View ◽  
Labor Disputes ◽  
Foreign Experience ◽  
The Russian Federation ◽  
First Time ◽  
Supranational Level ◽  
The Eu

The article examines some of the issues of recognizing legal custom as a source of labor law from the point of view of the current Russian legal regulation, foreign experience and at the EU level. The practice of jurisdictional bodies in the application of legal customs as sources of labor law in the resolution of labor disputes is taken into account and evaluated. The author proposes the qualification of legal custom in the field of labor law through a set of features. The article also considers for the first time the phenomenon of legal custom as a source of labor law at the supranational level (EU level).

scholarly journals ТРУДО-ПРАВОВА ПРИРОДА ВІДНОСИН ЩОДО ВИКОНАННЯ ОБОВ’ЯЗКІВ СУДДІ У ВИГЛЯДІ ЗДІЙСНЕННЯ ПРАВОСУДДЯ

2020 ◽  
pp. 74-79
Author(s):  
М. В. Власенко
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Professional Performance ◽  
Administration Of Justice ◽  
Legal Nature ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
Qualified Work

The purpose of the article is to determine the nature of the relationship regarding the performance of the judge's duties in the form of the administration of justice. The labor-legal subtext of the categories used in the Law of Ukraine «On the Judiciary and the Status of Judges» to characterize the relationship of justice by professional judges, despite the complete absence of the words «labor» or «labor relations». The author establishes the criteria that characterize the legal regulation of the judge's activity in the form of administration of justice, which testifies to the labor-legal nature of the relations arising in this connection regarding the performance of judges' duties. Based on them, it is concluded that the judge administers justice as his / her labor function, because the legal regulation of the grounds for carrying out this activity, the organization of support of its professional performance testify to constant, systematically paid, qualified work. Thus, it provides grounds for establishing the labor law nature of the relationship regarding the performance of the judge's duties in the form of administration of justice.

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