Description
Book SynopsisIn the beginning Labour Law and Social Security Law were of little significance in the development of European Law. They only played a very minor role in the founding Treaties of the European Communities as their aim was primarily to harmonise economic, not social conditions. 50 years after the Rome Treaties the situation is completely different – there is more and more awareness that the only way to further develop European Law and the European Union as a whole is by not only getting rid of competitive constraints but also by making the citizens of Europe aware of its social dimension. Now is therefore a good time for an outline of European Labour Law. This textbook was written mainly with students in mind that are specialising in Labour Law but it also gives practising labour lawyers an overview of the most important regulations and judgments on this subject. References were deliberately kept to a minimum, instead numerous examples and a summary of the most significant judgments of the ECJ illustrate vividly the contentious issues.
Table of Contents§ 1. Basics I. What is European Labour Law? II. Development of European Labour Law III. To recap: The terms used in European Law IV. To recap: Interpretation of European Law V. What can the EU regulate in the field of labour law? VI. Means of reviewing conformity with European Law VII. Role of the social partners § 2. Freedom of movement for workers I. Outline II. Scope of free movement for workers III. Right to participate in the labour market (Art. 45(3) TFEU) IV. Prohibition of discrimination (Art. 45(2) TFEU) V. Prohibition of restrictions VI. Recognition of training and other qualifications VII. Social law coordination and its effects on labour law (Art. 48 TFEU) § 3. Protection against discrimination I. Introduction II. Development III. The implementation of Directives 2000/78/EC, 2000/43/EC and 2002/73/EC IV. The different forms of unlawful discrimination V. The beginnings: sex discrimination VI. The Anti-Discrimination Directives 2000/43/EC and 2000/78/EC VII. Common problems in the directives VIII. Parallel development: US-American Law § 4. Precarious Employment I. Category II. Part-time employment III. Fixed-term work IV. Temporary agency work § 5. Transfer of undertakings I. Objectives and development II. Existence of a transfer of undertaking III. Legal consequences of a transfer of undertaking § 6. Protection against collective redundancies I. Collective redundancies as an issue of employment law II. Definitions employed by the ECJ § 7. Working Time I. General II. Scope of application III. Working time IV. Organization of working time V. Night and shift work VI. Derogations VII. Proposal for amendment VIII. Comparative Law § 8. Proof of employment terms I. Development of Directive 91/533/EEC II. Scope of Application (Art. 1 of the Employee Information Directive) III. Contents IV. Implementation into national law § 9. Posting of Workers I. Introduction II. Country-of-origin principle and place-of-work principle III. Posted Workers Directive (PWD) IV. Rules that apply to all forms of posting § 10. Employee Representation and Unions I. Collective Labour Law in the EU II. European law governing collective agreements and labour disputes? III. European Works Councils IV. Co-Determination in the Societas Europaea V. The instrument of the "negotiation solution" VI. Information and Consultation Directive 2002/14/EC VII. Excursus: Codetermination policies in the various European states § 11. International Labour Law I. Internationalisation of the labour market II. Applicable law in cross-border employment relationships III. Forum IV. Unions and collective agreements § 12. How to Find the Law I. European law II. Comparative law
