REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?

Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.

Particularities of Temporary Work. Advantages and Vulnerabilities

Temporary work is an alternative to providing the activity and procuring external, current labor force, more and more common in the countries of the European Union, including Romania. The alternative of such work is beneficial to all parties involved in the triangular employment relationship: the temporary work agent, the temporary employee and the user of the temporary workforce. This article proposes a brief presentation of some theoretical aspects related to temporary work (the importance of temporary work in today's society, the Community and national legislative framework, the actors of the temporary work relationship and the relationship between them, such as listing the conditions and authorization of the employee temporary in Romania) followed by an analysis on the evolution of employment agents registered in Romania in the period 2007-2021.

The Impact of Short-Term Employment for Low-Income Youth: Experimental Evidence from the Philippines

We use a randomized field experiment to test the causal impact of short-term work experience on employment and school enrollment among disadvantaged, in-school youth in the Philippines. This experience leads to a 4.4 percentage point (79-percent) increase in employment 8 to 12 months later. While we find noaggregate increase in enrollment, we also do not find that the employment gains push youth out of school. Our results are most consistent with work experience serving as a signal of unobservable applicant quality, and these findings highlight the role of temporary work as a stepping-stone to employment for low-income youth.

Community and National Provisions for Temporary Work Agencies. Trends in the Evolution of Temporary Work Agencies and Temporary Workers

The temporary work agent is an important player in the EU labor market from the perspective of labor flexibility. The evolution of the national legal framework on the regulation of the establishment and operation of the temporary work agent in accordance with the European provisions - Directive 2008/104 / EC - is an important issue to consider in this article because the national legal frameworks had to be adapted after 2008 in accordance with the Community law, in order to ensure the protection of temporary workers. Last but not least, the trends on the European labor market are also interesting from the point of view of the employment degree based on the services of temporary work agents. This paper aims to analyze the evolution of the Romanian legal provisions regarding temporary work agencies since the entry into force of the 2003 Labor Code to present day, emphasizing on the debate regarding the licensing, registration and the withdrawal of license procedure for a temporary work agent in our country. At the end of the article, we will present the number of temporary work agencies licensed in Romania, but also the percentage of employees recruited through temporary work agents in EU countries during the period 2011-2020, in order to highlight the degree of use of this type of workforce.

Overview of recent cases before the Court of Justice of the European Union (March 2021-September 2021)

In O.D. and Others v INPS (C-350/20), the Court dealt with the refusal of the Italian authorities to grant childbirth and maternity allowances to third-country nationals falling within the scope of the Single Permit Directive. In CG (C-709/20), the Court considered the refusal of the UK authorities to grant social assistance to an economically inactive EU citizen resident under the UK scheme adopted in the context of Brexit. In AB v Olympiako (C-511/19), the Court found that the Greek legislation, adopted in the context of the economic crisis, placing public sector workers in a labour reserve system is not discriminatory on grounds of age. In WABE and MH Müller Handel (C-804/18 and C-341/19), the Court clarified what circumstances could justify differential treatment indirectly based on religion or belief. The Court confirmed the direct effect of the principle of equal pay for male and female workers enshrined in Article 157 TFEU for cases of work of equal value in Tesco Stores (C-624/19). In Team Power Europe (C-784/19), the Court specified under which criteria a temporary-work agency could be considered as pursuing ‘substantial activities’ in a Member State. In A (C-535/19), the Court held that a Member State cannot exclude an economically inactive EU citizen from its public sickness insurance system but does not have to grant access free of charge. In FORMAT (C-879/19), the Court confirmed that Article 14(2) of Regulation 1408/71 does not apply to a person who, under a single employment contract concluded with a single employer, works in several Member States for more than 12 months in each of those Member States. Finally, in PF (C-27/20), the Court dealt a national legislation which uses the penultimate year preceding the payment period as the reference year for the calculation of family allowances to be allocated.

Unions in the postal services of the future

This study is an explorative analysis of labor union representatives’ assessment of digital transformation in the postal and logistics sector and the consequences for union activities in different regions of the world. It consists of two parts: Part I is a review of existing research on the topic of digitalization and labor relations in the postal and logistics sector. Part II represents the core of the study, consisting of a qualitative survey of union representatives from that sector regarding their stance towards digitalization and respective union strategies. The sample consists of 29 detailed written statements of union representatives from all continents, answering to a set of open questions. The study shows that in almost all of the regions, digital technologies are the basic technological infrastructure that enables postal work. There is a set of specific technology bundles which are consistently used in all of these regions. The surveyed union representatives consistently report a net job loss as a consequence of digitalization, although it also has created some new jobs. They also indicate an increase in precarious forms of employment, such as subcontracting, temporary work or bogus self-employment. In terms of working conditions, respondents refer to work facilitation through automation and digital assistance. However, they also underline that especially algorithmic work control leads to increased surveillance and work intensification. This intensification of work is perceived in turn as a factor in increased stress and thus as a risk for workers’ health. Yet, respondents also see the potential for digital systems to prevent accidents. Overall, the surveyed union representatives see digitalization as inevitable. Yet, they consistently argue that new regulations are needed because older standards often times do not address the specific problems of digitalized work.

Freely Engaged: Volition and Work Engagement Among Temporary Agency Workers of the Indian IT Industry

A lack of job security and other challenges mark the circumstances of temporary agency workers (TAWs). Yet, data from 511 TAWs of the Indian information technology (IT) industry captured via a structured questionnaire revealed the presence of volition or TAWs holding temporary jobs by choice. The study was conducted in two phases. In phase one, logistic regression was used to differentiate between voluntary and involuntary TAWs. In phase two, multiple regression was used to analyse the influence of volition on work engagement–overall and its individual components (vigour, dedication, and absorption). Logistic regression analysis showed that TAWs who were younger, single, educated in smaller cities and had worked for less than a year with a client were more likely to voluntarily choose temporary work. Further, multiple regression analysis demonstrated that such volition significantly boosts TAWs’ work engagement, in line with Self-Determination Theory’s perspective on autonomous motivation. The predictive model of categorizing TAWs into voluntary and involuntary groups based on demographic and job characteristics will help client and staffing organizations design customized policies for each group and promote factors enabling voluntary selection of temporary work arrangements.

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

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.

Human Capital: Fiscal Policy to Support the Development of Labor Cooperatives as a Way to Create the Welfare Society and to Form the National Financial-Exchange Asset

Production cooperative (artel) historically is a native Russian form of collective labour activity, aimed, as a rule, at performing certain permanent or temporary work and requiring mutual guarantee of all workers. Artels and their associations are based only on free creative labour (not hired labour), which allows workers themselves to be responsible for efficiency of managing their time and to improve constantly, providing an increase in labour productivity and production profitability. Such work is fundamentally different from the work under an employment contract. Members of cooperatives do not pass “their time” for rationing “from above”, but independently organize their work, revealing their potential, based on personal experience, ingenuity, freedom and personal motivation, effectively interacting with each other in the workforce.

Exploring accountability of Australia and New Zealand's temporary labour mobility programmes in Samoa using a talanoa approach

PurposeTemporary labour mobility programmes (TLMPs) are initiated by high-income nations to fill their labour demands by offering temporary work opportunities to migrants from low-income nations. TLMPs also seek to contribute to economic development in workers' home countries. This paper aims to assess the accountability of New Zealand's Recognised Seasonal Employer (RSE) Scheme and Australia's Seasonal Worker Programme (SWP) in reaching their economic development objectives in one sending nation, Samoa.Design/methodology/approachA qualitative study with RSE and SWP workers and key informants (collectively stakeholders) in Samoa was undertaken to assess the contributions of these schemes to economic development. An interdisciplinary research approach was taken using the Pacific methodology of talanoa. Talanoa was used to “operationalise engagement” and empower local stakeholder accounts.FindingsTalanoa supported the elicitation of accounts that contributed nuanced insights into the accountability of TLMPs. Specifically, stakeholder accounts revealed limitations in the ability of the RSE Scheme and SWP to meet their economic development objectives for Samoan communities and workers. Adjustments are necessary to meet Pacific nations' economic development objectives.Practical implicationsThis study responds to calls for on-the-ground accounts of stakeholders involved in TLMPs. It provides insights that may contribute to the development of more effective TLMPs, particularly regarding economic development in workers' home countries.Originality/valueDrawing on dialogic accounting literature, which calls for engagement with the marginalised, a talanoa approach has been engaged to assess TLMPs via on-the-ground participant accounts in a specific context. This paper introduces talanoa to the critical and social accounting literature, to move beyond a typical accounting qualitative interview process and encourage greater engagement and collaboration with Pacific scholars and partners.