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European Labour Law Network

European Labour Law Network (ELLN) - Seminar Report 2014 “New Forms of Employment and EU Law”

The 7th ELLN Annual Legal Seminar took place in The Hague/ The Netherlands on 27 and 28 November 2014.
The theme of this year’s conference was “New Form of Employment and EU Law“.

The programme was divided into seven main sessions:
1. An introduction to the theme of the Seminar on the “Overview of new forms of employment” by Ms. Irene Mandl, Eurofound
2. An introduction to the theme of the Seminar on “New forms of employment and IT – Crowdsourcing” by Prof. Jan Marco Leimeister, University of St. Gallen and Kassel University
3. New forms of employment: Implications for EU law – The law as it stands, keynote speech by Prof. Simon Deakin, University of Cambridge
4. Implications of Council Directive 91/533/EEC for new forms of employment, keynote speech by Ms. Claire Toumieux, Allen & Overy France
5. Non-standard employment: What can the EU do?, keynote speech by Prof. Catherine Barnard, University of Cambridge
6. Civil law contracts in Hungary, keynote speech by Prof. Tamás Gyulavári, Pázmány Péter Catholic University
7. Discussion with Mr. Guillaume Cairou, President, European Umbrella Companies Federation (FEPS) and Ms. Christiane Benner, executive managing Director, Industrial Union of Metalworkers Germany (IG Metall)

The themes were elaborated during the Seminar by means of presentations and working group discussions.

This report consists of presentations, speeches and background documents as used during the Seminar as well as discussion notes of the working group discussions.

ILO and ELLN: Employment Relationship Recommendation 2006 (No. 198)

Protection of workers’ rights in labour laws, regulations and collective agreements are generally linked to the existence of an employment relationship between an employer and an employee. The issue of who is or is not in an employment relationship has become problematic in recent decades as a result of major changes in work organization, as well as in the adequacy of legal regulation in adapting to these changes. This Recommendation recognizes that there is a role for international guidance to member States in achieving protection that is equally accessible to men and women, through national law and practice. With a view to ensuring a follow up of the implementation of the Recommendation, the International Labour Office was instructed to assist constituents in developing national policies and setting up monitoring and implementing mechanisms, as well as to promote good practices at the national and international levels concerning the determination and use of employment relationships.Over the recent years, there have been increasing developments at the European level regarding the employment relationship in legislation, case law, collective agreements and soft law. In this context, the ILO, and in particular the Industrial and Employment Relations Department (DIALOGUE) undertook a strategic partnership with the European Labour Law Network (ELLN), in order to produce an updated version of the 2007 annotated Guide with a specific focus on European countries. Present Recommonendation is also available in Russian.
 

Annual Report 2013

Legislation of Belgium, Cyprus, Denmark, Iceland, Liechtenstein, Norway, Slovenia and Sweden on temporary agency work (Directive 2008/104/EC) was thoroughly modified or draft provisions became effective, aiming to implement the Directive. Additionally, legislation related to Directive 2003/88/EC on working time and legislation related to Directive 2009/52/EC was issued in Belgium. Directive 2009/13/EC will be implemented in Estonia. In Italy and Luxemburg, recent legislation addresses the incomplete implementation of Directive 1999/70/EC. Amendments to legislation on posted workers or self-employed workers have been introduced in Belgium and Demark. Moreover, the law implementing Directive 2010/18/EC on parental leave has been voted on or drafted in Luxembourg and Ireland. Legislation on health and safety at work has been approved in Bulgaria, Germany, Finland and Slovakia and amendments of the law on the protection of the rights of employees in the event of the insolvency of their employer came into force in Ireland. In Cyprus, the competent ministry is currently drafting new rules in this area. New legislation transposing the Single Permit Directive 2011/98/EU has been introduced in Austria and the Netherlands and sanctions and enforcing measures against employers of illegally staying third-country nationals were published in Belgium and Luxembourg. The new Czech Civil Code became effective in December and will be applied subsidiary to the Labour Code. Amendments to the Civil Code became effective in Austria and Lithuania and Romania got a new Code on Civil Procedure. In order to reduce undeclared work, Estonia intends to introduce a special system for registering employees. Greece has already adopted a bill which provides for penalties against the employer in addition to other penalties provided by law and the Italian Government adopted Law Decree No. 145 providing important measures to counter undeclared work. Significant changes to labour law became effective in France, Lithuania, Slovakia, Czech Republic and the UK. Moreover, a Bill on the Labour Code and significant changes to labour law are expected in Poland. France, Sweden and the Netherlands adopted law on the protection of whistleblower. Germany has decided to ratify Convention 189 and Recommendation 201 on Decent Work for Domestic Workers in 2013 and the Maritime Labour Convention of 2006 (MLC) of the ILO has already been ratified in Germany and the Netherlands.

In 2013, court rulings on criteria for distinguishing employment relationships and contracts for services, dismissal law, posted workers, ROME I Regulation, working time (illness and paid leave), part-time and fixed-term contracts, payment in lieu of holiday, collective redundancies and dismissal protection, paid annual leave and transfer of workers have been delivered in various countries.
The Supreme Courts of Austria and Finland and the Dutch Administrative High Court have asked the European Court of Justice for a preliminary ruling dealing with remuneration of employees in the public railway services, regulation on the hired work force in collective agreements (Finish preliminary questions concern the interpretation of the Directive on Temporary Agency Work 2008/104/EC) and the compatibility of Dutch legislation with the Directive on Employer Insolvency.
Constitutional Courts of the Republic of Croatia, Hungary, Italy, Lithuania, Luxembourg, Portugal and Spain have established case law in the field of labour law.

Finally, the European Commission has asked Italy and France to respect the rights of doctors working in public health services to minimum daily and weekly rest periods as required by the Working Time Directive 2003/88/EC.

European Labour Law Network (ELLN) - Seminar Report 2013 “Undeclared Work”

 The 6th ELLN Annual Legal Seminar took place in Frankfurt/ Germany on 17 and 18 October 2013.
The theme of this year’s conference was “Undeclared Work“.

The Annual Legal Seminar discussed three important subjects. The first was the legal typology of undeclared work. Prof. Ales provoked the discussion with the thesis that to describe the multifaceted socio-economic phenomenon of undeclared work, a typology based on ´paid activity´ is required rather than traditional legal concepts.

The second item was sanctions. The discussion on possible sanctions was opened by prof. Waas who advocated a wide notion of sanctions, including for instance the use of civil law besides administrative and criminal law.

The last topic of the conference dealt with the transnational aspects of undeclared work and the role of EU legislation.
Prof. Mc Kay introduced this theme with a focus on three areas: informal posting, third country nationals and cross-border informal work.

This report consists of presentations, speeches and background documents as used during the Seminar as well as discussion notes of the working group discussions.

European Labour Law Network (ELLN) - Seminar Report 2012 “Labour Law in a Greying Labour Market – Challenges of Active Ageing”

The 5th ELLN Annual Legal Seminar took place in The Hague/ The Netherlands on 11 and 12 October 2012.
The theme of this year’s conference was “Labour Law in a Greying Labour Market – Challenges of Active Ageing“.
The objective of the seminar was to provide an overview of the rights that are enjoyed by elderly workers and to take stock of the challenges arising in the context of age discrimination and the fixing of retirement conditions. Furthermore, the question of “Young versus Old or Intergenerational solidarity” was explored.
This theme was elaborated during the Seminar by means of presentations and working group discussions.

European Labour Law Network (ELLN) - Seminar Report 2011 - “Protection against Dismissal in Europe – Basic Features and Current Trends“

The theme of the 2011 Seminar was “Protection against Dismissal in Europe – Basic Features and Current Trends“. As preparation and background information a Thematic Report was prepared by the Network with the aim to provide a comparative overview of the trends and problems with regard to the termination of employment relationships in the private sector at the initiative of the employer with a specific focus on dismissals for business reasons. This theme was further elaborated during the Seminar by means of presentations, working group discussions and a panel discussion. This report consists of presentations, speeches and background documents as used during the Seminar as well as discussion notes of the working group discussions.

European Labour Law Network (ELLN) - Thematic Report 2011: Dismissal - particularly for business reasons - and Employment Protection

The 2011 Thematic Report of the European Labour Law Network (ELLN) deals with the termination of employment relationships in the private sector at the initiative of the employer with a specific focus on dismissals for business reasons. It examines the situation in the 30 countries of the European Economic Area.

European Labour Law Network (ELLN) - Thematic Report 2010: Protection, Involvement and Adaptation - European Labour Law in Time of Crisis, Restructuring and Transition

Our Thematic Report 2010 deals with European Labour Law in Time of Crisis, Restructuring and Transition. It aims to provide a comparative overview of the trends and problems encountered in the application of some key issues of European Labour Law in a period during which the European economy is confronted with a severe economic crisis.

European Labour Law Network (ELLN) - Thematic Report 2009: Characteristics of the Employment Relationship

The Thematic Report of 2009 examines several aspects of the employment relationship. In particular, it expands on how employment relationships are defined in the Member States of the EU and the European Economic Area countries, which specific categories are recognised in addition to the standard employment contract, and how countries deal with bogus self-employment.

European Labour Law Network (ELLN) - Thematic Report 2008: Challenges of Cross-border mobility

In this Thematic Report, cross-border mergers and transfers will be discussed from the point of view of mobility of employees as well as of the employer. It deals with the posting of workers in the context of the provision of services as laid down in Article 49 of the EC Treaty, cross-border mergers and transfers of undertakings and information and consultation obligations/rights that apply in case of a cross-border merger or transfer of an undertaking.

R. Farrelly: Commission rejects proposed review of controversial posted workers directive (Irish Industrial relations news, 05/2009, 03 February 2009, pp.32-33)

This contribution focuses on the European Commission's rejection of the recommendations of a European Parliament report calling for legislative action in response to three recent ECJ judgements: Laval, Ruffert and Viking. 

B. van Lammeren: Zoeken naar gemene delers ["Leidraad", Magazine of Leiden University, Summer 2008 (only available in Dutch)]

Interview with ELLN co-initiator Professor Guus Heerma van Voss on the initial concept for the ELLN and the new dimension it acquired following the signing of a contract with the Directorate-General for Employment, Social Affairs and Equal Opportunities of the European Commission in Brussels in 2007.

Labour market and Flexicurity strategies – A European challenge [Recht der Internationalen Wirtschaft (RIW), Issue 8, August 2008, pp. 497 – 527 (only available in German)]*

These contributions focus on specific national experiences and approaches with regard to the strategy of flexicurity. The articles are, for the most part, based on an International Symposium on Flexicurity and Labour law, which took place in the Representation of the State of North Rhine-Westphalia to the European Union in Brussels on 8 April 2008. Includes contributions by Bernd Waas, Ton Wilthagen and Sonja Bekker, Jasmin Pacic, Jens Kristiansen, and Leszek Mitrus.

B. Waas, G. Heerma van Voss: Europäische Kommission und Arbeitsrechtsvergleichung, [Recht der Internationalen Wirtschaft (RIW), Issue 4/2008 p. 1 (only available in German)]*

This article covers the objectives of ELLN and describes its collaboration with the European Commission.

 

* We thank the publishing company of the law journal "Recht der Internationalen Wirtschaft (RIW)", Verlag Recht und Wirtschaft GmbH, Verlagsgruppe Deutscher Fachverlag, Frankfurt/Main for being so generous and allowing us to publish these articles on our website.