European Labour Law Journal最新文献

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Labour as a component of carceral circuitry: The case of asylum seekers 劳动作为收容循环的组成部分:寻求庇护者的案例
IF 0.7
European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266353
Katie Bales
{"title":"Labour as a component of carceral circuitry: The case of asylum seekers","authors":"Katie Bales","doi":"10.1177/20319525241266353","DOIUrl":"https://doi.org/10.1177/20319525241266353","url":null,"abstract":"Building upon insights from carceral geography, this article conceptualises the ‘carceral’ as permeating beyond the prison walls to other areas of life through law and policymaking that confines and incarcerates without necessarily ‘imprisoning’.<jats:sup> 1 </jats:sup> Utilising the case study of asylum applicants in the UK, this article traces the role of ‘work’ as a component of carceral circuitry which enmeshes asylum seekers’ lives. Outside of immigration detention, this includes work exclusions which hinder mobility, life choices and economic independence, as well as fuelling engagement in both ‘voluntary’ unpaid work arrangements, and/or unregulated ‘criminal’ labour practices which arise as a result of exclusionary laws intent on creating a hostile environment. Inside of immigration detention analysis extends to the practice of ‘paid activities’ in which immigration detainees undertake millions of hours of work at a rate of £1.00 per hour, ostensibly ‘for their own benefit’. Labour law and its explicit exclusions, as well as the social welfare framework, thereby intersect with immigration control and the criminal law to construct, shape and reproduce this carceral sphere which seeks to control and govern asylum seekers’ lives as well as entrenching their vulnerability as an easily exploitable workforce from which value can be extracted.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Work in prison: Reintegration or exclusion and exploitation? 监狱中的工作:重返社会还是排斥和剥削?
IF 0.7
European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241270268
Virginia Mantouvalou
{"title":"Work in prison: Reintegration or exclusion and exploitation?","authors":"Virginia Mantouvalou","doi":"10.1177/20319525241270268","DOIUrl":"https://doi.org/10.1177/20319525241270268","url":null,"abstract":"Work opportunities in prison can be valuable for the incarcerated. However, prison labour presents significant challenges because of its location behind prison walls away from the public eye, where prison authorities exercise unprecedented power over individuals. Even though work is not part of prisoners’ punishment in Europe, it is often compulsory. What is also striking is that in many legal orders prisoners are excluded from labour rights that other workers have. Unlike work outside prison, the legal regulation of prison work constitutes it as an instrument of exclusion from life outside prison rather than a path towards reintegration in society, and creates structures of exploitation. In this article I examine the value of work in prison and consider the exclusion of working prisoners from labour rights that other workers have. I also scrutinise some typical justifications of these exclusions of working prisoners. I propose that work in prison should be regulated in line with the purpose of reintegration in society and according to European and international human rights standards on prisons.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Labour, the Environment and International and European Law: One journey or worlds apart? 劳工、环境与国际法和欧洲法:同路还是天壤之别?
IF 0.7
European Labour Law Journal Pub Date : 2024-09-02 DOI: 10.1177/20319525241274686
M.A.N. Van Schadewijk
{"title":"Labour, the Environment and International and European Law: One journey or worlds apart?","authors":"M.A.N. Van Schadewijk","doi":"10.1177/20319525241274686","DOIUrl":"https://doi.org/10.1177/20319525241274686","url":null,"abstract":"The transition to an environmentally sustainable economy raises Herculean challenges for labour law. From a labour law perspective, perhaps the biggest question is the extent to which the environment is an interest that is and should be recognised and protected by labour law. Although the answer to this question is different for each national legal system, the influence of international and European law cannot be ignored. Starting from this assumption, the author analyses to what extent international and European law may influence the recognition of the environment as an interest of national labour law. To this end, the author analyses the overarching principles that characterise the interrelation between labour and the environment in the hard and soft law of the UN, ILO and EU. Subsequently, three areas of national labour law which may be influenced by the supranational framework are identified and discussed: job transition, work-related mobility of employees and remuneration. The author finds that the supranational framework provides arguments to assert that the environment has a place in labour law and is a legitimate interest in the balancing exercise between employer and employee. Nevertheless, a substantive place for labour law in the supranational framework seems lacking. The supranational framework is primarily concerned with compensating employees for the negative effects of the green transition and offers limited support for a broader integration of the environment into the employment relationship. Consequently, it makes few connections with labour law and contains few (hard or soft) obligations for both employers and employees. In the view of the author, this is a missed opportunity.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Book Review: Employment Law and the European Convention on Human Rights – The Research of the Recent Jurisprudence of the ECtHR Related to Employment Law (2017–2021), Bulletin of Comparative Labour Relations by Elena Sychenko & Adalberto Perulli 书评就业法与《欧洲人权公约》--《欧洲人权法院与就业法相关的最新判例研究(2017-2021)》,《比较劳动关系公报》,作者:Elena Sychenko & Adalberto Perulli
IF 1.1
European Labour Law Journal Pub Date : 2024-08-08 DOI: 10.1177/20319525241261029
Achim Seifert
{"title":"Book Review: Employment Law and the European Convention on Human Rights – The Research of the Recent Jurisprudence of the ECtHR Related to Employment Law (2017–2021), Bulletin of Comparative Labour Relations by Elena Sychenko & Adalberto Perulli","authors":"Achim Seifert","doi":"10.1177/20319525241261029","DOIUrl":"https://doi.org/10.1177/20319525241261029","url":null,"abstract":"","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141928438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Headscarf bans in the public workplace before the Court of Justice: OP v. Commune d’Ans or the Art of Ambiguity 法院审理的公共工作场所头巾禁令案:OP 诉安斯市或模糊的艺术
IF 0.7
European Labour Law Journal Pub Date : 2024-06-20 DOI: 10.1177/20319525241261027
Julie Ringelheim
{"title":"Headscarf bans in the public workplace before the Court of Justice: OP v. Commune d’Ans or the Art of Ambiguity","authors":"Julie Ringelheim","doi":"10.1177/20319525241261027","DOIUrl":"https://doi.org/10.1177/20319525241261027","url":null,"abstract":"OP v Commune d'Ans, handed down on 28 November 2023, is the fifth judgment issued by the Court of Justice of the European Union on a ban on the wearing of religious symbols in employment, but the first to concern a public workplace. This article argues that the judgment does not help clarify the issue. It is ambiguous and provides only vague guidance to national courts. Two aspects of its reasoning are particularly puzzling: firstly, the absence of any discussion on the very meaning and implications of the neutrality of the public service; and secondly, the recognition of a margin of discretion not only for states but also for sub-state entities, such as municipalities, in determining the concrete content of that principle.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141506980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Religious discrimination at the CJEU and the social inclusion approach 欧盟法院的宗教歧视与社会包容方法
IF 0.7
European Labour Law Journal Pub Date : 2024-06-11 DOI: 10.1177/20319525241261030
Erica Howard
{"title":"Religious discrimination at the CJEU and the social inclusion approach","authors":"Erica Howard","doi":"10.1177/20319525241261030","DOIUrl":"https://doi.org/10.1177/20319525241261030","url":null,"abstract":"The social inclusion approach to EU anti-discrimination law, as set out by Ringelheim, is aimed at achieving inclusion and participation in employment and wider society of all groups, including the most disadvantaged. But is the CJEU using this social inclusion approach, especially in cases concerning religious discrimination? This article argues that the CJEU, in cases regarding racial and ethnic origin, disability and sexual orientation discrimination as well as in some cases regarding religion or belief discrimination, has indeed applied a social inclusion approach, but that the six judgments regarding the wearing of Islamic headscarves at work are an exception. In the latter cases, the CJEU did not appear to pay any attention to the effect of the judgments on the employment opportunities of Muslim women who want to wear religious symbols at work.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141359511","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The first platform work judgment in Central and Eastern Europe 中欧和东欧首个平台工作判断
IF 0.7
European Labour Law Journal Pub Date : 2024-06-07 DOI: 10.1177/20319525241260869
Tamás Gyulavári
{"title":"The first platform work judgment in Central and Eastern Europe","authors":"Tamás Gyulavári","doi":"10.1177/20319525241260869","DOIUrl":"https://doi.org/10.1177/20319525241260869","url":null,"abstract":"The Hungarian Supreme Court passed the first platform work decision in Central and Eastern Europe in December 2023. The court classified the food delivery platform worker of a delivery platform as self-employed, based on interpretation of the Labour Code, and case law on employment relationships. The reasoning of the decision calls for a critique.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141371712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Directive (EU) 2022/2041 on adequate minimum wages in the European Union: Much ado about nothing in Sweden? 关于欧盟适当最低工资的第 2022/2041 号指令(欧盟):在瑞典只是小题大做?
IF 0.7
European Labour Law Journal Pub Date : 2024-05-25 DOI: 10.1177/20319525241255564
Niklas Selberg, Erik Sjödin
{"title":"The Directive (EU) 2022/2041 on adequate minimum wages in the European Union: Much ado about nothing in Sweden?","authors":"Niklas Selberg, Erik Sjödin","doi":"10.1177/20319525241255564","DOIUrl":"https://doi.org/10.1177/20319525241255564","url":null,"abstract":"The EU Directive 2022/2041 on adequate minimum wages has been welcomed by many stakeholders, but Sweden (together with Denmark), with its historically good track record regarding labour rights, is opposing it on both political and legal grounds. The Directive, the Swedish Government argues, will not fulfil its goals, and concerns, in any instance, matters that are excluded from the competence of the EU. This article describes and analyses the implementation measures in a system whose wage-setting mechanism – at least according to its own opinion – needs no support, and in which legal and political objections have been raised against the Directive.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141148067","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Effective enforcement of the EU framework on the posting of workers: Empirical evidence 有效执行欧盟关于派驻工人的框架:经验证据
IF 0.7
European Labour Law Journal Pub Date : 2024-05-23 DOI: 10.1177/20319525241255601
Marta Lasek-Markey
{"title":"Effective enforcement of the EU framework on the posting of workers: Empirical evidence","authors":"Marta Lasek-Markey","doi":"10.1177/20319525241255601","DOIUrl":"https://doi.org/10.1177/20319525241255601","url":null,"abstract":"This article addresses the issue of effective enforcement of EU labour law by looking at the case study of the enforcement of the EU framework on the posting of workers. While recent years have seen a revival of Social Europe in the form of the European Pillar of Social Rights, scholars have also expressed concern over the effectiveness in practice of transnational labour law, and EU labour law in particular. Rasnača (2022) argues that ineffective enforcement creates a ‘justice gap’ between formal rights on paper and access to these rights in practice. One example of an area of EU labour law plagued by enforcement issues is the posting of workers. It is a peculiar type of intra-EU labour mobility, where posted workers, despite often being EU citizens, cannot benefit from the protection afforded by the EU's fundamental principle of the free movement of workers. As the original Directive 96/71/EC on the posting of workers proved manifestly inadequate to safeguard the rights of posted workers, the EU enacted Directive 2014/67 to improve the framework's enforcement. This article offers an evaluation of the Enforcement Directive based on data collected from 29 qualitative interviews. The effectiveness of the Enforcement Directive will be assessed based on the theoretical framework of precarious work. It will be argued that while the Enforcement Directive has contributed to narrowing the justice gap, posted workers continue to be exposed to precarity.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141148001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A commentary on the Council Recommendation on strengthening social dialogue in the European Union 对理事会关于加强欧洲联盟社会对话的建议的评论
IF 0.7
European Labour Law Journal Pub Date : 2024-05-22 DOI: 10.1177/20319525241252987
Anna Kwiatkiewicz
{"title":"A commentary on the Council Recommendation on strengthening social dialogue in the European Union","authors":"Anna Kwiatkiewicz","doi":"10.1177/20319525241252987","DOIUrl":"https://doi.org/10.1177/20319525241252987","url":null,"abstract":"The 2023 Council Recommendation on strengthening social dialogue in the European Union is a very special document. It brings social dialogue into the spotlight, while respecting national social dialogue practices. Employers believe that the right balance was struck and perceive the Recommendation as a useful instrument in promoting social dialogue and strengthening capacity of social partners both the EU and national levels. The meaningfulness of this Recommendation depends now on its implementation in Member States. Granting sufficient time for implementing the Recommendation – five years with reporting to the Council on evaluation of taken actions planned for December 2029 – and involving social partners are important success factors.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141110359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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