Precarious Work
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Precarious Work

The Challenge for Labour Law in Europe

Edited by Jeff Kenner, Izabela Florczak and Marta Otto

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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Chapter 9: On the balance between flexibility and precarity: atypical forms of employment under the laws of the Czech Republic

Jakub Tomšej

Abstract

The recent economic crisis has increased the demand for atypical, flexible work patterns. Czech lawmakers have thus been under continuous pressure by employers to adopt more liberal labour laws. Any increase of flexibility in labour relations, however, increases the risk of worsening the conditions of employees and deepening precarity in labour relations. The chapter focuses on the current legal regulation of flexible forms of work under Czech law, and attempts to evaluate to what extent these patterns represent a welcomed option for both employers and employees, and to what extent they trigger the risk of precarious work. The author describes legal instruments such as agreements on performance of work outside the employment relationship, fixed term employment, part time employment, self-employment, employment through work agency and remote working. Particular attention is paid to illegal work issues and related proceedings against employers. In summary, the author concludes that the increase of flexibility in labour relations has had positive consequences in many aspects, but the author also debates potential issues and challenges arising from legal regulation for workers.

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