Subjects -> LABOR UNIONS (Total: 27 journals)
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- Voluntary work in Europe: Introduction to this special issue
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Authors: Christina Hiessl Pages: 227 - 231 Abstract: European Labour Law Journal, Volume 15, Issue 2, Page 227-231, June 2024.
Citation: European Labour Law Journal PubDate: 2024-05-16T05:38:36Z DOI: 10.1177/20319525241242908 Issue No: Vol. 15, No. 2 (2024)
- Book Review: Employment Law and the European Convention on Human Rights
– The Research of the Recent Jurisprudence of the ECtHR Related to Employment Law (2017–2021), Bulletin of Comparative Labour Relations by Elena Sychenko & Adalberto Perulli-
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Authors: Achim Seifert Abstract: European Labour Law Journal, Ahead of Print.
Citation: European Labour Law Journal PubDate: 2024-08-09T05:27:10Z DOI: 10.1177/20319525241261029
- Headscarf bans in the public workplace before the Court of Justice: OP v.
Commune d’Ans or the Art of Ambiguity-
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Authors: Julie Ringelheim Abstract: European Labour Law Journal, Ahead of Print. OP v Commune d'Ans, handed down on 28 November 2023, is the fifth judgment issued by the Court of Justice of the European Union on a ban on the wearing of religious symbols in employment, but the first to concern a public workplace. This article argues that the judgment does not help clarify the issue. It is ambiguous and provides only vague guidance to national courts. Two aspects of its reasoning are particularly puzzling: firstly, the absence of any discussion on the very meaning and implications of the neutrality of the public service; and secondly, the recognition of a margin of discretion not only for states but also for sub-state entities, such as municipalities, in determining the concrete content of that principle. Citation: European Labour Law Journal PubDate: 2024-06-20T12:55:12Z DOI: 10.1177/20319525241261027
- Prison work in law and reality: Comparative perspectives from Brazil, the
UK, and the US-
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Authors: Ben Jarman, Catherine Heard Abstract: European Labour Law Journal, Ahead of Print. International law provides that work by sentenced prisoners ought to prepare them for life after release. Yet reliable data on the nature, extent and impacts of prison work is lacking in much of the world, and what there is suggests that much prison work is far from voluntary, is unpaid or poorly paid, is unskilled or low-skilled, and does little to improve employment prospects on release. This article compares how prison work is defined and governed in law and shaped by policy, and how it is organised in practice. It describes the operationalisation of key legal provisions relating to prison work in three countries, and compares the purposes for prison work defined in law, the protections available to working prisoners, and the incentives or penalties used to secure participation. It also summarises the limited data available showing how many prisoners perform which kinds of work in each country. Finally, it argues that efforts to bring prison work provision into closer compliance with international standards should be sensitive to local variation, and suggests clarifying questions which could be used in such a reform process. Citation: European Labour Law Journal PubDate: 2024-06-18T06:45:38Z DOI: 10.1177/20319525241263179
- Statutory leave for early pregnancy loss: A comparative study
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Authors: Ruadh Kelly-Harrington, Claire Murray, Marita Hennessy, Sara Leitao, Maeve O’Sullivan, Caroline Dalton-O’Connor, Daniel Nuzum, Keelin O’Donoghue, Mary Donnelly Abstract: European Labour Law Journal, Ahead of Print. Pregnancy loss prior to fetal viability is a common experience for women worldwide – 1 in 4 pregnancies end in miscarriage. Increased recognition of the impact of such loss has put the issue of statutory leave in this context on the policy and legislative agenda in an increasing number of jurisdictions. This article seeks to help inform these debates by presenting the findings of a comparative study of jurisdictions which have introduced such leave. From this, the article identifies two main approaches: leave based on the sick leave model and leave based on the compassionate leave model. The article argues that both models have strengths and limitations. What works in each individual jurisdiction will depend, among other factors, on the way in which the jurisdiction in question addresses the issue of leave more broadly. However, regardless of the model adopted, the article argues that some form of statutory leave for miscarriage and other pregnancy loss should be introduced on the basis that such leave serves to reinforce the equality agenda, provides a chance for care and recovery following pregnancy loss, and serves an important expressive and educative goal in ensuring better understanding of the impact of pregnancy loss on those who experience such loss. Citation: European Labour Law Journal PubDate: 2024-06-18T06:45:18Z DOI: 10.1177/20319525241263177
- Irish Supreme Court rules pizza delivery drivers are employees for tax
purposes: What's the takeaway for the gig economy in Europe'-
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Authors: Marta Lasek-Markey Abstract: European Labour Law Journal, Ahead of Print. In October 2023, Ireland's Supreme Court handed down its judgment in the case of The Revenue Commissioners v Karshan Midlands t/a Domino's Pizza. Following the CJEU ruling in Yodel, and that of the UK Supreme Court in Uber v Aslam, this decision is yet another addition to the debate around the employment status of gig workers that European courts have been grappling with, in common and civil law jurisdictions alike. In Karshan, the Irish Supreme Court ruled that Domino's pizza delivery drivers should indeed be treated as employees for the purposes of taxation. Importantly, however, the ruling was delivered based on a different set of facts than some of the other gig economy cases heard in Europe – notably, in Karshan there was no digital platform and, therefore, the link between the delivery drivers and Domino's was more pronounced than in cases involving a platform. The scope of comparison to Yodel is, thus, limited. Furthermore, the judgment is narrow in its scope and, disappointingly, appears to deliberately leave many questions unanswered, failing to seize the opportunity to provide more clarity for gig workers and employers alike. This is typical of the current state of affairs in employment law, which, while aware that traditional approaches are inadequate to the evolving world of work, has not yet come up with a comprehensive way of addressing these challenges. Despite these shortcomings, Karhsan offers some valuable insights into the discussion on the gig economy as the EU institutions are working to adopt the much-anticipated Platform Workers Directive. Citation: European Labour Law Journal PubDate: 2024-06-18T06:44:59Z DOI: 10.1177/20319525241261032
- Recent reforms of prison work in France: Stepping stones on the way to
equal rights-
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Authors: Sophie Robin-Olivier Abstract: European Labour Law Journal, Ahead of Print. This contribution focuses on the limits to equality that continue to prevail in French law as far as prison workers are concerned. After taking stock of the progress towards equality accomplished in recent reforms, it sheds light on blocks of resistance to the movement towards equal rights. The contributions proposes a typology of arguments that are used to deprive prison workers of social rights and explores grounds that could serve to reverse this traditional approach, and justify buttressing prison workers’ social rights. Citation: European Labour Law Journal PubDate: 2024-06-17T08:12:31Z DOI: 10.1177/20319525241261035
- Platform work and traditional employee protection: The need for
alternative legal approaches-
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Authors: Sonja Mangold Abstract: European Labour Law Journal, Ahead of Print. Paid work via digital platforms (so-called crowd work and gig work) is gaining in importance in Europe. Platform workers often suffer poor working conditions. Most platform companies treat crowd and gig workers as self-employed or independent contractors and, thus, normally protective labour laws do not apply. In response, initiatives have been taken through case law and legislation to extend the reach of the traditional employmentship to platform work. For example, the German Federal Labour Court (Bundesarbeitsgericht) reclassified and treated platform workers as employees in high-profile rulings, which are discussed in more detail below. The recently adopted EU Directive on Platform Work enshrines a legal presumption of employment for platform workers. Regulations have also recently been introduced in EU Member States that subsume platform workers under the concept of employee. However, as argued in this article, legal and judicial initiatives aimed at extending the employee status often have limits given the market dynamics and de facto adaptation and circumvention strategies used by platform businesses. Moreover, traditional labour law protection does not always seem to be suitable for tackling the complexities and peculiarities of the various types of platforms. The following theses therefore seem worth discussing: 1. Extending employee status to platform work appears promising if this is already anchored in the socio-economic reality and if a consensus can be reached between the social partners in this regard. An existing example is the Spanish riders’ law, which pursues a sectoral approach and was supported not only by trade union organisations but also by employers’ associations. 2. In addition, the creation of a substantial core of social rights for platform workers, irrespective of employment status, should be strongly focused and legally brought forward. The long-standing scholarly discussion about alternative regulatory approaches to forms of work in the legal grey area between dependent employment and self-employment should be revived and made fruitful for the new phenomenon of digital work platforms. 3. Thirdly, self-regulatory Corporate Social Responsibility (CSR) initiatives by platform companies to improve working conditions should be encouraged by legislators and policymakers. As will be shown later in this article, a wide range of CSR efforts by the platforms already exist. In order to counter the risk of window dressing, the platform business operators’ own initiatives should be made effective through appropriate flanking legal measures and public pressure. Citation: European Labour Law Journal PubDate: 2024-06-17T07:13:30Z DOI: 10.1177/20319525241260878
- Religious discrimination at the CJEU and the social inclusion approach
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Authors: Erica Howard Abstract: European Labour Law Journal, Ahead of Print. The social inclusion approach to EU anti-discrimination law, as set out by Ringelheim, is aimed at achieving inclusion and participation in employment and wider society of all groups, including the most disadvantaged. But is the CJEU using this social inclusion approach, especially in cases concerning religious discrimination' This article argues that the CJEU, in cases regarding racial and ethnic origin, disability and sexual orientation discrimination as well as in some cases regarding religion or belief discrimination, has indeed applied a social inclusion approach, but that the six judgments regarding the wearing of Islamic headscarves at work are an exception. In the latter cases, the CJEU did not appear to pay any attention to the effect of the judgments on the employment opportunities of Muslim women who want to wear religious symbols at work. Citation: European Labour Law Journal PubDate: 2024-06-11T07:40:19Z DOI: 10.1177/20319525241261030
- The first platform work judgment in Central and Eastern Europe
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Authors: Tamás Gyulavári Abstract: European Labour Law Journal, Ahead of Print. The Hungarian Supreme Court passed the first platform work decision in Central and Eastern Europe in December 2023. The court classified the food delivery platform worker of a delivery platform as self-employed, based on interpretation of the Labour Code, and case law on employment relationships. The reasoning of the decision calls for a critique. Citation: European Labour Law Journal PubDate: 2024-06-07T11:55:52Z DOI: 10.1177/20319525241260869
- The Directive (EU) 2022/2041 on adequate minimum wages in the European
Union: Much ado about nothing in Sweden'-
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Authors: Niklas Selberg, Erik Sjödin Abstract: European Labour Law Journal, Ahead of Print. The EU Directive 2022/2041 on adequate minimum wages has been welcomed by many stakeholders, but Sweden (together with Denmark), with its historically good track record regarding labour rights, is opposing it on both political and legal grounds. The Directive, the Swedish Government argues, will not fulfil its goals, and concerns, in any instance, matters that are excluded from the competence of the EU. This article describes and analyses the implementation measures in a system whose wage-setting mechanism – at least according to its own opinion – needs no support, and in which legal and political objections have been raised against the Directive. Citation: European Labour Law Journal PubDate: 2024-05-25T07:06:19Z DOI: 10.1177/20319525241255564
- Effective enforcement of the EU framework on the posting of workers:
Empirical evidence-
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Authors: Marta Lasek-Markey Abstract: European Labour Law Journal, Ahead of Print. This article addresses the issue of effective enforcement of EU labour law by looking at the case study of the enforcement of the EU framework on the posting of workers. While recent years have seen a revival of Social Europe in the form of the European Pillar of Social Rights, scholars have also expressed concern over the effectiveness in practice of transnational labour law, and EU labour law in particular. Rasnača (2022) argues that ineffective enforcement creates a ‘justice gap’ between formal rights on paper and access to these rights in practice. One example of an area of EU labour law plagued by enforcement issues is the posting of workers. It is a peculiar type of intra-EU labour mobility, where posted workers, despite often being EU citizens, cannot benefit from the protection afforded by the EU's fundamental principle of the free movement of workers. As the original Directive 96/71/EC on the posting of workers proved manifestly inadequate to safeguard the rights of posted workers, the EU enacted Directive 2014/67 to improve the framework's enforcement. This article offers an evaluation of the Enforcement Directive based on data collected from 29 qualitative interviews. The effectiveness of the Enforcement Directive will be assessed based on the theoretical framework of precarious work. It will be argued that while the Enforcement Directive has contributed to narrowing the justice gap, posted workers continue to be exposed to precarity. Citation: European Labour Law Journal PubDate: 2024-05-23T06:05:32Z DOI: 10.1177/20319525241255601
- A commentary on the Council Recommendation on strengthening social
dialogue in the European Union-
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Authors: Anna Kwiatkiewicz Abstract: European Labour Law Journal, Ahead of Print. The 2023 Council Recommendation on strengthening social dialogue in the European Union is a very special document. It brings social dialogue into the spotlight, while respecting national social dialogue practices. Employers believe that the right balance was struck and perceive the Recommendation as a useful instrument in promoting social dialogue and strengthening capacity of social partners both the EU and national levels. The meaningfulness of this Recommendation depends now on its implementation in Member States. Granting sufficient time for implementing the Recommendation – five years with reporting to the Council on evaluation of taken actions planned for December 2029 – and involving social partners are important success factors. Citation: European Labour Law Journal PubDate: 2024-05-22T08:28:47Z DOI: 10.1177/20319525241252987
- Unvaccinated employees during Covid-19 emergency: Debating the Italian
labour court referral-
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Authors: Silvio Sonnati Abstract: European Labour Law Journal, Ahead of Print. This contribution examines the inadmissibility of a preliminary reference order submitted by the Court of Padua, Italy to the Court of Justice of the European Union (CJEU). The case involved the suspension of a worker, who, while legally obliged, declined to have the Covid-19 vaccine. The Italian court temporarily halted proceedings initiated by the worker's appeal. The author provides a comprehensive analysis facts of the case, the applicable national legislation, and the content of the preliminary reference order. The order scrutinised the compatibility of the conditional authorisation issued by the European Commission for the release of vaccines in circulation at that time. Additionally, it explored potential discrimination against workers who, by refusing vaccination, faced suspension from work without pay, as per explicit legal provisions. The contribution concludes by addressing the specific details of the inadmissibility ruling from the CJEU.Case: Judgment of the Court (Second Chamber) of 13 July 2023. D. M. v Azienda Ospedale-Università di Padova. Request for a preliminary ruling from the Tribunale Ordinario di Padova. Reference for a preliminary ruling – Public health – National legislation imposing a vaccination obligation on health professionals – Suspension from duty without pay for personnel refusing the vaccine – Regulation (EC) No 726/2004 – Medicinal products for human use – Vaccines against Covid-19 – Regulation (EC) No 507/2006 – Validity of conditional marketing authorisations – Regulation (EU) 2021/953 – Prohibition of discrimination between vaccinated and unvaccinated persons – Inadmissibility. Citation: European Labour Law Journal PubDate: 2024-05-20T10:19:08Z DOI: 10.1177/20319525241251439
- EU social dialogue revitalisation: Between rhetoric, new rights, political
commitments and historical caution-
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Authors: Silvia Rainone Abstract: European Labour Law Journal, Ahead of Print. The Council Recommendation on strengthening social dialogue is a positive recognition of the key role of social dialogue in the EU's social market economy. At the same time, episodes of institutional disfavour of the social partners’ co-determination role and resistance to robust sectoral collective bargaining warrant a cautious assessment. This article looks at the current state of EU social dialogue, examining its primary dimensions: the involvement of social partners in policymaking and the scope of collective bargaining. It assesses the Council Recommendation, along with other measures adopted during the Von der Leyen presidency, to ascertain their collective contribution in realigning EU social dialogue with the principles of the EU Treaties. Overall, the analysis reveals a nuanced picture, with both positive and challenging aspects. While collective bargaining has been given a new (albeit partial) boost, the same cannot be said for the social partners’ participation in EU policymaking. Notably, the Council Recommendation reaffirmed the Court of Justice's decision in the EPSU case, solidifying the Commission's discretionary authority to decide on the legislative implementation of framework agreements, to the detriment of the social partners’ regulatory agency. Finally, the article proposes a blueprint for further advancing the EU's aspiration for social dialogue, seeking to reconciling it with the social objectives that, constitutionally, the Union aspires to achieve. Citation: European Labour Law Journal PubDate: 2024-05-20T10:18:57Z DOI: 10.1177/20319525241251436
- Cross-border telework and the applicable labour law: The role of different
connecting factors in determining objectively applicable law-
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Authors: Annika Rosin Abstract: European Labour Law Journal, Ahead of Print. In the case of cross-border employment, the applicable law is determined mainly according to habitual place of work. If this factor cannot be clarified, the engaging place of business of the employer determines the applicable law. Both factors can be set aside if the relationship is more closely connected to some other country.Telework is performed outside the employers’ premises, and the determination of the exact workplace can be difficult. This again complicates the determination of the applicable law in cross-border cases. This article analyses how, in the case of cross-border telework, the applicable law should be determined.It is argued that the exact system depends on the type of telework. If telework is performed in one country abroad, the habitual place of work determines the applicable law. If teleworker has at least two offices or manages his own working time, the second connecting factor applies. As the determination of the applicable law according to the engaging place of business is not considered to be sufficiently employee-protective, escape clause should be emphasised in the second case to guarantee the best employment protection to the employee. Citation: European Labour Law Journal PubDate: 2024-05-16T05:09:51Z DOI: 10.1177/20319525241251435
- Protection of shop stewards in transfers of undertakings: Danish supreme
court ruling of 30 january 2024: Transfer of undertakings directive article 6; Danish transfer of undertakings act section 4-
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Authors: Natalie Videbaek Munkholm Abstract: European Labour Law Journal, Ahead of Print. A new ruling from the Danish Supreme Court gives perspective to Article 6 of Directive 2001/23/EC (ToU Directive). The ruling concerns the criteria for the continued function and protection of employee representatives under section 4(1) and (2) of the Danish ToU Act and Article 6(1) and (2) of the ToU Directive. At EU level, there is very little case law concerning Article 6 of the ToU Directive. One CJEU ruling was handed down in case C-151/09, in which the Court interpreted the concept of ‘autonomy’ in Article 6(1). The comment on the Danish Supreme Court ruling discusses the interpretation of the criteria for the continued function of shop stewards in a situation where the transferee is not covered by a collective agreement. The Eastern High Court assessment revolved around the lack of collective agreement as the basis for the function of the shop steward. The Supreme Court changed this, and instead reiterated that the criteria for the continued function of the shop steward is the preservation of the ‘autonomy’ or ‘independence’ of the transferred entity. The Danish ruling aligns with the wording of the EU Directive, but the Court did not interpret how to assess whether ‘the independence’ is preserved. In this regard, the CJEU ruling in C-151/09 is still the main source of interpretation. The Danish ruling continues to interpret the scope of the continued employment protection of the shop steward, in the situation where the function is not continued, as protected under Article 6(2) of the ToU Directive. The Supreme Court arrived at a solution whereby the employment protection continues for a period after the cessation of the functions as shop steward, which ceased at the date of transfer, until the end of the individual and extended notice period of the shop steward. Still, quite a number of questions on Article 6(1) and (2) concerning the function and protection of shop stewards in transfers of undertakings remain unanswered. Citation: European Labour Law Journal PubDate: 2024-04-22T07:49:11Z DOI: 10.1177/20319525241243046
- The working conditions of non-professional magistrates and the European
concept of ‘worker’-
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Authors: Emiliano Maran Abstract: European Labour Law Journal, Ahead of Print. This article provides an overview of the legislation on the status and working conditions of the different categories of non-professional magistrates, as utilised by the judiciary administration of European Member States. In this regard, a distinction is made between ‘lay judges’, non-professional judges cooperating in a judicial process on the basis of their perspective as normal citizens, and ‘honorary judges’, who cooperate in the adjudication with their specialist knowledge and experiences. Through the lens of the CJEU's ruling in UX, the article also provides an insight into whether, on the basis of the reported legislation, any particular category of honorary judges is susceptible of falling within the European concept of ‘worker’. Citation: European Labour Law Journal PubDate: 2024-04-08T05:17:43Z DOI: 10.1177/20319525241242896
- Not Delivering: the UK ‘worker’ concept before the UK Supreme Court in
Deliveroo - IWGB v CAC and another [2023] UKSC 43-
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Authors: Nicola Kountouris Abstract: European Labour Law Journal, Ahead of Print. The present article offers an analysis of some key aspects of the UK Supreme Court (SC) Deliveroo judgment. After a short description of some of the facts and findings of the case, the article argues that the Supreme Court may have actually misconstrued the personal scope of application of Article 11 ECHR and, like the other domestic jurisdictions before, misapplied the law (and the concept of ‘employment relationship’ deployed by the ECtHR) to the facts of this case. While the SC judgment did not expressly elaborate on the domestic ‘worker’ definition contained in s. 296 TULRCA 1992, the article explores the extent to which the Deliveroo saga has incorrectly construed this concept, embracing a very narrow concept of ‘personal work’ that neither the statutory wording itself nor the context in which it was applied arguably support. Finally, the concluding section of this article offers an alternative approach to the legal construction and legal regulation of ‘personal work’, one that is already emerging in other jurisdictions and that should underpin any future reform of the personal scope of application of UK, but also EU labour law - a reform, the article concludes, that is long overdue. Citation: European Labour Law Journal PubDate: 2024-04-08T05:17:15Z DOI: 10.1177/20319525241242796
- Before, after and beyond the Matzak case: Overview of the Belgian
jurisprudence-
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Authors: Sara Huybrechts Abstract: European Labour Law Journal, Ahead of Print. The Matzak case, a landmark ruling by the Court of Justice of the European Union (CJEU), challenged traditional understandings of working time and rest periods, particularly for volunteer firefighters in Belgium. Despite earlier cases before Belgian courts, the Matzak decision brought significant shifts in jurisprudence, influencing how volunteers were categorised and how stand-by time was interpreted. This article examines the impact of the Matzak judgment on Belgian case law, tracing its evolution from pre-Matzak rulings to post-decision interpretations. Analysing decisions from the Court of Cassation and the Constitutional Court, the study explores the redefinition of volunteers as employees and the qualification of stand-by time as working time. The reluctance of Belgian courts to adapt their views on stand-by duty prior to Matzak is highlighted, with persistent adherence to principles established in the Simap case. However, the Matzak ruling prompted questions about the treatment of voluntary firefighters and the adequacy of legal distinctions. Despite initial resistance, subsequent cases challenged previous interpretations, leading to clarifications by the Court of Cassation. Ambiguities remain, as seen in the Simon case, raising concerns about consistent application of Matzak jurisprudence. The unique status of voluntary firefighters in Belgium presents challenges, as they operate in a legal grey area with regards to rights and working conditions. Municipalities are urged to regulate their working time in the absence of general legislation. Nonetheless, the recognition of firefighters as workers by the CJEU offers promise for their legal standing under EU law. Increasing recognition of comparability between volunteers and professionals suggests a move towards more equitable treatment. Looking beyond Matzak, the article explores implications for the evolving digital workplace, where boundaries between work and personal time blur. The Matzak principle, which introduces objective limitations on devotion to personal and social interests, offers a framework for addressing these challenges. By considering potential applications in the digital realm, the article emphasises the importance of protecting worker well-being and rest periods, consistent with the objectives of the Working Time Directive. In conclusion, the Matzak case has had a significant impact on Belgian jurisprudence regarding the working time of volunteer firefighters and the adjudication of stand-by periods. While challenges and ambiguities persist, the ruling has spurred a reassessment of legal frameworks and encouraged greater recognition of the rights of volunteer workers. As the digital landscape continues to evolve, the Matzak principle provides a valuable tool for navigating complex issues of work-life balance and ensuring the protection of workers’ rights. Citation: European Labour Law Journal PubDate: 2024-04-05T06:58:12Z DOI: 10.1177/20319525241244921
- Perspectives on Social Dialogue
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Authors: Christina Hiessl Abstract: European Labour Law Journal, Ahead of Print. Perspectives on social dialogue. Citation: European Labour Law Journal PubDate: 2024-04-03T07:39:38Z DOI: 10.1177/20319525241244940
- The legal classification of volunteers: A cross-European case law
comparison-
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Authors: Christina Hiessl Abstract: European Labour Law Journal, Ahead of Print. This contribution provides a structural analysis of the case law of national courts in the EU, EEA and UK confronted with questions on the classification of volunteers. It explores the criteria and rationales used by courts to decide whether workers hired as volunteers should be reclassified as employees. These are put into perspective by reference to more recent evolutions of court approaches to employee status, particularly in the context of the platform economy. Given the societal relevance of voluntary work, a particular focus lies on the question of whether the operation of volunteer organisations might face challenges due to the tendency to broadening the concept of worker. Citation: European Labour Law Journal PubDate: 2024-04-01T08:27:32Z DOI: 10.1177/20319525241242903
- Under what conditions do volunteers escape being qualified as workers'
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Authors: Martin Gruber-Risak, Sascha Obrecht Abstract: European Labour Law Journal, Ahead of Print. This contribution looks at the status of volunteers in EU labour law taking into account the criteria of the CJEU's Lawrie-Blum formula. It demonstrates, in light of the jurisprudence of the Court, that some criteria may be problematic and that a purposive approach may provide adequate solutions. Citation: European Labour Law Journal PubDate: 2024-04-01T06:46:42Z DOI: 10.1177/20319525241243354
- Voluntary work in the Italian experience: the curious case of
‘socially useful workers’-
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Authors: Luca Ratti Abstract: European Labour Law Journal, Ahead of Print. The demarcation of the personal scope of application of EU labour law results from the interplay between national legislation and the CJEU case law. This article analyses the particular case of socially useful workers in the Italian legal system and questions its compliance with EU law. It does so by exploring an intricate legal framework and the relevant interpretation by domestic and European adjudicators. Citation: European Labour Law Journal PubDate: 2024-04-01T06:46:12Z DOI: 10.1177/20319525241242897
- Social conditionality: An adequate legal response to challenges faced by
agricultural workers in the EU, or an example of redwashing within the Common Agricultural Policy'-
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Authors: Thomas Bangsgaard Lyngs Abstract: European Labour Law Journal, Ahead of Print. This article provides a doctrinal legal analysis of the ‘social conditionality’ mechanism introduced in the latest reform of the EU's Common Agricultural Policy (CAP). Building on that analysis, the article proceeds to assess the likelihood of social conditionality improving the conditions of agricultural workers in the EU, thereby achieving the objectives set out for it by the EU legislator. The article concludes that due to numerous issues regarding its legal architecture, including limitations in its scope, the absence of novel requirements imposed on farmers, and the rather limited dissuasive effect of its enforcement mechanism, social conditionality is unlikely to improve the conditions for agricultural workers in the EU. Therefore, it is ultimately proposed that social conditionality might more appropriately be considered as an example of ‘redwashing’ within the CAP rather than an adequate legal response to the challenges faced by agricultural workers in the EU. Citation: European Labour Law Journal PubDate: 2024-03-28T07:24:23Z DOI: 10.1177/20319525241242794
- A first step to clarity: Review of ECJ judgment of 19 October 2023,
C-660/20; (MK vs Lufthansa CityLine GmbH), ECLI:EU:C:2023:789-
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Authors: Eva Kocher Abstract: European Labour Law Journal, Ahead of Print. This article finds that the ECJ, in its judgment of 19 October 2023 (C-660/20), has succeeded in achieving a good degree of legal clarity by stating that difference in treatment of part-time workers can be established on the basis of a comparison of individual components of the remuneration. It calls on the ECJ to avoid treating a formal assessment as a decisive issue, and highlights the substantive arguments the ECJ makes about the justification of differential treatment. Citation: European Labour Law Journal PubDate: 2024-03-27T07:27:34Z DOI: 10.1177/20319525241239287
- Cross-border workers - navigating the challenges of social security
coordination rules in the era of telework in the European Union-
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Authors: Fenicia Aceto Abstract: European Labour Law Journal, Ahead of Print. In 2020, there were 1.7 million cross-border workers in the European Union, creating difficulties in determining the applicable legislation for social security matters. The reason for this complexity is that even in cross-border activities, the legislation of only one Member State is applicable according to the Coordination Regulation 883/2004. This article examines the evolving landscape of social security coordination in the European Union. It explores the interplay between the European principle of free movement of workers and the complexities arising from various national social security systems, combined with the increase in telework. The article outlines the foundational legal frameworks underpinning social security within the European Union, including the Coordination Regulation EC 883/2004, and discusses primarily the challenges in applying these rules to cross-border teleworkers. It further analyses the implications of the new Multilateral Framework Agreement, providing a nuanced understanding of its role in offering simplified procedures and legal certainty for habitual cross-border teleworkers. The article also highlights the Agreement's limitations, including its restricted scope and the persisting administrative burdens. The discussion extends to the broader context of ongoing legislative efforts and the need for more flexible and modern social security coordination rules in the European Union. The article aims to shed light on the critical issues surrounding social security coordination in an era of evolving work practices. Citation: European Labour Law Journal PubDate: 2024-03-25T04:52:08Z DOI: 10.1177/20319525241239288
- Algorithmic management of platform workers: An examination of the Canadian
and European approaches to regulation-
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Authors: Fife Ogunde Abstract: European Labour Law Journal, Ahead of Print. Algorithmic management, though less attention-grabbing than total job automation, is expected to become even more influential and powerful over time. The realities of algorithmic management have gained increasing scholarly attention over the last decade, particularly in the context of employment relationships in the platform economy. This article contributes to existing scholarship by comparing two important pieces of legislation impacting algorithmic management in the platform economy: Ontario's Digital Workers’ Rights Act 2022 (‘the Act’) and the Proposal for a Directive of the European Parliament and of the Council on Improving Conditions in Platform Work (‘the Directive’). The thrust of this article is that while the general tenor of the Act indicates a step in the right direction, its restrictive approach to information rights limits its overall effectiveness in regulating algorithmic management of platform workers. Citation: European Labour Law Journal PubDate: 2024-03-22T07:02:20Z DOI: 10.1177/20319525241239632
- Labour standards in global garment supply chains and the proposed EU
corporate sustainability due diligence directive-
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Authors: Samantha Velluti Abstract: European Labour Law Journal, Ahead of Print. Growing concerns over labour standards and workers’ rights in global supply chains (GSCs) have led many companies to adopt codes of conduct (CoCs) as part of increasing attempts to self-regulate through Corporate Social Responsibility (CSR) instruments to promote international labour standards in suppliers’ factories. However, improvements in labour standards and the level of protection of workers’ rights in GSCs are unsatisfactory, the garment industry labour force being a case in point. At European Union (EU) level this has led to the adoption of an EU corporate sustainability package in addition to previously adopted sector-specific/thematic due diligence legislation. This article looks closely at selected labour standards and labour rights aspects of the EU proposed Directive on corporate sustainability due diligence (CSDD) and evaluates its contribution to the improvement of workers’ rights protection in global garment supply chains. Citation: European Labour Law Journal PubDate: 2024-03-21T06:56:30Z DOI: 10.1177/20319525241239283
- Broad application of the training cost rule in the netherlands
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Authors: Gerrard C. Boot Abstract: European Labour Law Journal, Ahead of Print. A Dutch court has interpreted the national implementation of Art. 13 of the Directive on Transparent and Predictable Working Conditions, finding in favour of a high level of protection of workers against employers’ claims for training cost compensation. Citation: European Labour Law Journal PubDate: 2024-02-24T05:58:22Z DOI: 10.1177/20319525241227400
- ‘Equal’ Yet Poor: The ineffective protection of atypical
workers under EU law-
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Authors: Luca Ratti, Mijke Houwerzijl, Nuna Zekic, Ane Aranguiz, Antonio Garcia-Munoz Abstract: European Labour Law Journal, Ahead of Print. Statistical data show that on average almost one in every 12 workers in the EU is living in a poor household. This reality illustrates the gaps in the existing legal framework for protecting workers, particularly the most precarious ones, from poverty. The present contribution aims to identify some of the reasons for that. In so doing, we focus on atypical work —perceived as particularly problematic from an in-work poverty perspective — and specifically on the EU regulatory approach towards it, which heavily relies on the principle of equal treatment as a means to protect workers. The article engages with the question of whether the principle of equal treatment enshrined in the atypical work Directives is enough or, on the contrary, if it is failing in its declared intention to protect atypical workers. In its analysis as well as in its propositive part, this contribution builds on the findings of the research done in the H2020 Working Yet Poor research project. We engage in a critical assessment of the current EU Directives on atypical work, highlighting existing gaps, shortcomings, and challenges. This assessment shows the limits of the Directives in general and the principle of equal treatment in particular in combating in-work poverty. We therefore advance some regulatory proposals to implement the EU Pillar of Social Rights and further enhance the current EU approach to atypical work by rendering it better equipped to prevent in-work poverty. Citation: European Labour Law Journal PubDate: 2024-02-23T12:39:48Z DOI: 10.1177/20319525241228980
- Is it possible to ‘legally desegregate’ sheltered employment' General
Comment No. 8 of the Committee on the Rights of Persons with Disabilities and the Benelux Countries-
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Authors: Mathias Wouters Abstract: European Labour Law Journal, Ahead of Print. In 2022, the UN Committee on the Rights of Persons with Disabilities issued General Comment No. 8 on the right of persons with disabilities to work and employment. The general comment most notably recommends States parties to expeditiously phase out segregated employment, including sheltered workshops. After covering the contents of the general comment on this issue in Section I, this contribution argues that the Committee does not take into account that sheltered employment is a complex notion and that domestic sheltered employment systems can evolve. Since General Comment No. 8 outlaws segregated (sheltered) employment, the question becomes, can sheltered employment be legally desegregated, and hence does not have to be expeditiously phased out' Section III illustrates, based on examples from the Benelux countries, that domestic sheltered employment systems do not necessarily exhibit the distinguishing features of segregated employment, as described in General Comment No. 8. Section IV explains that this leaves the CRPD Committee with a decision to make. It could assert that sheltered employment is ipso facto segregated employment, which is to be phased out. It could also draw on its non-exhaustive list of the distinguishing features of segregated employment to incite States parties to at least desegregate sheltered employment legally if they decide not to phase it out entirely. Citation: European Labour Law Journal PubDate: 2024-01-09T08:58:37Z DOI: 10.1177/20319525231222161
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