This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
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The Challenge for Labour Law in Europe
Edited by Jeff Kenner, Izabela Florczak and Marta Otto
Informal Work and Employee-like Workers
Edited by Mies Westerveld and Marius Olivier
All over the world countries face the challenge of inadequate social security coverage for workers without an employment contact. In countries of the global south, this phenomenon is a natural consequence of large informal economies. Countries in the global north increasingly witness the same issue, due to growing labour market flexibility (flex contracts, dependent self-employment, digitization of labour). In this book authors from both hemispheres exchange insights, experiments and practices with the intention of finding better ways to deal with the social security challenges facing workers.
Edited by Antonio Argandoña
In the first major work to take the home as a center of analysis for global social problems, experts from a variety of fields reveal the multidimensional reality of the home and its role in societies worldwide. This unique book serves as a basis for action by proposing global legislative, political and institutional initiatives with the home in mind.
Edited by Colin Fenwick and Valérie Van Goethem
This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance.
Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory. It uses Niklas Luhmann’s theory of the world society and Gunther Teubner’s reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labour market policies and labour law; reflexivity in labour and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labour law.
The Challenge for EU Constitutional Law
The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU’s ‘judicial constitution’ to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The ‘judicial constitution’ contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU’s competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a ‘constitution of social governance’: the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity.
Labour Market Transitions and the Promotion of Capability
Edited by Ralf Rogowski, Robert Salais and Noel Whiteside
Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it.