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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 European Labour Law Journal Pub Date : 2024-04-22 Natalie Videbaek Munkholm
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
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The working conditions of non-professional magistrates and the European concept of ‘worker’ European Labour Law Journal Pub Date : 2024-04-08 Emiliano Maran
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
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Not Delivering: the UK ‘worker’ concept before the UK Supreme Court in Deliveroo - IWGB v CAC and another [2023] UKSC 43 European Labour Law Journal Pub Date : 2024-04-08 Nicola Kountouris
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
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Before, after and beyond the Matzak case: Overview of the Belgian jurisprudence European Labour Law Journal Pub Date : 2024-04-05 Sara Huybrechts
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
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Perspectives on Social Dialogue European Labour Law Journal Pub Date : 2024-04-03 Christina Hiessl
Perspectives on social dialogue.
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The legal classification of volunteers: A cross-European case law comparison European Labour Law Journal Pub Date : 2024-04-01 Christina Hiessl
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
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Under what conditions do volunteers escape being qualified as workers? European Labour Law Journal Pub Date : 2024-04-01 Martin Gruber-Risak, Sascha Obrecht
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.
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Voluntary work in the Italian experience: the curious case of ‘socially useful workers’ European Labour Law Journal Pub Date : 2024-04-01 Luca Ratti
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
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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? European Labour Law Journal Pub Date : 2024-03-28 Thomas Bangsgaard Lyngs
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
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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 European Labour Law Journal Pub Date : 2024-03-27 Eva Kocher
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
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Cross-border workers - navigating the challenges of social security coordination rules in the era of telework in the European Union European Labour Law Journal Pub Date : 2024-03-25 Fenicia Aceto
In 1 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
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Algorithmic management of platform workers: An examination of the Canadian and European approaches to regulation European Labour Law Journal Pub Date : 2024-03-22 Fife Ogunde
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
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Labour standards in global garment supply chains and the proposed EU corporate sustainability due diligence directive European Labour Law Journal Pub Date : 2024-03-21 Samantha Velluti
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’
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The ‘overall protection’ of temporary agency workers, the role of social partners, and the case of Denmark European Labour Law Journal Pub Date : 2024-02-27 Natalie Videbæk Munkholm
The article analyses the CJEU ruling C-311/21 TimePartner, where the Court interpreted the option provided in the Temporary Agency Work Directive for social partners to derogate from the principle of equal treatment. The CJEU concluded that the term ‘while respecting the overall protection of temporary agency workers’ is a criterion for using the option to derogate, and that a derogating collective
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The contribution of the CJEU to the notion of habitual workplace in the field of international transport European Labour Law Journal Pub Date : 2024-02-26 Michael Wilderspin
The notion of the place (or country) in or from which the employee habitually carries out his or her work in performance of the contract of employment plays an important role in determining the allocation of international jurisdiction and the law applicable to the employment contract in the case of international transport. The CJEU has interpreted the notion of ‘where, or from where, the employee habitually
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Broad application of the training cost rule in the netherlands European Labour Law Journal Pub Date : 2024-02-24 Gerrard C. Boot
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.
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The Role of the Social Partners and the ‘Overall protection of temporary agency workers’: The ECJ decision in the TimePartner case and the legal and actual situation in Germany European Labour Law Journal Pub Date : 2024-02-20 Daniel Ulber
This article critically examines the European Court of Justice's (ECJ) decision in the TimePartner case and its implications for labour market integration in the context of temporary agency work. The author supports the ECJ's position on the rule-exception relationship within Directive 2008/104/EC, emphasising equal treatment for temporary agency workers. The analysis explores the alignment between
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Possible Avenues for a More Effective Temporary Agency Work Directive European Labour Law Journal Pub Date : 2024-02-15 Nuna Zekić
Fifteen years after the enactment of the EU Directive 2008/104/EC on temporary agency work (TAWD) there are still considerable differences in the use of temporary agency work and in the legal situation, status, and working conditions of temporary agency workers within the European Union, even though these differences were one of the reasons for enacting the TAWD. This article evaluates whether the
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The Working Conditions of Cross-border Temporary Agency Workers on Paper and in Reality European Labour Law Journal Pub Date : 2024-02-14 Mijke Houwerzijl
1 This contribution focuses on the legal position and working conditions of cross-border temporary agency workers. In the context of the relationship between the free movement of workers and the freedom to provide services, the applicability of the Temporary Agency Work Directive (TAWD) and/or of the (revised) Posting of Workers Directive (PWD) to several different arrangements for cross-border temporary
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The ‘Temporariness’ of Temporary Agency Work Assignments European Labour Law Journal Pub Date : 2024-02-12 Miriam Kullmann
To prevent the misuse of the equal treatment principle and successive assignments designed to circumvent the TAW Directive's provisions, Member States have to take appropriate measures in accordance with national law and/or practice (Art. 5(5)). One such measure, as mentioned but not further defined by the TAW Directive itself (Art. 3(1)(b) to (e)), involves limiting the duration of assignments. Not
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The Conundrum of the Habitual Workplace: In search of access to justice for transport workers in the European Union European Labour Law Journal Pub Date : 2024-02-02 Laura Carballo Piñeiro
EU private international law regulations are articulated around the ‘habitual place of work’ factor, which does not fit well with the fact that not only are these workers mobile, but their place of work is also mobile. This article critically examines the proxy to this concept developed by the Court of Justice to provide transport workers with access to justice. There are some caveats to the chosen
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Private international law regulation of individual employment relationships within the european union European Labour Law Journal Pub Date : 2024-01-31 Uglješa Grušić
This article is a revised version of a concept paper written for the European Commission on the private international law regulation of individual employment relationships within the EU. It aims to assess the regulation of such relationships from the perspective of European private international law and indicate potential avenues for reform.
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Industrial action in private international Law European Labour Law Journal Pub Date : 2024-01-24 Aukje A. H. van Hoek
This contribution deals with both jurisdiction and applicable law with regard to cross-border collective actions in labour law. It demonstrates that the European conflicts rule embodied in Article 9 of the Rome II Regulation is open to diverging interpretations. This can, to a large extent, be explained by the very diverse legal characterisation of industrial action in the national systems of the EU
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Flying around social security European Labour Law Journal Pub Date : 2024-01-11 Federico Pisani, David Mangan
INAIL and INPS is a decision about social security and insurance contributions. The case was brought against Ryanair, alleging that contributions were owed to the relevant Italian authorities where the documentation (an E101 certificate, now an A1 form) had not been properly completed by the employing airline. Aircrew personnel were employed under Irish employment contracts, but resided in Italy. Other
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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 European Labour Law Journal Pub Date : 2024-01-09 Mathias Wouters
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
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Algorithmic management: Assessing the impacts of AI at work European Labour Law Journal Pub Date : 2023-05-10 Aislinn Kelly-Lyth, Anna Thomas
Algorithmic outputs are increasingly shaping the employee experience, presenting a host of risks and impacts with far-reaching consequences. This contribution considers how algorithmic impact asses...
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From access to understanding: Collective data governance for workers European Labour Law Journal Pub Date : 2023-05-08 Dan Calacci, Jake Stein
Regulating data collection and use in the workplace is now more a matter of regulating working conditions than data protection. This article argues that existing data protection law fails workers f...
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Collective regulation of algorithmic management European Labour Law Journal Pub Date : 2023-05-03 Zoe Adams, Johanna Wenckebach
This article sets out the case for co-determination in the context of work, with a particular emphasis on why this is mandated in relation to algorithmically managed work and workplaces in particul...
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Fortifying the algorithmic management provisions in the proposed Platform Work Directive European Labour Law Journal Pub Date : 2023-04-24 Michael Veale, M Six Silberman, Reuben Binns
The European Commission proposed a Directive on Platform Work at the end of 2021. While much attention has been placed on its effort to address misclassification of the employed as self-employed, i...
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Between risk mitigation and labour rights enforcement: Assessing the transatlantic race to govern AI-driven decision-making through a comparative lens European Labour Law Journal Pub Date : 2023-04-26 Antonio Aloisi, Valerio De Stefano
In this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly f...
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Making algorithmic management safe and healthy for workers: Addressing psychosocial risks in new legal provisions European Labour Law Journal Pub Date : 2023-04-24 Aude Cefaliello, Phoebe V Moore, Robert Donoghue
The increasing deployment of algorithmic management in the workplace poses significant occupational safety and health risks for workers. In this article, we argue that existing and proposed EU regu...
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Regulating algorithmic management: A blueprint European Labour Law Journal Pub Date : 2023-04-20 Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Michael ‘Six’ Silberman, Sangh Rakshita
The promise—and perils—of algorithmic management are increasingly recognised in the literature. How should regulators respond to the automation of the full range of traditional employer functions, ...
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Regulating algorithmic management European Labour Law Journal Pub Date : 2023-04-17 Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Sangh Rakshita, M Six Silberman
This special issue of the European Labour Law Journal, edited by Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Sangh Rakshita and M Six Silberman, explores the regulation of Algorithmi...
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The employment status of the sportsperson: The Belgian case European Labour Law Journal Pub Date : 2023-04-16 Frea De Keyzer
For many athletes, sport will always be seen as their greatest passion, but in addition, for some, sport has also become an economic activity, an activity through which one can earn income. Both pr...
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Regulating algorithmic employment decisions through data protection law European Labour Law Journal Pub Date : 2023-04-02 Halefom Abraha
The regulation of algorithmic management falls under the purview of multiple legal domains including but not limited to labour law, non-discrimination law and data protection law. While labour law ...
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Algorithmic discrimination at work European Labour Law Journal Pub Date : 2023-04-02 Aislinn Kelly-Lyth
The potential for algorithms to discriminate is now well-documented, and algorithmic management tools are no exception. Scholars have been quick to point to gaps in the equality law framework, but ...
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There and gone again? Migration to and posting of third-country nationals from Slovenia and Poland European Labour Law Journal Pub Date : 2023-03-30 Sonila Danaj, Mojca Vah Jevšnik, Marcin Kiełbasa, Monika Szaraniec
Drawing on research conducted in the framework of the POSTING.STAT project for Slovenia and Poland, this article contributes to the literature on the posting of third-country nationals (TCNs) withi...
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Shall or not shall be: That is the question European Labour Law Journal Pub Date : 2023-03-29 Filip Dorssemont
This contribution critically discusses the EPSU case of the Court of Justice of the European Union, delivered on 2 September 2021. It deals with the question of how to interpret Article 155 of the ...
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The right to unionise in Poland after the amendment of the law on trade unions European Labour Law Journal Pub Date : 2023-01-19 Monika Latos-Miłkowska
The change to the scope of the right to associate in trade unions is the most fundamental change that has taken place in Polish collective labour law in recent years. This article discusses the tra...
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Inland Water Transport workers and the Posting of Workers Directive European Labour Law Journal Pub Date : 2022-12-29 Cécile Tournaye
Inland Water Transport (IWT) workers within the EU represent a workforce of about 50,000, most of whom work across borders on a regular basis. The national labour law applicable to them is hard to ...
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Exceptional exceptions: The case of the Working Time Directive European Labour Law Journal Pub Date : 2022-12-28 Catherine Barnard
The application of the Working Time Directive (WTD) 2003/88 has caused serious issues in those sectors needing 24 hours a day/seven days a week cover (24/7). Employers have explored whether they ca...
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Monitoring working time and Working Time Directive 2003/88/EC: A purposive approach European Labour Law Journal Pub Date : 2022-12-15 Vito S. Leccese
The Court of Justice of the European Union's (CJEU) decision of 14 May 2019 in Case C-55/18, CCOO represents an important milestone in the Court's case law on working time. This decision raises spe...
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Defining working time versus rest time: An analysis of the recent CJEU case law on stand-by time European Labour Law Journal Pub Date : 2022-12-14 Leszek Mitrus
The article explores the evolution of the CJEU jurisprudence following on from the Matzak case. It provides an analysis of the most recent judgments on stand-by time, including those in case C-344/...
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Between stakeholders and shareholders: Pension funds and labour solidarity in the age of sustainability European Labour Law Journal Pub Date : 2022-12-14 Paolo Tomassetti
This article investigates the contribution of pension funds in harnessing the power of finance to achieve social and environmental objectives. After reviewing and discussing the potential and main ...
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Multiparty work relationships in Spain: Legal provisions and emerging trends European Labour Law Journal Pub Date : 2022-11-13 Iván Rodríguez Cardo, Diego Álvarez Alonso
Multiparty work relationships have been gaining relevance in practice in recent years, particularly in the field of temporary agency work, subcontracting and platform work. There are other more spe...
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Multiparty work relationships in Denmark: The active role of social partners European Labour Law Journal Pub Date : 2022-10-20 Natalie Videbaek Munkholm
The article discusses selected forms of multiparty work relationships that are surfacing in Denmark, and the responses of the social partners to these developments. The overall approach of the Dani...
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Offering false security: How the draft artificial intelligence act undermines fundamental workers rights European Labour Law Journal Pub Date : 2022-10-20 Aude Cefaliello, Miriam Kullmann
In April 2021, the European Commission published its first draft of the Proposal for a Regulation on Artificial Intelligence. Since AI in the work context has increasingly become important in organ...
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What if the purpose of social law was to ensure that workers’ needs are met? Some lessons from the regulation of zero-hour contracts in three European countries European Labour Law Journal Pub Date : 2022-10-18 Auriane Lamine
This article concludes the recent special issue of the ELLJ devoted to zero-hours contracts (ZHC), edited by E. Dermine and A. Mechelynck. It draws some cross-cutting conclusions based on the analy...
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Posting of workers and the border of the labour market European Labour Law Journal Pub Date : 2022-10-17 Frederic De Wispelaere, Marco Rocca
Drawing on research conducted by the authors in the frame of the POSTING.STAT research project, this article explores the legal fiction that posted workers do not, at any time, ‘gain access’ to the...
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Multiparty work relationships across Europe: A comparative overview European Labour Law Journal Pub Date : 2022-10-13 Emiliano Maran, Elisa Chieregato
This article aims to contribute to the growing labour law discussion on Multiparty Work Relationships (MWRs), a term used to refer to temporary agency work, subcontracting, franchising and all othe...
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The right of a platform worker to decide whether and when to work: An obstacle to their employee status? European Labour Law Journal Pub Date : 2022-10-05 Annika Rosin
The employment status of platform workers has been vividly discussed in recent years. Digital platforms often argue that the workers’ freedom to decide whether and when to work speaks to their self...
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Stand-by time through the Court of Justice's lens European Labour Law Journal Pub Date : 2022-09-19 Elena Gramano
The contribution analyses the content and relevance of the Court of Justice of the European Union's judgment in the Dublin City Council case, and discusses its meaning and impact on the EU notion o...
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Contribution to the study on the ‘right to disconnect’ from work. Are France and Spain examples for other countries and EU law? European Labour Law Journal Pub Date : 2022-06-14 Loïc Lerouge, Francisco Trujillo Pons
France and Spain were pioneer countries in regulating the right to ‘disconnect from work’. Indeed, this right has been recognised in these countries since 2016 and 2017 within the framework of the ...
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Flexi-insecurity and the regulation of zero-hours work in the Netherlands European Labour Law Journal Pub Date : 2022-06-09 Anja Eleveld
One of the main goals of the Dutch Act on the Employment Contract of 1907 was to offer protection to day labourers who sold their labour on a daily basis as ‘entrepreneurs of themselves’.1 Under the Act, these workers were classified as ‘employees’, which made them less dependent on market forces and the whims of their employer. One may wonder, however, whether the (lack of) employment protection of
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Zero-hour contracts and labour law: An antithetical association? European Labour Law Journal Pub Date : 2022-06-09 Elise Dermine, Amaury Mechelynck
As an introduction to the special issue, this article provides a common definition of the phenomenon studied, i.e. zero-hour contracts, and sets out the research goals pursued through the successiv...
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Welfare-to-Work, zero-hours contracts and human rights European Labour Law Journal Pub Date : 2022-06-09 Virginia Mantouvalou
In response to concerns that non-standard work arrangements are precarious, it is often suggested that they are valuable for workers and employers because it is important for all to have the option of flexibility at work. In this article, I look at the relationship between welfare conditionality and zero-hours contracts, which constitute particularly precarious working arrangements. When we examine
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Broadening the comparator group in the context of discrimination based on disability European Labour Law Journal Pub Date : 2022-06-06 Miriam Kullmann
Case C-16/19 VL/Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie ECLI:EU:C:2021:64. Provisions: Art 2(1), 2(2)(a) and (b) Directive 2000/78/EC
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Zero-hours contracts and english employment law: Developments and possibilities European Labour Law Journal Pub Date : 2022-06-03 Joe Atkinson
The UK has seen a dramatic growth in precarious work over recent decades, including the amorphous category of ‘zero-hours contracts’ which are often regarded as a paradigm example of an exploitativ...
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Can algorithmic recruitment systems lawfully utilise automated decision-making in the EU? European Labour Law Journal Pub Date : 2022-04-25 Henni Parviainen
Algorithmic recruitment systems are emerging in the EU job market. Such systems could technically rely on AI and automated decision-making, but it is unclear whether it is lawful. In addition to ot...