European Labour Law Journal最新文献_第9页

The impact of the EU economic governance in Portugal 欧盟经济治理对葡萄牙的影响

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European Labour Law Journal Pub Date : 2022-04-24 DOI: 10.1177/20319525221093505

C. Carvalho, A. Ribeiro

{"title":"The impact of the EU economic governance in Portugal","authors":"C. Carvalho, A. Ribeiro","doi":"10.1177/20319525221093505","DOIUrl":"https://doi.org/10.1177/20319525221093505","url":null,"abstract":"This article discusses the main changes introduced to the Portuguese labour market following the adoption of the Memorandum of Understanding of 2011. The intent behind the Memorandum's demands was to reduce the costs related to employment contracts, to expand both internal and external flexibility, and to relaunch collective bargaining under a new and more decentralised framework. However, several measures ended up being at odds not only with the Portuguese Constitution, but also with ILO Conventions and the (Revised) European Social Charter. We address the changes to wage policies, working time, employment protection legislation, and collective bargaining, which gave way to a new ‘flexibility-oriented’ labour relations model, characterised by a global reduction of labour protection levels. We argue that not only were these measures unable to fix the problems of the Portuguese labour market, but they also had crippling effects on social rights in general and, most particularly, on workers’ rights. Moreover, despite the overcoming of the economic crisis, as well as the changes to the political scene, the most significant alterations were maintained. This demonstrates that bailout reforms leave their mark, particularly when they correspond to measures previously under discussion and when their implementation is supported by external pressures.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":"13 1","pages":"193 - 213"},"PeriodicalIF":0.7,"publicationDate":"2022-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45362280","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: 1

Wage setting and wage moderation in Belgium: A never-ending and already-old story in the wake of the ‘new European economic governance’ 比利时的工资设定和工资调节:在“新欧洲经济治理”之后，一个永无止境的古老故事

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European Labour Law Journal Pub Date : 2022-04-18 DOI: 10.1177/20319525221093488

Filip Dorssemont

{"title":"Wage setting and wage moderation in Belgium: A never-ending and already-old story in the wake of the ‘new European economic governance’","authors":"Filip Dorssemont","doi":"10.1177/20319525221093488","DOIUrl":"https://doi.org/10.1177/20319525221093488","url":null,"abstract":"Wage setting can be defined as the procedures which determine the remuneration which needs to be paid to employees as the counterpart of their work. The ancillary relationship between wage moderation and the new economic governance has never been expressed as clearly as in the Europlus Pact. The new economic governance (NEG) of the European Union has fostered wage moderation. This approach to wage setting and wage moderation is analysed from the perspective of the freedom of collective bargaining as a fundamental right, and on the basis of a national case study (Belgium). In order to carry out this analysis, the national wage moderation policies adopted in Belgium prior to the era of the NEG need to be examined first. The recommendations addressed to Belgium to reform the wage-setting system will then be analysed, as well as the impact they had both in confirming the existing system of wage moderation and the attempts to strengthen the restrictions imposed on collective autonomy. In light of these findings, these restrictions of collective autonomy are assessed on the basis of the freedom of collective bargaining, understood as a fundamental right.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":"13 1","pages":"156 - 169"},"PeriodicalIF":0.7,"publicationDate":"2022-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42558449","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: 1

The effects of neoliberalism in European labour law: The meaning of labour and the need for a different constitutional compromise 新自由主义对欧洲劳动法的影响:劳动的意义和不同宪法妥协的需要

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European Labour Law Journal Pub Date : 2022-04-13 DOI: 10.1177/20319525221093716

Pierluigi Digennaro

{"title":"The effects of neoliberalism in European labour law: The meaning of labour and the need for a different constitutional compromise","authors":"Pierluigi Digennaro","doi":"10.1177/20319525221093716","DOIUrl":"https://doi.org/10.1177/20319525221093716","url":null,"abstract":"This article aims to identify continuity between the main neoliberal schools that had a role in the making the European legal order and the conception of labour and 'work activity' embedded in the European legal framework. The consequences of this contiguity are also discussed. In particular, the concepts of 'working activity' and 'undertaking' elaborated by the Court of Justice are used as a driver of the analysis to detect signs of these influences. A two-phase approach is adopted to develop the research. First, a review is undertaken of relevant ECJ judgments that testify to the Court's position on the topics discussed in the article. Second, the cultural common ground between the interpretation of the legal framework found in case law and specific neoliberal theories is highlighted. The meta-principles that are identified through the analysis are then compared with those derived from the rights recognised in the constitutions proclaimed in the second half of the 20th century to show the significant discontinuity that endangers the very existence of the European Union as a political project and has destabilised the constitutional order of many European countries. As the founding principles of the EU legal order kickstarted a containment of labour and social rights, the call for change at the roots of European constitutional law is becoming increasingly urgent. The formal proclamation of the Charters of Fundamental Rights at the European level (not least because of the way in which rights are recognised) has not in itself proved to be capable per se of transcending the original matrix of the European order.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":"13 1","pages":"249 - 272"},"PeriodicalIF":0.7,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48793078","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 new source for (EU) labour law? (欧盟)劳动法的新来源?

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European Labour Law Journal Pub Date : 2022-04-13 DOI: 10.1177/20319525221093510

Mélanie Schmitt, Marco Rocca

引用次数: 1

A critique of self-employment 对个体经营的批判

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European Labour Law Journal Pub Date : 2022-04-12 DOI: 10.1177/20319525221088604

Adalberto Perulli

引用次数: 1

EU economic governance and French social legislation 欧盟经济治理与法国社会立法

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European Labour Law Journal Pub Date : 2022-04-11 DOI: 10.1177/20319525221093504

Konstantina Chatzilaou

{"title":"EU economic governance and French social legislation","authors":"Konstantina Chatzilaou","doi":"10.1177/20319525221093504","DOIUrl":"https://doi.org/10.1177/20319525221093504","url":null,"abstract":"Unlike other EU Member States, France has not been the subject of strict financial surveillance under the infamous Memorandums of Understanding (MoU). Nevertheless, from the very beginning of the economic crisis, France has been under intense scrutiny by the European institutions, mainly within the framework of the European Semester and the Excessive Imbalance Procedure (EIP). This article analyses the impact of these financial surveillance mechanisms on the design of recent French reforms in the fields of labour law and employment policy, with a particular focus on three main issues: the sanctions attached to unjustified dismissals, relations between sectoral collective agreements and firm-level collective agreements and access to unemployment insurance benefits. The analysis suggests that, while the European Commission initially exerted significant pressure towards the implementation of large-scale legislative reforms in the social field, from 2017 onwards it has seemingly eased its pressure on the French government. Inversely, although France initially seemed to strictly conform to the European recommendations, since 2017, the government has gone further, thus engaging in a profound transformation of the French social model. It therefore seems that the most recent French legislative reforms reflect more a political choice than an actual legal obligation stemming from the instruments of the EU Economic Governance.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":"13 1","pages":"170 - 192"},"PeriodicalIF":0.7,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45187907","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: 2

European minimum wage: A Swedish perspective on EU’s competence in social policy in the wake of the proposed directive on adequate minimum wages in the EU 欧洲最低工资:在欧盟提出适当的最低工资指令之后，瑞典对欧盟在社会政策方面的能力的看法

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European Labour Law Journal Pub Date : 2022-04-04 DOI: 10.1177/20319525221090547

Erik Sjödin

引用次数: 4

Strike as an extraordinary circumstance 罢工是一种特殊情况

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European Labour Law Journal Pub Date : 2022-02-22 DOI: 10.1177/20319525221076477

Wouter Verheyen, P. Pecinovsky

引用次数: 0

Regulating algorithms at work: Lessons for a ‘European approach to artificial intelligence’ 监管算法发挥作用：“欧洲人工智能方法”的教训

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European Labour Law Journal Pub Date : 2022-02-01 DOI: 10.1177/20319525211062558

Jeremias Adams-Prassl

引用次数: 8

The social partners as actors in new labour law legislation in Sweden 瑞典新劳动法立法中的社会伙伴行为者

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European Labour Law Journal Pub Date : 2022-01-04 DOI: 10.1177/20319525211068863

Carin Ulander-Wänman

{"title":"The social partners as actors in new labour law legislation in Sweden","authors":"Carin Ulander-Wänman","doi":"10.1177/20319525211068863","DOIUrl":"https://doi.org/10.1177/20319525211068863","url":null,"abstract":"This article focuses on the importance of the social partners in new labour law regulation where there is a weak parliamentary majority. The prevailing view in Sweden is that labour law regulation must be modernised as both companies and employees need improved opportunities in order to be able to adapt to changing conditions in the labour market. A Government inquiry and negotiations between the social partners in the private sector focused on these issues. The social partners reached two agreements: a Principle Agreement, including demands that the state provide new labour law regulation; and a Basic Agreement, which is a collective agreement about security, transition and employment protection. The Swedish Government decided to modernise the Swedish Employment Protection Act (LAS) 1 in line with the social partners’ suggestions. The government proposal covers three important labour law areas: (1) changes to the Swedish Employment Protection Act; (2) new state-financed public support for skills development; and (3) a new public transition organisation to provide basic transition support for employees not covered by a collective agreement. This article shows that the social partners have great power over new legislation and can create stability in labour law regulation in Sweden for the future. The government’s proposal implies that new regulation has moved from the provision of employment protection depending on length of service to better transition conditions for employees, and that the state is to take financial responsibility for the lifelong learning of professionals.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":"13 1","pages":"292 - 304"},"PeriodicalIF":0.7,"publicationDate":"2022-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44339133","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