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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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European Labour Law

ISBN13: 9781849464888
Published: December 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £100.00

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In the beginning Labour Law and Social Security Law were of little significance in the development of European Law. They only played a very minor role in the founding Treaties of the European Communities as their aim was primarily to harmonise economic, not social conditions.

50 years after the Rome Treaties the situation is completely different there is more and more awareness that the only way to further develop European Law and the European Union as a whole is by not only getting rid of competitive constraints but also by making the citizens of Europe aware of its social dimension. Now is therefore a good time for an outline of European Labour Law.

This textbook was written mainly with students in mind that are specialising in Labour Law, but it also gives practising labour lawyers an overview of the most important regulations and judgments on this subject. References were deliberately kept to a minimum, instead numerous examples and a summary of the most significant judgments of the ECJ illustrate vividly the contentious issues.

Employment Law
1. Basics
I. What is European Labour Law?
II. Development of European Labour Law
III. To recap: The terms used in European Law
IV. To recap: Interpretation of European Law
V. What can the EU regulate in the field of labour law?
VI. Means of reviewing conformity with European Law
VII. Role of the social partners
§ 2. Freedom of movement for workers
I. Outline
II. Scope of free movement for workers
III. Right to participate in the labour market (Art.
45(3) TFEU)
IV. Prohibition of discrimination (Art.
45(2) TFEU)
V. Prohibition of restrictions
VI. Recognition of training and other qualifications
VII. Social law coordination and its effects on labour law (Art.
48 TFEU)
§ 3. Protection against discrimination
I. Introduction
II. Development
III. The implementation of Directives 2000/78/EC, 2000/43/EC and 2002/73/EC
IV. The different forms of unlawful discrimination
V. The beginnings: sex discrimination
VI. The Anti-Discrimination Directives 2000/43/EC and 2000/78/EC
VII. Common problems in the directives
VIII. Parallel development: US-American Law
§ 4. Precarious Employment
I. Category
II. Part-time employment
III. Fixed-term work
IV. Temporary agency work
§ 5. Transfer of undertakings
I. Objectives and development
II. Existence of a transfer of undertaking
III. Legal consequences of a transfer of undertaking
§ 6. Protection against collective redundancies
I. Collective redundancies as an issue of employment law
II. Definitions employed by the ECJ
§ 7. Working Time
I. General
II. Scope of application
III. Working time
IV. Organization of working time
V. Night and shift work
VI. Derogations
VII. Proposal for amendment
VIII. Comparative Law
§ 8. Proof of employment terms
I. Development of Directive 91/533/EEC
II. Scope of Application (Art.
1 of the Employee Information Directive)
III. Contents
IV. Implementation into national law
§ 9. Posting of Workers
I. Introduction
II. Country-of-origin principle and place-of-work principle
III. Posted Workers Directive (PWD)
IV. Rules that apply to all forms of posting
§ 10. Employee Representation and Unions
I. Collective Labour Law in the EU
II. European law governing collective agreements and labour disputes?
III. European Works Councils
IV. Co-Determination in the Societas Europaea
V. The instrument of the negotiation solution
VI. Information and Consultation Directive 2002/14/EC
VII. Excursus: Codetermination policies in the various European states
§ 11. International Labour Law
I. Internationalisation of the labour market
II. Applicable law in cross-border employment relationships
III. Forum
IV. Unions and collective agreements
§ 12. How to Find the Law
I. European law
II. Comparative law