EU Employment Law (Oxford European Union Law Library)

✍ Scribed by Catherine Barnard

• Publisher: Oxford University Press
• Year: 2012
• Tongue: English
• Leaves: 796
• Edition: 4
• Category: Library

✦ Synopsis

This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg.
The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?

✦ Table of Contents

Cover
Contents
Table of Cases and European Community Decisions
Table of Legislation
List of Figures & List of Tables and Boxes
PART I: INTRODUCTION
1 THE EVOLUTION OF EU ‘SOCIAL’ POLICY
A. Introduction
B. The Development of EU Social Policy by the Union Institutions
C. The Nature and Purpose of EU Social Policy
D. Conclusions
2 (HARD) LAW-MAKING IN THE FIELD OF SOCIAL POLICY
A. Introduction
B. Adopting Union Social Legislation
C. The Legislative Process
D. Conclusions
3 THE EMPLOYMENT TITLE, THE LISBON AND EU2020 STRATEGIES, AND THE FINANCIAL CRISIS
A. Introduction
B. The Employment Title
C. The Lisbon and EU2020 Strategies
D. The Financial Crisis
E. Conclusions
PART II: MIGRANT WORKERS
4 FREE MOVEMENT OF WORKERS
A. Introduction
B. Personal Scope
C. The Rights Conferred on Workers
D. Employment in the Public Service
E. Third Country Nationals and the Right to Work
F. Conclusions
5 LABOUR LAW AND THE INTERNAL MARKET
A. Introduction
B. EU Competition Law meets National Labour Law
C. The Four Freedoms Meet National Labour Law
D. Attempts at Reconciling the Internal Market with Labour Law and Policy: The Case of Public Procurement
E. Conclusions
PART III: EQUALITY LAW
6 EQUALITY LAW: DEVELOPMENT AND PRINCIPLES
A. Introduction
B. The Development of EU Law and Policy on Equality
C. The Constitutional Use of the Equality Principle in EU Law
D. Non-discrimination on Prohibited Grounds
E. Formal and Substantive Equality
F. Conclusions
7 EQUAL PAY
A. Introduction
B. The Personal Scope of Article 157 TFEU
C. The Meaning of ‘Pay’
D. The Scope of the Comparison
E. The Prohibition of Discrimination on the Grounds of Sex
F. Justifications
G. Enforcement of Equality Rights
H. Conclusions
8 EQUAL TREATMENT
A. Introduction
B. The Prohibited Grounds of Discrimination
C. The Personal Scope
D. The Material Scope
E. Prohibition of Discrimination
F. Derogations
G. Positive Action
H. Positive Duty to Promote Equality
I. Directive 2010/41 on Equal Treatment of the Self-Employed
J. Remedies
K. Conclusions
9 FAMILY FRIENDLY POLICIES
A. Introduction
B. Pregnancy, Maternity, and Beyond
C. Division of Responsibilities in the Family: The Balance between Work and Caring
D. Childcare
E. Atypical Workers: Part-Time, Fixed-Term, and Agency Work
F. Conclusions
10 EQUAL TREATMENT IN RESPECT OF SOCIAL SECURITY AND PENSIONS
A. Introduction
B. Directive 79/7: Equal Treatment in Social Security
C. Equality, Retirement, and Pensions
D. Conclusions
PART IV: HEALTH AND SAFETY AND WORKING CONDITIONS
11 HEALTH AND SAFETY
A. Introduction
B. The Development of a Union Policy in Respect of Health and Safety
C. Framework Directive 89/391 on Health and Safety
D. The Daughter Directives
E. Conclusions
12 WORKING CONDITIONS
A. Introduction
B. Working Time
C. Young Workers
D. Working Conditions
E. Conclusions
PART V: EMPLOYEE RIGHTS ON RESTRUCTURING ENTERPRISES
13 TRANSFERS OF UNDERTAKINGS
A. Introduction
B. Transfers of Undertakings: Overview
C. When is there a Transfer of an Undertaking?
D. Safeguarding Individual Employees’ Rights
E. Collective Rights
F. Insolvency and Measures Falling Short of a Declaration of Insolvency
G. Implementation and Remedies
H. Conclusions
14 COLLECTIVE REDUNDANCIES AND EMPLOYEES’ RIGHTS ON THE EMPLOYER’S INSOLVENCY
A. Introduction
B. The Collective Redundancies Directive
C. The Insolvency Directive 2008/94/EC
D. Conclusions
PART VI: COLLECTIVE LABOUR LAW
15 WORKER INVOLVEMENT IN DECISION-MAKING: INFORMATION, CONSULTATION, AND WORKER PARTICIPATION
A. Introduction
B. Information, Consultation, and Participation: Setting the Scene
C. European Works Councils
D. European Company Statute
E. National-Level Information and Consultation Provisions
F. Worker Participation under Other Union Instruments
G. Financial Participation of Employees in a Company
H. Conclusions
16 FREEDOM OF ASSOCIATION, COLLECTIVE BARGAINING, AND COLLECTIVE ACTION
A. Introduction
B. Freedom of Association
C. The Right to Engage in Collective Bargaining
D. The Right to Take Collective Action
E. Conclusions
Index
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
R
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T
U
V
W
Y