Transnational, European, and National Labour Relations: Flexicurity and New Economy

ISBN-13: 9783319022185 / Angielski / Twarda / 2018 / 327 str.

Gerald Sander;Vesna Tomljenovic;Nada Bodiroga-Vukobrat

Opis

The future of labour relations and labour law, affected by globalisation and internationalisation processes is a matter which receives much attention, not only in the scientific legal community, but also wider public. For this reason, there is an increasing number of studies and research in this field, especially in the context of erosion of national prerogatives and decentralisation of cross-border economic activities. Neo-liberal globalisation, transnational corporations and the issue of labour and social standards have opened a variety of problems on global, European and national levels. The European Union endeavours in the recent years to deal with market challenges, posed particularly in the labour market, by positive, as well as negative harmonisation.​

Spis treści

Transformation of Employment Relations and Social Dumping in the European Union - the Struggle between David and Goliath? by Mario Vinković.- Cross-Border Mobility, Supranational Companies and Employee Participation – no Chance for Harmonization by Hana Horak.- Immigration and labour policies: paradoxes of the European Union by Laura Calafà.- Making a Living in the ‘Gig’ Economy: Last Resort or a Reliable Alternative? by Nada Bodiroga-Vukobrat, Ana Pošćić and Adrijana Martinović.- Law Applicable to Employment Contracts under the Rome I Regulation by Ivana Kunda.- Coping with Vague EU Legal Concepts by Martina Bajčić.- International Jurisdiction over Individual Contracts of Employment by Aleš Galič.- Liability models in supply chains - the flow of an innovative regulatory idea in a global legal space by Attila Kun.- Functional Flexibility in the Context of Lifelong Learning by Andrijana Bilić.- Danish Flexicurity – Not the Same Today as Yesterday by Herman Knudsen and Jens Lind.- Dilemmas in Organizing the Labour Market; Experiences with Flexicurity in the Netherlands by Frans Pennings.- Temporary Agency Work in Germany – A Short History and the Situation de lege lata by Mijo Božić and Gerald G. Sander.- Flexible and New Forms of Employment in Croatia and their Pension Entitlement Aspects by Ivana Grgurev and Ivana Vukorepa.- Individual Dismissal in Croatia by Sandra Laleta.- ADR in Labour Law Disputes in Italy by Gina Gioia.- Forms of Work Performed in the Republic of Slovenia by Darja Senčur Peček.

Blurb

This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices.

Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.