Subjects -> LAW (Total: 1495 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (152 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (188 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (898 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (188 journals)                     

Showing 1 - 188 of 188 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 18)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 11)
Afrilex     Open Access   (Followers: 5)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 14)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 5)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 15)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 224)
European Journal of Migration and Law     Hybrid Journal   (Followers: 40)
European Labour Law Journal     Full-text available via subscription   (Followers: 16)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 261)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 27)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 26)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 20)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 12)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 24)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 9)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 19)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 6)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 16)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 13)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
European Labour Law Journal
Number of Followers: 16  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2031-9525 - ISSN (Online) 2399-5556
Published by Sage Publications Homepage  [1085 journals]
  • Editorial
    • Authors: Bernd Waas
      Pages: 341 - 342
      Abstract: European Labour Law Journal, Volume 10, Issue 4, Page 341-342, December 2019.

      Citation: European Labour Law Journal
      PubDate: 2019-12-01T08:00:00Z
      DOI: 10.1177/2031952519886206
       
  • Taking EU labour law beyond the employment contract: The role played by
           the European Court of Justice
    • Authors: Emanuele Menegatti
      Abstract: European Labour Law Journal, Ahead of Print.
      The ongoing transformation of work has been increasing the number of working relationships not falling within the domain of labour law. Non-standard and contingent working arrangements, most recently those prompted by the so-called gig economy, struggle to meet customary employment tests, since the employee/self-employed dichotomy has long been eclipsed. As this article will argue, the Court of Justice of the European Union, in shaping the scope of EU labour law, has been looking beyond the traditional categories. Starting from the area of the free movement of workers, the Court has built a common European concept of worker, broader than that of ‘employee’ endorsed by national jurisdictions, applying it to an increasing body of EU social legislation. Because of the primacy of EU law, the Court’s approach is bound to influence national laws.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:56:45Z
      DOI: 10.1177/2031952519884713
       
  • Fixed-Term work: Recent developments in the case law of the Court of
           Justice of the European Union
    • Authors: A.P. van der Mei
      Abstract: European Labour Law Journal, Ahead of Print.
      This contribution provides an analytical overview of recent case law of the Court of Justice of the European Union on the framework agreement on fixed-term work (FTW agreement). The cases discussed virtually all concerned fixed-term work in the public sector and, in essence, raise the delicate question of whether the non-discrimination rule and the rules on fighting abuse of successive fixed-term employment relationships, demand from Member States to sacrifice classic notions of public service employment. The case law reveals that the Court leaves the Member States considerable discretion in hiring fixed-term workers instead of permanent workers or civil servants.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:55:45Z
      DOI: 10.1177/2031952519883487
       
  • People with intellectual disabilities and labour market inclusion: What
           role for EU labour law'
    • Authors: Mark Bell
      Abstract: European Labour Law Journal, Ahead of Print.
      People with intellectual disabilities occupy a peripheral position in the labour market. They have low rates of participation in employment and this often takes the form of sheltered employment in settings segregated from persons without disabilities. Although their working lives have received limited attention in legal scholarship, this article argues that law can play a positive role in fostering greater inclusion. Taking into account the UN Convention on the Rights of Persons with Disabilities, this article analyses EU legislation and case law in order to identify how these apply to those working in sheltered employment and how they may assist in tackling barriers to participating in the open labour market. While EU labour law already contains measures that have the potential to improve the position of people with intellectual disabilities, the article identifies scope for enhancing the effectiveness of these instruments.
      Citation: European Labour Law Journal
      PubDate: 2019-10-22T03:11:31Z
      DOI: 10.1177/2031952519882953
       
  • The Matzak judgment of the CJEU: The concept of worker and the blurring
           frontiers of work and rest time
    • Authors: Manuel Antonio García-Muñoz Alhambra, Christina Hiessl
      First page: 343
      Abstract: European Labour Law Journal, Ahead of Print.
      The CJEU’S Matzak judgment raises diverse and important questions concerning (not only) working time regulation in the European Union. The present special issue sheds light on some of these questions, more specifically with regard to the Working Time Directive‘s personal scope as well as the notions of working time and rest time under EU law. The Directive’s scope is linked to the concept of worker and the criteria to construct it and, in the context of the Matzak case, leads to interesting questions about the position of volunteers in EU law and the problem of concurrent contracts. In this respect, exploring a purposive approach attending to the health and safety aims of the Directive may be fruitful. The boundaries between working time and rest time are far from clear, especially in situations of stand-by and on call time. Here the proposal of an intermediate category related to the idea of quality of rest time is discussed.
      Citation: European Labour Law Journal
      PubDate: 2019-11-11T02:22:29Z
      DOI: 10.1177/2031952519886153
       
  • The classification as ‘worker’ under EU law
    • Authors: Adam Sagan
      First page: 353
      Abstract: European Labour Law Journal, Ahead of Print.
      The paper discusses the concept of the term worker in European labour law, focusing on the decision of the Court of Justice of the European Union in the Matzak case. First, the facts that are essential to Mr Matzak’s qualification as a worker are presented. In a second step, the part of the Court’s decision which refers to the concept of ‘worker’ is analysed. The third and main part deals in detail with the current discussion of the concept of the term ‘worker’ in EU law. This analysis should make it possible to systemise the decisions of the Court. Finally, an attempt is made to classify the decision of the Court in the Matzak within its own case law and to assess its consequences for future decisions.
      Citation: European Labour Law Journal
      PubDate: 2019-11-12T02:38:24Z
      DOI: 10.1177/2031952519886143
       
  • The position of volunteers in EU-working time law
         This is an Open Access Article Open Access Article

    • Authors: Martin Risak
      First page: 362
      Abstract: European Labour Law Journal, Ahead of Print.
      One aspect also addressed in the Matzak case is the personal scope of the Working Time Directive 2003/88 (WTD), as Mr Matzak is a ‘volunteer firefighter’ and it is not clear if such persons are covered by this piece of EU legislation. This article will therefore first explore the notion of ‘volunteer’ and then examine under what circumstances volunteers are to be considered workers for the purpose of the WTD. It will become evident that the element of remuneration/pay has a special relevance in this context although this is not really in line with the health and safety purpose of the WTD. A purposive approach of defining the personal scope of application of the WTD might lead to more suitable results.
      Citation: European Labour Law Journal
      PubDate: 2019-11-19T04:20:44Z
      DOI: 10.1177/2031952519886150
       
  • Between health and salary: The incomplete regulation of working time in
           European law
    • Authors: Vincenzo Ferrante
      First page: 370
      Abstract: European Labour Law Journal, Ahead of Print.
      The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:57:25Z
      DOI: 10.1177/2031952519886144
       
  • Potential implications of the Matzak judgment (quality of rest time, right
           to disconnect)
    • Authors: Leszek Mitrus
      First page: 386
      Abstract: European Labour Law Journal, Ahead of Print.
      The present elaboration is dedicated to one of the aspects of the Matzak judgment, where CJEU ruled that a standby time which a volunteer firefighter spends at home with the duty to respond to calls from his employer within a few minutes, very significantly restricting the opportunities to do other activities, must be regarded as working time under the Directive 2003/88. The position of the Advocate General, who suggested that ‘the degree of freedom enjoyed by the worker’ and ‘the quality of time’ while a worker is on standby duty should be assessed, as well as the Court’s opinion, that the temporal and geographical constraints imposed on the on-call worker are of decisive importance, have been analysed. In the Author’s view, the binary relationship between ‘working time’ and ‘rest period’, as provided by Directive 2003/88, does not always meet the requirements of the current labour market. Moreover, in the digital age the ‘rest period’ does not necessarily amount to genuine free time. The Author examines possible further legislative developments concerning the concepts of working time and rest period, including the newly emerging idea of the right to disconnect, i.e. the worker’s ability to disconnect from work, especially by not engaging in electronic work-related communications during his rest period.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:58:05Z
      DOI: 10.1177/2031952519886149
       
  • The ‘puzzle’ of workers’ mobility in Italy
    • Authors: Massimiliano Delfino
      Abstract: European Labour Law Journal, Ahead of Print.
      In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.
      Citation: European Labour Law Journal
      DOI: 10.1177/2031952519900997
       
  • ‘Outsourcing’ the integrated approach to interpretation: The
           implications of Association of Academics v Iceland
    • Authors: Halldor Kr. Thorsteinsson
      Abstract: European Labour Law Journal, Ahead of Print.
      The European Court of Human Rights has recognised the right to strike as falling within the ambit of Article 11 ECHR. The Strasbourg Court has expanded the scope of the provision by applying the so-called integrated approach, integrating materials of other international bodies into the interpretation of the Convention. Recently, the protection of the right to strike under Article 11 (1) ECHR has been threatened by the expansion of Article 11 (2). The concurrent expansion of the two provisions has created a rift in the jurisprudence of the Court. The inconsistent application of the integrated approach poses a further threat to the protection of the right to strike. This article focuses on a recent verdict of the Strasbourg Court, Association of Academics v Iceland. The decision raises questions about the interpretative approach of the Court. It has been criticised for neglecting the integrated approach. It is argued that the integrated approach was not completely abandoned in Association of Academics. Instead, the Court granted discretion to the national courts once it had established that the integrated approach was applied at a national level. The ‘outsourcing’ of the integrated approach in the case led to unfortunate results for the right to strike, as the Court permitted extensive restrictions to the right on weak substantial grounds. The essay concludes with discussing the possible implications of the decision.
      Citation: European Labour Law Journal
      DOI: 10.1177/2031952519900515
       
  • Qualitative employment relationships for Ph.D. students in the EU'
    • Authors: Petra Foubert, Alexander Maes, Michelle Wilms
      Abstract: European Labour Law Journal, Ahead of Print.
      This contribution intends to shed light on the working conditions of Belgian and Italian Ph.D. students, from the angle of EU law. In Belgium these (mostly young) researchers can be recruited either as ‘Ph.D. fellows’ or ‘teaching assistants’. Ph.D. fellows have a student-like status: they touch a fellowship exempt from personal income tax. However, social contributions are being withheld, for them to enjoy social security benefits and build up pension rights. Teaching assistants have an employee-like position: they receive a salary which is subject to personal income tax as well as to social security contributions. In Italy, Ph.D. students have a standard student-like status, comparable to Belgian Ph.D. fellows. The working hypothesis is that the pressure that (Belgian) universities experience to speed up research efforts (and outcomes) does not necessarily lead to qualitative (employment) relationships but may, instead, create some sort of precarious work. In light of the recent work-life balance Directive, this contribution will illustrate the differences in status with regard to paternity and parental leave.
      Citation: European Labour Law Journal
      DOI: 10.1177/2031952519900995
       
  • Collective working conditions for everyone'! – Collective provisions
           with erga omnes effect and statutory extension of collective agreements
           from a German law perspective
    • Authors: Claudia Schubert, Laura Schmitt
      Abstract: European Labour Law Journal, Ahead of Print.
      Not only in Germany but in many European states the level of coverage by collective agreements is declining. Since collective bargaining autonomy is based on the principle of voluntary membership, one of its weaknesses lies in the declining degree of organisation on both the employers’ and the employees’ side. In the long term, weak unions cannot ensure fair working conditions. As a result, collective bargaining agreements lose their inherent warranty of correctness. In the legal policy discussion, this has led to calls for the legislator. In response, in 2014 the German legislature passed the ‘Act to Strengthen the Autonomy of Collective Bargaining’ (Tarifautonomiestärkungsgesetz) to lower the requirements for the extension of collective agreements and to introduce a national minimum wage. As this has not led to significant improvements, there are further-reaching proposals for the statutory extension of collective agreements. The extension of collective bargaining agreements to non-members does not strengthen the social partnership on the employee side. However, it is a legitimate means to avoid a race to the bottom in competing for the lowest social standard; extensions help in creating common labour standards as long as a sufficient margin is maintained for the social partners to negotiate sector-specific regulations and to shape working conditions. A legal system, which is based on rights of freedom and does not consider the freedom of association to be a solely goal-orientated right, offers limited options to strengthen the social partners through legislation. Extensions become increasingly difficult to justify, the higher the existing level of legal protection. Especially in countries with minimum wage legislation and a large amount of employee protection legislation the justification requirements increase. However, at least in Germany, to date the judiciary has not sufficiently considered these aspects. Even though international laws leave substantial freedoms to the states, all legal systems that are based on a strong and vital social partnership should be interested in obtaining and protecting the plurality of collective bargaining agreements. They should only lay down limits, where there are tendencies of eroding solidarity among workforces due to the parallel existence of several collective bargaining agreements. The associations themselves possess limited resources for extending their member base. Still, the more the individual can gain from association membership, the more likely employees and employers are to join their respective associations. Therefore, the state should demonstrate restraint regarding the regulation of labour conditions. However, such restraint will prove difficult for welfare states. Their governments will most likely opt to eliminate deficiencies through legislation, even at the price of further weakening collective bargaining autonomy. Compared to extensions, legal provisions have the disadvantage of being too general and less flexible because of the much slower adaptation process. Therefore, the main argument in favour of extensions is that they facilitate the differentiation of mandatory working conditions. To ensure their legitimation, a number of design options can be considered. Regarding this, neither European nor international law impose high requirements but existing differences between national legal systems demand custom-fit solutions.
      Citation: European Labour Law Journal
      DOI: 10.1177/2031952519891179
       
 
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