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The Protection of Working Relationships: A Comparative Study

ISBN13: 9789041132895
Published: March 2011
Publisher: Kluwer Law International
Country of Publication: UK
Format: Hardback
Price: £135.00

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In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. The International Labour Organisation (ILO) has responded with its Recommendation 198, which asks its Members to undertake action to reduce ‘disguised’ employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: • redefining the subordination criterion; • the role of the courts; • determination of the contract of employment; • forms of labour involving more than two contracting parties (e.g., employment agency arrangements); • the legal position of temporary workers; • ‘employee-like’ persons, e.g., home-workers or commercial representatives; • the ‘bogus’ self-employed; • introduction and effect of legal presumptions in labour law and/or social security; • developing uniform criteria for the employment relationship; • criteria for identifying self-employed but economically-dependent workers; • extension of protection of labour law to persons other than employees or the self-employed; and • social rights applicable to all work contracts irrespective of their formal qualification; • floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called ‘the most important industrial relations issue of our time.’

Employment Law
List of Abbreviations.
1. The Legal Status of Persons Performing Work Personally: The Topic of this Book; C. Bosse, F. Pennings.
2. The Various Categories of Persons Performing Work Personally; F. Pennings.
3. ILO Recommendation 198, the Employment Relationship Recommendation; C. Bosse.
4. The European Union and the Issue of the Employment Relationship; F. Pennings.
5. Protection of Working Relationships in Belgium; P. Humblet, I. Plets.
6. Protection of Working Relationships in France; I. Daugareilh.
7. The Protection of Working Relationships in the Netherlands; F. Pennings.
8. The Protection of Working Relationships in Poland; A.M. Świątkowski .
9. Hidden Employment Relationships: Integration into Labour Law? The German Case; W. Däubler.
10. The Protection of Working Relationships under United Kingdom Law; A.C. Neal.
11 . Conclusions and Recommendations; F. Pennings, C. Bosse. Annex: R198: The ILO Employment Relationship Recommendation. Bibliography. List of Authors. Index.

Series: Studies in Employment and Social Policy Series

The Sources of Labour Law ISBN 9789403502847
Published December 2019
Kluwer Law International
Regulating Strikes in Essential Services: A Comparative 'Law in Action' Perspective ISBN 9789041189974
Published November 2018
Kluwer Law International
Sustainable Development, Global Trade and Social Rights ISBN 9789041192356
Published March 2018
Kluwer Law International
The Right to Strike: A Comparative View
Edited by: Bernt Waas
ISBN 9789041150073
Published September 2014
Kluwer Law International
Non-Public Actors in Social Security Administration: A Comparative Study ISBN 9789041149176
Published October 2013
Kluwer Law International
Health and Safety at Work: European and Comparative Perspective ISBN 9789041146618
Published June 2013
Kluwer Law International
The European Social Dialogue Under Articles 138 and 139 of the EC Treaty ISBN 9789041127440
Published June 2008
Kluwer Law International