Labour Law and Social Protection in a Globalized World: Changing Realities in Selected Areas of Law and Policy

About this Book:

Labour Law and Social Protection in a Globalized World covers burning issues and current reflections on labour and social security law from European as well as comparative perspectives. The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The changing realities need to be studied from a legal point of view as new realities confront labour law structures with new developments on the labour market in public policy as well in industrial relations. In light of these recent trends, the focused perspectives evident in this original collection of essays go a long way towards clearly defining where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work.

This book contains chapters which are the papers submitted to the XII European Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Prague, September 2017.

What’s in this book:

Issues and topics include the following:

• integration of immigrants into industrial relations;
• the social situation of migrant workers;
• new phenomena brought about by the digital age;
• temporary agency work;
• harmonizing family and working lives;
• sport and labour law;
• the role of European Works Councils; and
• social and labour reforms.

One aspect that is covered in these chapters is the current challenges to social security that are brought by migration as an intensified phenomenon in Europe of today. Furthermore the concept of harmonizing family and working lives is discussed from the perspective of ongoing amendments of the EU legislation.

How this will help you:

Throughout this book, the changing role of the state and reform agendas is emphasized which helps readers stay updated with the current trends in this legislation. Although the focus is on the labour law in Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book serves as a guide to practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.

Notes on Contributors

Part I

Introduction

Chapter 1 Current Challenges in Czech Labour and Social Security Law in Historical Context

Jan Pichrt

Part II

Changing Realities in Labour Law

Chapter 2 Crisis and Labour Reforms in Spain: A Paradigm Shift?

Magdalena Nogueira Guastavino

Chapter 3 Reforms of Labour Law in Italy: A Paradigm Shift

Adalberto Perulli

Chapter 4 The Role of the State and Industrial Relations

Jesús Cruz Villalón

Chapter 5 Social Partners in Social Security: Two Common Forms of Recognition and Selected Issues

Grega Strban & Luka Mišic

Chapter 6 The Role of the State in Employment Relations

Petr Hurka

Chapter 7 Social Dialogue in Poland on Historical and Comparative Background

Marek Pliszkiewicz

Part III

Works Councils: Effective Tool in the World of Rule of Information

Chapter 8 European Works Councils: Problems of Effectiveness

Dagmara Skupien

Chapter 9 EWC Recast Directive: Its Impact, Problems and Outlooks

Romuald Jagodzinski

Chapter 10 Beyond European Works Councils?: Global Mechanisms of Information-Sharing and Workers’ Involvement Within Multinational Enterprises

Attila Kun

Part IV

Agency Work: Solving Old Problems with New Instruments

Chapter 11 Temporary Agency Work Directive: As Hollow as Swiss Cheese?

Ronnie Eklund

Chapter 12 Promoting or Controlling Cross-Border Temporary Agency Work?

Mijke Houwerzijl & Bas Rombouts

Chapter 13 Equal Treatment Between Temporary Agency Workers and Comparable Workers of the User Undertaking

Jaroslav Stránský

Part V

Sport and Labour: Specialities and Challenges

Chapter 14 When Sport and Labour Law Are Interlocked: Playing Ball with Modernisation

Frank Hendrickx

Chapter 15 Conclusion and Termination of Employment Relationship in Professional Sports: Special Regulations and Particular Protection Requirements

Stefano Bellomo

Chapter 16 The Particularities of the ‘Job’ Performance of the Professional Athlete: Rights and Obligations of the Parties to the Employment Contract

Costas Papadimitriou

Chapter 17 A Professional Sportsman: An Independent Worker?

Lubomír Ptácek

Part VI

Social Security: New Solutions for New Problems

Chapter 18 Social Security: A New Idea for the Twenty-First Century

Jean-Pierre Laborde

Chapter 19 Social Security and the Modern and Post-Modern Forms of Work

József Hajdú

Chapter 20 New Forms of Social Security? A Comment on Needs and Options for Reform in a National and Supranational Perspective

Ulrich Becker

Chapter 21 Guaranteed Minimum Income for All? A Task for the ILO

Martin Štefko

Part VII

Migrants and Migrant Workers: Their Social Rights

Chapter 22 Labour Law Protection of the Migrant Worker: Ambiguous Answers

Jean-Michel Servais

Chapter 23 Migrant Workers and European Social Law: Of a Respectable Age or Time for a Rebirth?

Yves Jorens

Chapter 24 Decent Work and Migrant Workers

Kristina Koldinská

Chapter 25 Facing Migration Crisis with Social Integration Instruments: Lessons from ILO and EU

Kristina Koldinská

Chapter 26 Social Integration of Migrants under European Social Charter: Right or Duty?

Marcin Wujczyk

Chapter 27 EU Law Demands to Assist and Integrate Refugees and Asylum Seekers

Eberhard Eichenhofer

Chapter 28 The Integration of Refugees into the Labour Market: The German Experience

Maximilian Fuchs

Chapter 29 The Devil Is in the Detail: Some Early Thoughts of EU Policy Makers on Negotiating Post-Brexit Coordination of Social Security

Simon Roberts

Part VIII

Family Work Balance: Effective Social Instruments

Chapter 30 The EU Proposal on Work-Life Balance and Its Potential Impact in the Netherlands

Susanne Burri

Chapter 31 Work-Life Balance in the Czech Republic

Vera Štangová

Chapter 32 Balance of Work and Education

Krasimira Sredkova