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The 1995-2005 Decade in Poland was a period of increased activity by the legislator within the framework of the labour law. There were various causes of this state of affairs. Firstly, the activity resulted from the unfinished process of adjusting law to the transformation of an economic system based on the substitution of acentrally controlled economy by an open market economy dominated by private employers. It was accompanied by extensive privatisation, which influenced individual and collective employment relations in enterprises that have undergone this process. Simultaneously, the phenomenon of unemployment increased to reach the highest rate in EU at the end of the decade. Hence, labour law had to be treated as one of the instruments of solving labour market problems. On 1st May 2004 Poland became a member of the European Union, which demanded the effort of transposing the whole 'acquis communautaire' into Polish labour law. Finally, the pressure of employers, demanding lower labour costs in order to increase the competitiveness of enterprises, brought about increased flexibility and the rationalisation of labour law regulations.
The evolution of labour law in the period 1995-2006 is a continuation of the changes in its development which took place in the year 1992 under the conditions of Bulgarian society's profound changes following the collapse of the totalitarian regime in the late 1989. This process took place under the European Agreement on the association of Bulgaria to the European Union, which was operative in 1995-2005. Its main content was the approximation of the existing and future legislation of the country, including its labour law, to the Community law.
Explores developments in labour law in EU countries. Covers constitutional developments, the impact of the European Employment Strategy, the autonomy of labour law, labour flexibility, the relationship between law and collective agreements, employment security and equal employment opportunity.
This study is devoted to the evolution of labour law in the Czech Republic and Slovak Republic. Data from the two countries were concentrated into a single study for two main reasons: the countries have experienced a very similiar evolution of labour law in the past ten years and share a common history in the Czechoslovak state through almost the entire 20th century. As Czechoslovakia, the two countries also experienced a period of rule by the communist party. The impact this had on labour was the introduction of a very protective model of labour law, which became a distinct field of mixed public-private law, separate from civil law.
Author : Alan C. Neal Publisher : Kluwer Law International B.V. Page : 193 pages File Size : 26,63 MB Release : 2004-01-01 Category : Law ISBN : 9041123121
In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.
On the occasion of the official ‘retirement’ of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor’s work. The authors pay particular attention to the tension, always present in Jacobs’s critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs’s work – are the following: the right to work; the right to strike versus the freedom to strike; the role of the European Union in national labour law; transnational collective bargaining; social security issues; labour law and the social teaching of churches; bankruptcy; and more.
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.