scholarly journals Predictability of working conditions as a prerequisite for effective exercise of labor rights: A review of directive (EU) 2019/1152

2020 ◽  
Vol 54 (4) ◽  
pp. 1339-1362
Author(s):  
Ljubinka Kovačević
Keyword(s):  
Working Conditions ◽  
Labor Rights ◽  
The European Union ◽  
Social Law ◽  
Self Employment ◽  
Council Directive ◽  
Wide Circle ◽  
Employment Rights ◽  
Obligation To Inform ◽  
The Eu

Employee, as a weaker (legally subordinate and economically dependent) party to the employment relationship, needs to be informed about working conditions in a timely and appropriate manner, especially in countries where the employment contract does not have to be concluded in writing. Providing information on working conditions to the employees, therefore, represents an important prerequisite for effective enjoyment of employment rights, because it allows them to properly assess their own employment status, and in the event of a labor dispute, makes it easier to prove the contractual working conditions. This can also contribute to the fairness of the competition on the market, as well as the suppression of undeclared work, because absence of an employer's written notice regarding working conditions can serve as an indicator, to the labor inspection and other relevant authorities, of violation of labor rights in a particular entreprise. Although an employer's obligation to inform workers about working conditions is regulated in detail by the Council Directive 91/533/EEC at the EU level, many workers are denied written notice, due to, amongst other things, the emergence of new forms of employment that are heavily associated with the risk of difficulty in exercising labor rights. Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union, which is applied to the new forms of employment, as well as to bogus self-employment seeks to overcome this risk, and, in addition to expanding the circle of persons who have to be notified, it also establishes the catalog of minimum rights of all workers. Therefore, the article critically discusses the key solutions from the new directive, pointing out the risk that such a wide circle of protected persons may deter employers from establishing employment, as well as from consistent application of relevant (labor law, social law and tax law) regulations.

EUROPEAN AUTONOMOUS EMPLOYEE DEFINITION. A REASON FOR A DISCUSSION OVER DEVELOPMENT OF EMPLOYMENT RIGHTS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 129-137
Author(s):  
Joanna Unterschütz
Keyword(s):  
European Union ◽  
Working Conditions ◽  
Trade Unions ◽  
Employment Law ◽  
Paid Work ◽  
The European Union ◽  
Labour Law ◽  
Definition Of ◽  
Employment Rights ◽  
The Eu

For many years, there has been a discussion in the study of Polish labour law on the legitimacy of replacing labour law with employment law as a broader category, including also people who perform paid work on other grounds. The implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union should also cover a wider group of people performing paid work. The EU legislator, when defining the subjective scope, refers to the autonomous EU definition of an employee created by the CJEU, which is broader than many national definitions. Despite the objections raised against the concept of employment law, the implementation of the directive may be a step towards building a new field of law, just as the extension of the subjective scope of the Act on Trade Unions contributed to the creation of collective employment law.

Delivering on the European Pillar of Social Rights: The New Directive on Transparent and Predictable Working Conditions in the European Union

2019 ◽  
Vol 48 (4) ◽  
pp. 604-623 ◽  
Author(s):  
Bartłomiej Bednarowicz
Keyword(s):  
European Union ◽  
Working Conditions ◽  
Critical Assessment ◽  
Social Rights ◽  
The European Union ◽  
On Demand ◽  
Employment Conditions ◽  
Scope Of Application ◽  
Enforcement Mechanisms ◽  
Obligation To Inform

Abstract Chapter II of the European Pillar of Social Rights envisages fair working conditions that are further spelled out in two principles on secure and adaptable employment (Principle 5) and information about employment conditions and protection in dismissals (Principle 7). In order to deliver on this framework, in December 2017 the European Commission presented an ambitious and far-reaching proposal for a Directive on transparent and predictable working conditions in the European Union that would repeal Directive 91/533/EC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship. The proposal, after a series of uneasy negotiations in the Parliament and the Council, and with substantial modifications, was subsequently adopted in June 2019. Against this background, the main aim of this note is to analyse the new Directive (EU) 2019/1152. This piece focuses firstly on the Directive’s nuanced hybrid personal ambit of application. Secondly, it examines its material scope of application and sheds some light on the new set of rights and entitlements available to workers, including novel enforcement mechanisms. Finally, the note provides a critical assessment of the Directive with the aim of unveiling its potential to boost workers’ rights in the European Union, in particular those engaged in non-standard forms of employment, who are especially prone to experiencing precarious working conditions, such as on-demand and platform workers.

scholarly journals DETERMINANTS OF SELF-EMPLOYMENT AMONG POLISH AND ROMANIAN IMMIGRANTS IN GERMANY

2016 ◽  
Vol 17 (4) ◽  
pp. 598-612 ◽  
Author(s):  
Marek SZARUCKI ◽  
Jan BRZOZOWSKI ◽  
Jelena STANKEVIČIENĖ
Keyword(s):  
German Economy ◽  
The Self ◽  
Entrepreneurial Activity ◽  
Policy Recommendations ◽  
The European Union ◽  
Self Employment ◽  
Romanian Immigrants ◽  
Migration Crisis ◽  
Important Object ◽  
The Eu

This empirical study investigates the determinants of self-employment propensity of Polish and Romanian immigrants in Germany. The German economy is an important object of analysis, as it is the most important destination for international migrants in the European Union. In the paper, we use the recently collected M sample of the German Socio-Economic Panel to examine which personal, country of birth-specific socio-economic and cultural factors influence the self-employment propensity of immigrants. The results of binominal logit regression show that the Central European migrants exhibit different self-employment propensity than migrants from former Yugoslavia, Russian and Kazakhstan, Turkey and Italy, with the self-employment aversion especially strong among Romanians. These differences remain substantial even after controlling for social and human capital endowment of the individuals. This study offers important policy recommendations, showing the potential obstacles in encouraging entrepreneurial activity of immigrants. This topic is becoming increasingly important with the current migration crisis in the EU, caused by intensive inflow of asylum-seeking foreigners in 2015.

scholarly journals Collective Labor Rights and the European Social Model

2009 ◽  
Vol 3 (2) ◽  
pp. 223-266 ◽  
Author(s):  
Diamond Ashiagbor
Keyword(s):  
Market Integration ◽  
Social Impact ◽  
Social Model ◽  
Labor Rights ◽  
Social Rights ◽  
The European Union ◽  
European Social Model ◽  
Mobile Capital ◽  
The Right ◽  
The Eu

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration.

scholarly journals Development of environmental diplomacy of the European Union

2021 ◽  
pp. 6-13
Author(s):  
Irina Habro ◽  
Mykhailo Solomko
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
Renewable Energy Sources ◽  
Environmental Issues ◽  
Global Scale ◽  
The European Union ◽  
Eu Member States ◽  
Council Directive ◽  
Environmental Diplomacy ◽  
The Eu

The article is devoted to the analysis of the development of environmental diplomacy of the European Union. Today environmental diplomacy has become an important way for states to promote their course of environmental diplomacy, to protect their environmental rights and interests, to promote their own economic and environmental development. The most striking example of the application of green diplomacy on a regional and global scale is the environmental policy implemented by EU member states. Within the EU there is a huge number of environmental programs for the development of renewable energy sources, protection of flora and fauna, as well as combating pollution of water and land resources. To implement its own environmental diplomacy, the EU has adopted a number of important regulations, which are analyzed in the article. The most thorough legal act in the field of environmental diplomacy was Council Directive 85/337 / EEC of 1985 on the assessment of the effects of public and private projects on the environment. This directive reflects the EU’s desire to draw the attention of government agencies and the public to environmental issues and to encourage their collective solution. EU environmental diplomacy is carried out through diplomatic missions, missions, delegations, as well as at the individual level. It involves European politicians and officials who are able to influence international public opinion, employees of foreign ministries and diplomatic missions. The EU also involves third countries as partners to discuss the most pressing environmental issues and their future solutions: climate change, biodiversity conservation, soil depletion, forest and water resources, and renewable energy. Environmental protection is one of the priority areas for European integration. States wishing to join the EU must meet its environmental standards and implement key principles of environmental legislation. It is noted that the EU countries are trying to transfer the economy to clean technologies and diplomatically encourage others to take measures to improve the environmental situation.

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.

IT Work in European Organizations

2011 ◽  
pp. 844-849
Author(s):  
Juliet Webster
Keyword(s):  
Working Conditions ◽  
Working Life ◽  
The European Union ◽  
It Services ◽  
Policy Makers ◽  
Women's Participation ◽  
Parallel Increase ◽  
Market Women ◽  
Computer Services ◽  
The Eu

Employment in IT professions has increased greatly in recent years. Aside from the crisis of the dot.com crash in 2001, there has been significant growth in hardware manufacturing and particularly in software and IT services. In the European Union, employment in computer services doubled between 1997 and 2001, and grew by 10% in 1998 alone. This pattern has not been matched by a parallel increase in women’s participation in IT work. Women’s employment in IT has remained resolutely around an average of 28% across the EU; in the professional areas of IT work (as opposed to clerical and other non-professional occupations), women made up only 17% in 2001 and their representation is in fact declining (Millar, 2001; Millar & Jagger, 2001; Webster & Valenduc, 2003). It is an issue of some concern to policy makers, employers, and indeed gender equality practitioners that, despite more than 20 years of attempts to attract women into this comparatively well paid and privileged area of the labour market, women remain such a small and, worse, apparently declining, proportion of IT professionals. Why are women still so poorly represented in IT professions in the EU? What is the nature of working life in IT and what are the working conditions like? Why have more than 20 years of initiatives to get more women into technology professions had so little apparent impact?

scholarly journals Comparative Legal Analysis of the Legislation of Labor Protection in Construction Using the Example of the EU, Azerbaijan and Ukraine

2018 ◽  
Vol 7 (3.2) ◽  
pp. 54
Author(s):  
Volodymyr Bozhko ◽  
Inna Kulchii ◽  
Joanna Szydło
Keyword(s):  
Professional Activity ◽  
Small Scale ◽  
Labor Protection ◽  
Legal Analysis ◽  
The European Union ◽  
Construction Sites ◽  
Council Directive ◽  
Safety And Health ◽  
The Right ◽  
The Eu

The present article deals with the legislation on labor protection in the construction of the European Union and compares it with the law ofUkraineandAzerbaijan. The main focus of the paper is on Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites. Comparing its content with the legislation on labor protection at the construction sites ofUkraineandAzerbaijan, the authors conclude that the guarantees of the right to labor protection in the EU cover a much wider range of subjects than in other states. This is due to the fact that the term «worker», in accordance with the case-law of the Court of Justice, covers persons who performs  services for and under the direction of another person; pursues real, genuine activities, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary; in return for which he receives remuneration. In addition, guarantees of labor protection in the EU extend to the self-employed person, whose professional activity contributes to the completion of a project. Proposed ways to adapt Ukrainian and Azerbaijani legislation to EU law.  

scholarly journals SELF-EMPLOYMENT OF FOREIGNERS AS AN INNOVATIVE SOLUTION ON THE LABOR MARKET IN THE EUROPEAN UNION

2020 ◽  
Vol 21 (1) ◽  
pp. 178-183
Author(s):  
Valentinas Navickas ◽  
Eva Grmanová ◽  
Waldemar Gajda
Keyword(s):  
European Union ◽  
Labor Market ◽  
Labour Force ◽  
The Other ◽  
The European Union ◽  
Eu Countries ◽  
Self Employment ◽  
Foreign Countries ◽  
Innovative Solution ◽  
The Eu

The main aim of this article is to identify certain specificity in self-employment of foreigners in EU countries and to find out whether the differences in self-employment of foreigners between countries are diminishing. Within the main objective, we have set two sub-objectives. The first sub-objective is to compare EU countries on the basis of the following indicators: 1/ number of self-employed foreigners and 2/ share of self-employed foreigners in employed persons from foreign countries. The second sub-objective is to determine whether EU countries converge in the number of the share of self-employed foreigners in the number of employed persons from foreign countries. We have confirmed that the countries have a tendency to convergence in regard to the share of self-employed foreigners in employed persons from foreign countries. We assume that this tendency can also be due to the pressure of the labour market that shows a lack of labour force. The share of self-employed migrants is relatively high in Eastern Europe. On the other hand, their increase is below average compared to the EU.

A Qualitative Evaluation of Current Transposition and Implementation Practice of the SEA Directive in EU Member States

2006 ◽  
Vol 3 (6) ◽  
pp. 535-548
Author(s):  
Efthymis Zagorianakos
Keyword(s):  
Qualitative Evaluation ◽  
Successful Implementation ◽  
The European Union ◽  
Member States ◽  
Systematic Assessment ◽  
Eu Member States ◽  
Implementation Outcomes ◽  
Council Directive ◽  
Assessment Procedures ◽  
The Eu

AbstractBefore 21 July 2004, the Member States of the European Union (EU) were obliged to specify the type of plans and programmes that according to the provisions of the Council Directive on the Assessment of the Effects of Certain Plans and Programmes on the Environment (or SEA Directive) had to undertake a systematic assessment of their effects on the environment. The uniformity of assessment procedures is a target that might be proved difficult to be attained by Member States with different planning procedures, cultures and environmental assessment traditions. The text that follows detects the transposition difficulties and opportunities by evaluating current SEA practice throughout the EU. The purpose is to provide an updated picture and suggest a generic guide for future initiatives aiming at successful implementation outcomes. This is especially relevant and hopefully helpful in view of the forthcoming Commission's first report on the application of the SEA Directive expected before 21 July 2006.

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