European Labour Law Journal最新文献

{"title":"Private international law regulation of individual employment relationships within the european union","authors":"Uglješa Grušić","doi":"10.1177/20319525241227838","DOIUrl":"https://doi.org/10.1177/20319525241227838","url":null,"abstract":"This article is a revised version of a concept paper written for the European Commission on the private international law regulation of individual employment relationships within the EU. It aims to assess the regulation of such relationships from the perspective of European private international law and indicate potential avenues for reform.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139954804","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}

{"title":"Industrial action in private international Law","authors":"Aukje A. H. van Hoek","doi":"10.1177/20319525241227836","DOIUrl":"https://doi.org/10.1177/20319525241227836","url":null,"abstract":"This contribution deals with both jurisdiction and applicable law with regard to cross-border collective actions in labour law. It demonstrates that the European conflicts rule embodied in Article 9 of the Rome II Regulation is open to diverging interpretations. This can, to a large extent, be explained by the very diverse legal characterisation of industrial action in the national systems of the EU Member States. The connecting factors used in the Rome II Regulation also create specific challenges when applied in the context of industrial action. As a result of these complications, Article 9 Rome II currently fails to fulfil its function of creating legal certainty around the legality and the legal consequences of industrial action with a cross-border element. A further clarification of the scope of Article 9 and the role played by the law of the country in which the industrial action is taken would help to reduce the current confusion and uncertainty. The uncertainty as to the applicable law is exacerbated by the rules on jurisdiction in the Brussels I bis Regulation which allow, to some extent, for forum shopping. Two provisions of the Brussels I bis Regulation might warrant revision to reduce their negative impact on the exercise of the right to industrial action: the rule on multiple defendants (Article 8(1)) and the rule granting jurisdiction to the place where the damage caused by the industrial action is sustained (Article 7(2)).","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139603160","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}

{"title":"Flying around social security","authors":"Federico Pisani, David Mangan","doi":"10.1177/20319525231221096","DOIUrl":"https://doi.org/10.1177/20319525231221096","url":null,"abstract":"INAIL and INPS is a decision about social security and insurance contributions. The case was brought against Ryanair, alleging that contributions were owed to the relevant Italian authorities where the documentation (an E101 certificate, now an A1 form) had not been properly completed by the employing airline. Aircrew personnel were employed under Irish employment contracts, but resided in Italy. Other than 45 minutes per day in the crew room at the airport in Bergamo, these staff were on board an aircraft registered in Ireland.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139534059","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}

{"title":"Is it possible to ‘legally desegregate’ sheltered employment? General Comment No. 8 of the Committee on the Rights of Persons with Disabilities and the Benelux Countries","authors":"Mathias Wouters","doi":"10.1177/20319525231222161","DOIUrl":"https://doi.org/10.1177/20319525231222161","url":null,"abstract":"In 2022, the UN Committee on the Rights of Persons with Disabilities issued General Comment No. 8 on the right of persons with disabilities to work and employment. The general comment most notably recommends States parties to expeditiously phase out segregated employment, including sheltered workshops. After covering the contents of the general comment on this issue in Section I, this contribution argues that the Committee does not take into account that sheltered employment is a complex notion and that domestic sheltered employment systems can evolve. Since General Comment No. 8 outlaws segregated (sheltered) employment, the question becomes, can sheltered employment be legally desegregated, and hence does not have to be expeditiously phased out? Section III illustrates, based on examples from the Benelux countries, that domestic sheltered employment systems do not necessarily exhibit the distinguishing features of segregated employment, as described in General Comment No. 8. Section IV explains that this leaves the CRPD Committee with a decision to make. It could assert that sheltered employment is ipso facto segregated employment, which is to be phased out. It could also draw on its non-exhaustive list of the distinguishing features of segregated employment to incite States parties to at least desegregate sheltered employment legally if they decide not to phase it out entirely.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139443751","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}

{"title":"Quasi (-social) Citizenship, the Common Travel Area, and the Fragmented Protection of Employment Rights in the United Kingdom after Brexit","authors":"Niall O'Connor","doi":"10.1177/20319525231222165","DOIUrl":"https://doi.org/10.1177/20319525231222165","url":null,"abstract":"Irish citizens living in the United Kingdom (UK) enjoy a privileged immigration status, which in turn facilitates access to a number of economic and social rights, perhaps most importantly a right to—and thereby rights in—work. European Union (EU) law played an important role in facilitating the latter, but with freedom of movement and the right to work of Irish citizens now dependent on the Common Travel Area (CTA) and associated legislative protections. This article argues that the CTA constitutes a workers’ rights ‘intervention’, which necessitates a clearer articulation of how this instrument fits within the wider context of post-Brexit UK employment law, including the rights deriving from the withdrawal arrangements governing the UK's departure from the EU. There are a number of asymmetries in the CTA that undermine its value as an employment rights conduit. Brexit, it is argued, has led to further fragmentation of the category of ‘Irish citizen’ in the UK, despite the purported recent recognition of such citizens as a distinct class within UK immigration law. More significantly, the CTA lacks normative purpose, and is a rather weak employment law instrument, in that it represents no more than a facilitation of national legislative intervention to ensure (roughly) equivalent treatment between British and Irish citizens in matters of employment (among other economic and social rights). The current CTA arrangements are thereby devoid of any underpinning (social) objectives or values and lack explicit recognition of their role as a facilitator of access to fundamental economic and social rights. Non-political, and rights-based conceptions of social citizenship are suggested as potential normative groundings for the CTA and derived (employment) rights in the absence of the protective framework offered by EU free movement and labour law.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950113","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}

{"title":"Ignoring Facts of a Case to Avoid a CJEU Ruling on a Form of Fixed-term Employment Regulated in a Swedish Collective Agreement?Case Note on Swedish Labour Court Case No. 33, 2023 (AD 2023:33)","authors":"Ankie Hartzén","doi":"10.1177/20319525231219665","DOIUrl":"https://doi.org/10.1177/20319525231219665","url":null,"abstract":"This case note discusses Swedish Labour Court case No. 33 of 2023 (AD 2023:33). The case involved a fixed-term worker employed as a personal assistant under a specific form of fixed-term contract regulated by collective agreement. The trade union sought to have the employment contract converted into a contract of indefinite duration and the form of fixed-term employment used to be declared invalid. Furthermore, it requested that the court should seek a preliminary ruling on whether the specific situation and conditions of work in the case could be considered objective reasons in accordance with clause 5(1)(a) of the Fixed-Term Framework Agreement. The Swedish Labour Court decided that the Fixed-Term Work Directive was not applicable in the case and that there was no reason to ask for a preliminary ruling. This case note discusses the outcome of the case and the reasoning of the Swedish Labour Court of specific interest in relation to the Fixed-Term Work Directive.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138961458","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}

{"title":"The European Union's Forced Labour Regulation: Putting the ‘Brussels Effect’ to work for international labour standards","authors":"Alan Eustace","doi":"10.1177/20319525231221097","DOIUrl":"https://doi.org/10.1177/20319525231221097","url":null,"abstract":"In September 2022, the Commission adopted a proposal for a Regulation on prohibiting products made with forced labour on the Union market. This arises in a context of rising concern over many years about breaches of workers’ fundamental rights and core standards of the International Labour Organization in supply chains of products that are marketed in Europe, particularly where multinational corporations have offshored production to states without the high labour standards enforced in the EU. There has also long been widespread concern, particularly from trade unions, that such offshoring enables manufacturers to undercut labour protections of European workers. Furthermore, the offshoring of manufacturing has enabled certain third countries to develop their industrial and technological capacities in ways that create geostrategic risks for the EU and its Member States, as these third countries become ‘systemic rivals’ of the Union. First, this article argues that the proposed Regulation fits with Anu Bradford's theory of the ‘Brussels Effect’ exposited in her 2019 book of that name, and that the Union should take advantage of Bradford's insights in developing the Regulation and future legal instruments. Bradford established the Brussels Effect as an empirical reality; this article makes a normative case that, in this instance, the EU institutions should actively embrace it as a means to advance its goals. The proposed Regulation is an example of the Union leveraging market power to accomplish normative goals, by exporting its values to third countries. This offers room for the EU to be a force for good in the world, answering some of the qualms raised in Bradford's work about the potential ‘imperialism’ of the Brussels Effect. The present article argues the Union should go further, try to ‘externalise’ more of the social acquis in the field of labour law, leveraging its international market power to both improve labour standards around the globe. This article challenges Bradford's original contention that the Brussels Effect does not apply to labour standards, arguing instead that it is possible, and normatively desirable, for the Union to follow this Regulation with a broader suite of measures aimed at globalising European labour standards, with benefits for both third-country nationals and citizens of the Union. Second, the article links the proposed Regulation to concern about the geostrategic vulnerability of Member States and the Union as a whole, where essential products are manufactured in third countries. This became apparent during the Covid-19 pandemic, with many critical supplies predominantly manufactured outside the Union. The ‘strategic autonomy’ agenda of the EU implies re-shoring of important industry, which is more easily accomplished where EU regulation lessens the ability of third countries to undercut the EU with low labour standards. This will have long-term economic benefits for the Union and its citizens, as well as depressi","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138959912","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}

{"title":"Anti-discrimination Legislation and Protection of Working Conditions of the Self-employed","authors":"Karol Muszyński","doi":"10.1177/20319525231221093","DOIUrl":"https://doi.org/10.1177/20319525231221093","url":null,"abstract":"This contribution discusses the CJEU ruling in C-356/21 J.K. v TP S.A. It concludes that the ruling contributes to the ongoing development that disentangles the concept of the protection of working conditions from the employment relationship, granting self-employed workers who provide work on a personal basis protection against discrimination. It further discusses the ruling in the context of the spread of non-standard forms of employment on the labour market and policy initiatives to tackle them. Case C-356/21 J.K. v TP S.A. C-587/20 – HK/Danmark and HK/Privat; C-507/18 - Associazione Avvocatura per i diritti LGBTI","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138998742","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}

{"title":"EU Social Policy and the Subsidiarity Principle: The End of an Illusion?","authors":"Sven Schreurs","doi":"10.1177/20319525231219228","DOIUrl":"https://doi.org/10.1177/20319525231219228","url":null,"abstract":"Social policy at the EU level remains a notably limited enterprise. The Union appears unable to address social inequalities without treading into politicised areas of national decision-making, since intervention in the social domain touches upon core questions of national identity, sovereignty and democracy. In this article, I explore the fraught relationship between EU social policy and the principle of subsidiarity, which has frequently served to legitimate support for as well as opposition to supranational action in the social domain, even when and where the Union has well-defined competences to legislate. The article engages in a conceptual analysis of the implications of subsidiarity for EU social policy and labour law, illustrated with a case study that examines usages of the principle by different institutional actors in recent debates on EU social directives. While it clearly provides a convenient rhetorical instrument to political actors, I argue, the concept of subsidiarity fails to serve as an organising principle for the multilevel governance of social and labour policy. Scholarly and policy debates on the constitution of a more social Europe are therefore best oriented away from the language of subsidiarity and should focus instead on effective and democratically legitimate ways of delivering the social promises of both the EU and its Member States.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138982336","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}

{"title":"Austria's Annual Leave Legislation on its Long Journey to Europe","authors":"Martin Gruber-Risak, Sascha Obrecht","doi":"10.1177/20319525231219624","DOIUrl":"https://doi.org/10.1177/20319525231219624","url":null,"abstract":"This article discusses a recent decision of the Austrian Supreme Court on the period of limitation for annual leave entitlements in light of the Working Time Directive 2003/88 (WTD). In the past, the Supreme Court's case law has repeatedly been criticised in the literature, as the Court – based on the corresponding national provision – considered the (rather long) period of limitation after the mere passage of time to be in line with EU law. The decision under discussion has now changed this line of case law, but questions remain over the legal methodology. Austrian Supreme Court ( Oberster Gerichtshof – OGH) of 27.6.2023, 8 ObA 23/23z, ECLI:AT:OGH0002:2023:008OBA00023.23Z.0627.000.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597713","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}