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European Employment Law 2nd ed


ISBN13: 9781839701511
Previous Edition ISBN: 9781780680804
Published: January 2022
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Hardback
Price: £176.00



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European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.

The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.

Subjects:
Employment Law, EU Law
Contents:
§1. European Employment Law: Introduction, Subject Matter, Sources of Law, Overview, Methods
PART 1. FOUNDATIONS
§2. Fundamental Rights
§3. Fundamental Freedoms
§4. Competition Law and Labour Law
§5. Legislative Competences
PART 2. CONFLICT OF LAWS
§6. Conflict of Laws – The Rome I and Rome II Regulations
§7. The Posting of Workers Directive
§8. The Brussels Ia-Regulation on Jurisdiction and the Recognition and Enforcement of Judgments
PART 3. PROTECTION OF PERSONALITY RIGHTS
CHAPTER 1. ANTI-DISCRIMINATION LAW
§9. The Principle of Equality and Prohibitions of Discrimination – General Part: Sources of Law and Instruments of Protection
§10. Prohibition of Sex Discrimination
§11. Race Discrimination Directive
§12. The Equal Treatment Framework Directive (Religion, Belief, Disability, Age and Sexual Orientation)
CHAPTER 2. DATA PROTECTION
§13. General Data Protection Regulation
PART 4. INDIVIDUAL EMPLOYMENT LAW
CHAPTER 1. EMPLOYMENT CONDITIONS
§14. The Transparency Directive
§15. Whistleblower Directive
CHAPTER 2. WORKERS’ SAFETY AND HEALTH
§16. The Safety and Health Framework Directive
§17. The Working Time Directive
CHAPTER 3. ATYPICAL FORMS OF EMPLOYMENT
§18. Atypical Forms of Employment – Overview and General Part
§19. The Part-Time Work Directive
§20. The Fixed-Term Work Directive
§21. The Temporary Agency Work Directive
§22. The Temporary Work Health and Safety Directive
CHAPTER 4. PROTECTION OF SPECIFIC GROUPS OF WORKERS
§23. The Maternity Protection Directive
§24. The Parental and Carers’ Leave Directive
§25. The Young People at Work Directive
CHAPTER 5. EMPLOYEE PROTECTION IN BUSINESS RESTRUCTURING AND INSOLVENCY
§26. The Collective Redundancies Directive
§27. The Transfer of Undertakings Directive – With an Appendix on the Takeover Directive
§28. The Insolvency Protection Directive
PART 5. COLLECTIVE EMPLOYMENT LAW
§29. European Law on Employee Involvement – Introduction and Overview
§30. The Information and Consultation Framework Directive
§31. The European Works Council Directive
§32. Employee Involvement in the European Company and in the European Cooperative Society
§33. Cross-Border Structural Measures (Conversion, Merger, Division) and Employee Participation
§34. Employee Involvement in the European Private Company