International Journal of Comparative Labour Law and Industrial Relations最新文献_第2页

The Serious Business of Having Fun: EU Legal Protection for Those Working Online in the Digital Economy 娱乐的严肃业务：欧盟对数字经济中在线工作人员的法律保护

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023008

C. Barnard

{"title":"The Serious Business of Having Fun: EU Legal Protection for Those Working Online in the Digital Economy","authors":"C. Barnard","doi":"10.54648/ijcl2023008","DOIUrl":"https://doi.org/10.54648/ijcl2023008","url":null,"abstract":"While a huge amount of judicial and academic attention has been paid to the employment status of those who provide physical services via an app, such as ride-hailing services by Uber drivers and food delivery services by Deliveroo cyclists, much less attention has been given to the legal position of those providing services as influencers and content creators in the online world via platforms such as Instagram and YouTube. It may be possible that some fall within the Court of Justice’s increasingly broad definition of ‘worker’, a position helped by the presumption of worker status in the proposed Platform Work Directive. If so, they will benefit from the full range of EU employment rights. But many are genuinely self-employed and so are entitled to almost no employment protection. Yet, like workers, they have a vulnerability. If their access to these platforms is turned off, it is highly damaging for their work; and there may be no obvious alternative platform to give them the profile which is necessary for them to succeed. The EU is showing itself to be innovative in responding to this challenge: first, with an extended personal scope under the proposed Platform Workers Directive which gives some rights to ‘persons performing platform work’ (PPPW) (and more rights still to ‘platform workers’), and second, in the P2B Regulation 2019/1150 and the Digital Services Act, by moving away from the focus on the status of the individual and paying attention instead to the obligations of the platform. These obligations can be summed up by the acronym TAR: Transparency, Accountability and Remedies. They are procedural rather than substantive obligations but they do recognize the need for at least some protection for those who, in the past, would have been denied it. This legislation is, indirectly, beginning to reshape our understanding of what constitutes labour law.\u0000Gig Economy, Precarity, Worker Protection, Online Platforms, Influencers, Content Creators","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42065719","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

Why Is It Better to Treat Every Provision of EU Directives as Having Horizontal Direct Effect? 为什么最好将欧盟指令的每一项规定都视为具有横向直接影响?

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023014

M. Bobek

引用次数: 0

‘To Move Is to Stir, and to Be Valiant Is to Stand’. Some Challenges Concerning Free Movement: Restrictions and Guarantees Post Covid-19, New Family Models and Digitalization “动则动，勇则立”。关于自由流动的一些挑战:新冠肺炎后的限制与保障、新家庭模式与数字化

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023012

José María Miranda Boto

{"title":"‘To Move Is to Stir, and to Be Valiant Is to Stand’. Some Challenges Concerning Free Movement: Restrictions and Guarantees Post Covid-19, New Family Models and Digitalization","authors":"José María Miranda Boto","doi":"10.54648/ijcl2023012","DOIUrl":"https://doi.org/10.54648/ijcl2023012","url":null,"abstract":"In the past half a century, free movement has faced a number of challenges. Few have been on the scale of the Covid-19 pandemic, which was characterized by unsuspected difficulties. This paper aims to analyse the responses to these difficulties, both in terms of the restrictions arising from instruments such as the Covid Passport and possible guarantees for the future. Vaccination certificates, derived from a regulation that seeks to ensure free movement, have a dual nature as a restriction that deserves to be analysed. On the other hand, the consolidation of the idea of key occupations is set to be of great importance but requires a final effort for effective implementation. In addition to these issues, the study examines the adaptation of existing legislation to new family configurations, including considerations on the case law of the Court of Justice of the European Union (CJEU) on same-sex marriages and the clash with certain legislative provisions. Theoretical attention is also paid to the problems potentially arising from marriages in nonrecognized forms. Finally, some issues are examined with regard to platform work and digital teleworking.\u0000Free Movement, Covid-19, Vaccines, Family Models, Digitalization","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44968648","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

Social Europe in Times of COVID-19 新冠肺炎时代的社会欧洲

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023010

Sylvaine Laulom

{"title":"Social Europe in Times of COVID-19","authors":"Sylvaine Laulom","doi":"10.54648/ijcl2023010","DOIUrl":"https://doi.org/10.54648/ijcl2023010","url":null,"abstract":"COVID-19 gave rise to an unprecedented global crisis. As the end of the pandemic approaches and new crises have taken hold of Europe in the shape of the Russian invasion of Ukraine, we propose in this study to analyse the actions taken by the European Union in the field of labour law during the pandemic. While any crisis can reveal the strengths and weaknesses of a society, what does the pandemic tell us in particular about the state of Social Europe and its future?\u0000The responses from Europe have been different from the previous crisis, especially the 2008 crisis. First, as an immediate response, the European Union released Member States from the European budgetary rules enshrined in the European Semester. Second, it adopted a specific instrument, the Support to mitigate Unemployment Risks in an Emergency (SURE) programme, to facilitate short time working (STW) schemes. Third, the implementation of the European pillar of social rights continued, with new social directives expected to be adopted in the coming months. Unlike the 2008 crisis, the COVID-19 period could mark a deepening of social Europe.\u0000Social Europe, European Employment Policy, COVID-19, Short-time Working, European Pillar of Social Rights","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43142874","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 Response of Social Europe in Times of Covid-19 新冠肺炎时期欧洲社会的应对

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023011

Thomas Pfalz

引用次数: 0

The Pandemic and Free Movement of Workers: Two Challenges in Austrian Practice 流行病和工人自由流动:奥地利实践中的两项挑战

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023013

Thomas Dullinger

引用次数: 0

European Framework Agreements in Multinational Companies. What Role for European Labour Law? 跨国公司的欧洲框架协议。欧洲劳动法的作用是什么?

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-06-01 DOI: 10.54648/ijcl2023017

L. Pisarczyk, A. Boguska

{"title":"European Framework Agreements in Multinational Companies. What Role for European Labour Law?","authors":"L. Pisarczyk, A. Boguska","doi":"10.54648/ijcl2023017","DOIUrl":"https://doi.org/10.54648/ijcl2023017","url":null,"abstract":"This article focuses on European Framework Agreements (EFAs) concluded between multinational companies and employee representatives (trade unions, European Works Councils (EWCs)). EFAs have been seen as a chance to revive industrial relations, in particular in countries (e.g., Eastern European countries) where traditional collective bargaining is in a critical condition. The main problem concerning EFAs is, however, the lack of an appropriate legal framework suitable for the transnational nature of the agreements. Although the development of EFAs depends on various factors, including the engagement of the social partners, the lack of any legal framework may be perceived as an obstacle to conducting transnational negotiations and concluding EFAs. Undoubtedly, the most important role in creating a legal framework for transnational agreements should be played by EU law. In the authors’ opinion, the EU has the legal instruments to create a legal framework for EFAs. The best way to create a legal framework for EFAs seems to be in the form of a directive pursuant to Article 153(1)(b) and (f) in conjunction with Article 153(2)(b) of the Treaty on the Functioning of the European Union (TFEU). It is important to adopt solutions that would facilitate negotiations, with a view to ensuring their effectiveness, while providing support mechanisms for monitoring and resolving potential conflicts. However, adopting a framework for EFAs may turn out to be difficult due to the lack of political will. Perhaps the changing reality will induce the stakeholders to resume work on the regulation – the more so as EFAs fit into the European Pillar of Social Rights.\u0000European Framework Agreements, Collective Bargaining, Multinational, Companies, Trade Unions, European Works Councils","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46161838","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

Riccardo Del Punta (1957–2022) 里卡多·德尔蓬塔（1957–2022）

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-03-01 DOI: 10.54648/ijcl2023001

Manfred Weiss, Alan C. Neal

引用次数: 0

The Impact of Populism on Scandinavian Labour Law: The Cases of Norway and Sweden 民粹主义对斯堪的纳维亚劳动法的影响:以挪威和瑞典为例

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-03-01 DOI: 10.54648/ijcl2023006

Andreas Inghammar, Alexander Sønderland Skjønberg

{"title":"The Impact of Populism on Scandinavian Labour Law: The Cases of Norway and Sweden","authors":"Andreas Inghammar, Alexander Sønderland Skjønberg","doi":"10.54648/ijcl2023006","DOIUrl":"https://doi.org/10.54648/ijcl2023006","url":null,"abstract":"Modern populism has developed in Scandinavia since at least the 1970s, first in Norway and Denmark but more recently also in Sweden. Populist political parties have been well-established in Scandinavian Parliaments for many years. However, from a labour law perspective, the populist impact, if any, has been limited and populist discourse has primarily focused on issues such as migration and the European Union (EU), and to some extent ‘welfare tourism’. This article examines the development of populist movements in Norway and Sweden and analyses the possible impact of populist policies on national labour law. The conclusion is that Nordic industrial relations and labour market regulations, based on strong and representative trade unions and well-organized and responsible employer federations, act as a robust counterweight to populist policies on the labour market.\u0000Section 2 of the article consists of a discussion of how we understand the development of modern populism in a Norwegian and Swedish perspective. Section 3 explores the extent to which populist political ideas have directly impacted or indirectly influenced labour market regulations in the two countries. In concluding, section 4 monitors the potency of strong and well-established industrial relations as a countervailing force to populist political movements.\u0000Populist Policies, Labour Market Regulation, Scandinavia, Norway, Sweden, Resilience to Populism","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44340584","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

Populism and Social Law: The Case of Southern Europe 民粹主义与社会法:以南欧为例

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International Journal of Comparative Labour Law and Industrial Relations Pub Date : 2023-03-01 DOI: 10.54648/ijcl2023005

E. Menegatti, E. Bakirtzi, Ana Belén Muñoz Ruiz, María Salas Porras

{"title":"Populism and Social Law: The Case of Southern Europe","authors":"E. Menegatti, E. Bakirtzi, Ana Belén Muñoz Ruiz, María Salas Porras","doi":"10.54648/ijcl2023005","DOIUrl":"https://doi.org/10.54648/ijcl2023005","url":null,"abstract":"Both left-wing and right-wing populism have found fertile ground in Southern European countries, especially in the wake of the economic crisis. Impoverishment, rising inequality and social insecurity caused by growing unemployment generated by the great recession and as a side-effect of austerity measures have increased social discontent toward the traditional political establishment. This has promoted populist movements, such as the Five Star Movement and the League (the successor to the Northern League) in Italy, and Syriza in Greece, along with Podemos and Vox in Spain.\u0000In the first section the article introduces the populists to be scrutinized in the subsequent sections before exploring the reasons behind the rise of populist movements in Greece, Italy and Spain, and examining the kind of populism they share. In the second section we illustrate the political agenda of the ruling populist parties. The article highlights the fact that while in Greece and Italy ‘all-populist’ governments have been in charge in recent years and have managed to implement some of their reforms, in Spain they have never come to power alone, but only within a coalition with traditional parties, so we will mostly discuss their political agenda. The third section focuses on an evaluation of the effectiveness of the policies implemented with respect to the social issues these groups purported to address. This will take us to a final discussion of the real capacity demonstrated by ruling populists to promote a new social model or a valid alternative to the mainstream liberal one.\u0000Populism, labour law, social security law, social model","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42713642","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