Search results for "labour law"
showing 10 items of 28 documents
Labour Mobility in Construction: European Implications of the Laval un Partneri Dispute with Swedish Labour
2006
The accession to the European Union of new member states from central and eastern Europe, with weak trade union movements, poorly developed social dialogue and inferior working conditions, has been viewed as a threat to regulated labour standards in the EU-15. This article examines a high-profile labour dispute arising from the conditions of Latvian construction contract labour in Sweden. The dispute exposes weaknesses in the protective floor of minimum standards offered by the posted workers Directive. It also goes to the core of the debate about the preservation of a ‘European social model’ and the proposed Services Directive.
Hyper-mobile migrant workers and Dutch trade union representation strategies at the Eemshaven construction sites
2016
The EU regulatory regime and employers’ cross-border recruitment practices complicate unions’ ability to represent increasingly diverse and transnationally mobile workers. Even in institutional contexts where the industrial relations structure and labour law are favourable, such as the Netherlands, unions struggle with maintaining labour standards for these workers. This article analyses Dutch union efforts to represent hyper-mobile construction workers at the Eemshaven construction sites. It shows that the nexus of subcontracting, transnational mobility, legal insularity and employer anti-unionism complicate enforcement so that even well-resourced unions can, at best, improve employment c…
Plataformas digitales y concepto de trabajador: una propuesta de interpretación finalista
2019
There is consensus in the labor law doctrine that the concept of worker must be interpreted according to the social reality of the moment in which it should be applied. The present work analyzes what this affirmation means in the current moment of expansion of digital platforms and autonomous work in general. For that, i) the existing proposals in the comparative doctrine of extension of the subjective scope of Labor Law are analyzed; ii) the aims of labor law; iii) the latest interpretations of the Supreme Court of the concept of worker. Based on this analysis, a purposive interpretation proposal is made of the concept of worker that allows to include all those who provide services without…
Free trade or fair trade? Possible scenarios in the light of the EU-Japan Economic Partnership Agreement
2021
The present work focuses on the EU-Japan Partnership Agreement, whose consolidated text was finalized on December 2017, having regard to the protection of social rights: in this regard a specific attention will be paid to the EPA chapter on trade and sustainable development and to the negotiations of the Investor-state dispute settlement (ISDS) clause, taking into account the current EU approach as formalized in other recent trade agreements.
L’interpretazione (necessariamente) restrittiva delle disposizioni sulla decadenza dall’impugnazione del licenziamento: a proposito di alcuni recenti…
2022
The contribution examines the recent orientations of the Italian judges, according to which the provision of a forfeiture term, in order to obtain the recognition of some rights, complies with the Italian Constitution. This is provided that the norms that provide for a forfeiture term must be interpreted strictly, because widening their application should infringe the right of defense, acknowledged by article 24 of the Italian Constitution.
A proposito di "a purposive approach to labour law": alla ricerca dei valori legittimanti il diritto del lavoro. About "a purposive approach to labou…
2019
L'autore esamina il libro di Guy Davidov "a purposive approach to labour law", e sostiene la necessità di una chiara comprensione degli scopi del diritto del lavoro, per favorire il mantenimento dei livelli di protezione del lavoro, necessari in una società che abia fiducia nel futuro The author examines Guy Davidov's book"a purposive approach to labour law", and adfirms that it is paramount to understand clearly the purposes of labour law, in order to maintain the level of protection of workers, that are essential in a society with confidence in the future.
Lungo il confine tra diritto penale e diritto del lavoro: lavoro, occupazione e misure antimafia
2021
Il capitolo affronta i punti di contatto tra diritto del lavoro e misure antimafia. The chapter deals with the points of contact between labor law and anti-mafia measures.
'Uber Economy': Employee, Self-Employed or a Need of a Special Employment Regulation?
2015
The Digital era has changed industrial relationships dramatically. This has caused a considerable legal uncertainty about which rules apply to cyberspace. Technology is transforming business organization in a way that makes employees -- as subordinate work -- less necessary. A new type of companies "on demand economy" "sharing economy" -- dedicated to connecting customers directly with individual service providers are emerging. Thus, these companies develop their core business completely through workers classified as self-employed. In this context, employment law is facing its greatest challenge, dealing with a very different reality compared to the one existing when it was created. This pa…
Workers, the self-employed and TRADEs: Conceptualisation and collective rights in Spain
2019
The subjective scope of application of Labour Law is set by the Statute of Labour. Nevertheless, the interpretation of the Courts is crucial to understand who is a worker in Spain. In this study, the criteria set by the Spanish courts and their evolution are analysed. Recently, the Spanish Supreme Court seems to have abandoned the ‘control test’ criteria for classifying workers and has moved towards a personal conceptualisation of work. This paper shows rulings that prove this evolution. Moreover, Spain has its own Self-employed Workers’ Statute applicable to common self-employed workers and economically dependent self-employees (TRADEs). In this paper I analyse the concept of both types a…
Comparing the legal treatment of employee-created intellectual and industrial property from a labour law perspective
2020
Under Spanish law, different intellectual creations, including those by employees, may be dealt with differently from a legal perspective. Works with authors' rights are regulated by the Spanish intellectual property law. In contrast, inventions made under a labour relationship, which may be used for industrial purposes, are regulated by industrial property laws and are thus governed by the Spanish patent and brands law. From a labour law perspective, this paper compares the two bodies of legislation to identify and justify the similarities and differences. The shortcomings of the legislation are highlighted and proposals for resolving these shortcomings are suggested based on synergies bet…