The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

This book aims at explaining the variance in legal status, working conditions, social protection and collective representation of self-employed professionals across Europe. Despite considerable diversity, the authors observe three strategic models of mobilisation: the provision of services; advocacy, lobbying and the political role; and the extension of collective bargaining. They highlight the new urgent challenges that have emerged including the implementation of universal social protection schemes, active labour market policies likely to support sustainable self-employment, and the renewal of social dialogue through bottom-up organisations to extend the collective representation of project-based professionals.

This book examines the European Strategy for Employment (EES) and its implementation through the Open Method of Coordination, exploring what the EES reveals about recent developments in EU social governance, and offering new insights and fresh perspectives into the operation of New Governance and its relationship with law and constitutionalism.

Temporary employment contracts are now commonplace in business. However the move towards such employment structures has a significant, and hitherto little understood impact on 'the psychological contract' between employee and organizations. This book is amongst the first to tackle this problem. With detailed research findings from seven countries: Belgium, Germany, the Netherlands, Spain, Sweden, the UK and (for a non-European perspective) Israel, it presents an integrated model of the effects of temporary work. The model incorporates key recent trends, including the expansion of non-permanent employment as a persistent form of employment flexibility, the increasing importance of the psychological contract, and the diversity of the European labour market as a result of state legislation. By presenting the results of an overview of the research literature on this contemporary labour market trend this book is of real value to researchers, practitioners and policy makers.

Published in 1999, this text is influenced by two sets of theories, namely regulation theories and theories on social citizenship. Regulation theories are mainly used as an overall guideline - a frame of reference - in the analysis of changed, unchanged and new types of integration and differentiation in working life and its social modes of regulations. The perspective on social citizenship is concentrated on participation in working life - what are the changes in working life (unemployment and non-standard employment) and what are the conditions and the outcome of social regulation? These questions are thematized in two articles and analyzed in chapter 7 which focuses on four welfare state models represented by Portugal, England, the Netherlands and Denmark. The book aims to contribute material on labour market segmentation and social policies to combat labour market marginalization in four countries studies representing typical European welfare state models.

The book is without doubt a must-read reflection on the notion of full employment and a source of inspiration for the establishing of the knowledge-based economy that is such an aspiration for Europeans. Thomas Bauwens, Agence Europe Every book by Günther Schmid is an event. This one illuminates the current European policy debate on flexicurity . It gives fresh analyses of the comparative employment performances of the EU and the USA, and proposes a path-breaking framework for understanding and improving them. Pragmatic and provocative, Schmid s contribution should be a must for researchers, but also for HR managers, social partners representatives and policymakers interested in the present and future of work and employment. Bernard Gazier, University Paris 1 and a Member of the Institut Universitaire de France Transitional Labour Markets (TLM) defined as legitimate, negotiated and politically supported sets of various employment options in critical events over the life course are an essential ingredient of modern full employment strategies. After assessing the European Employment Strategy, this book offers a detailed comparative analysis of employment performance for selected European member states and the United States. It suggests that successful employment systems arise from a new paradigm of flexibility and security ( flexicurity ) the balance of which varies according to countries institutional paths. Whilst there is no best practice , TLM theory does provide normative and analytical principles that can be generalised for various institutional settings. The book also provides good practice examples for managing critical transitions over the life course from education to employment, from one job to another, from unemployment to employment, from private activities to gainful work and from employment to retirement and develops the contours for extending unemployment insurance to work life insurance. With a fresh and new approach to the question of full employment in modern society, this book will appeal to academic scholars interested in labour market and employment policies, and policy decision makers at local, regional, national and European levels.

How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.

Employment services are at the centre of a complex web of rules deriving from the EU, national public law and from private agreements. This book examines the law and regulation of public services through case studies of the public employment services in EU member states.