Core and Contingent Work in the European Union: A Comparative Analysis

Description

Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society. Table of Contents List of Contributors 1 The Spirit of Pontignano 2 Methodological Introduction 3 Contingent Work: A Conceptual Framework I. Flexible, Atypical, Precarious, Contingent II. Two Empirical Premises III. Deciphering Contingent Work IV. Contingency in Bilateral Relations V. Contingency in Triangular Relations VI. Conclusions 4 Equal Treatment as a Problem: Germany and Agency Work I. Introduction II. The Ancient Agency Work Regime III. Labour Market Reforms since 2002 ("Agenda 2010") IV. The Equal Treatment Principle V. What Happened After This? VI. The Lessons to be Learned 5 "Making" Contingent Work Conditional: Fixed-Term and Temporary Agency Contracts in Belgian Law I. Introduction II. Conditionality In EU Directives on Atypical Work III. Conditionality of Fixed-Term and Temporary Contracts in Belgian Law IV. Assessment 6 Externalising the Workforce: Lessons from France I. Introduction II. The Strategies of Externalisation III. The Legal Organisation of Outsourcing IV. The Temptation for Social Dumping V. Joint Employers VI. The Issue of Risks VII. Externalisation of Management 7 Do We Really Wish You Were Here? Hungary and Distance Work I. Development of Distance Work-From Homework to Crowdwork & Co II. The Great Image of Telework-False Expectations? III. Spread of Telework in Hungary IV. Regulatory Considerations V. Telework as Employment Relationship-Protection or Segmentation? VI. The Definition of Telework VII. Rights and Obligations VIII. Closing Remarks 8 Re-structuring the Standard Employment Relationship: Italy and the Increasing Protection Contract I. Premise II. The Central Position of Subordinate Permanent Jobs at the Origins of Italian Labour Law III. The Transformation of the Productive Systems and the Spread of Consultancy Work IV. The Monti Government and the Role of the European Institutions in the Job Market Reform V. The 2012 "Monti-Fornero" Reform. The Squeeze on Freelance Collaborations VI. The Renzi Government"s Jobs Act VII. Conclusions 9 Re-addressing Self-employment: Spain and the New Entrepreneurship I. Difficulty of Classifying Self-Employed Workers in a Legal Category II. Impact of the Economic and Social Crisis on Self-Employed Work III. Stages in the Readdressing of Self-Employment Work in Spain IV. Self-Employed Work as Regulated Work V. Concurrence of Legal Sources in the Regulation of Self-Employment VI. Civil, Economic and Labour Rights of Self-Employed Workers VII. The Economically Dependent Self-Employed Worker (TAED): Core Worker or Contingent Worker? VIII. The TAED as Holder of Labour Rights IX. Social Security Rights of TAEDs X. Towards A "Soft" Labour Law for TAEDs and Contingent Workers? 10 Inverting the Flexicurity Paradigm: The United Kingdom and Zero Hours Contracts I. Introduction II. The Culture of Zero Hours Work in the UK III. Zero Hours Working-Legal Status and the Scope of Employment Protection IV. Outlawing Abuses of Zero Hours Contracts and Proposals for Reform V. Conclusion-Towards "Horizontal Equity" for all Workers 11 Collective Regulation of Contingent Work: From Traditional Forms of Contingent Work to Crowdwork-A German Perspective I. The Notion of Contingent Work-Focus from A Collective Perspective II. Temporary Agency Work III. Service Contracting IV. Crowdwork-(New) Contingent Work Under Platform Capitalism V. Conclusion 12 Does Age Matter? Sweden, Younger and Older Workers and the Intergenerational Dimension of Contingent Work I. Introduction II. Contingent Work, Younger and Older Workers and the Labour Market III. Contingent Work, Younger and Older Workers and Labour Law IV. Intergenerational Bargaining V. Concluding Remarks 13 Social Protection of Contingent Work: Austria and the Full Coverage Social Insurance System I. Introduction-The Development of the Austrian Social Security System II. Social Coverage of the Core Workforce III. The Social Inclusion of Self-Employed Persons IV. Contingent Workers V. Conclusions 14 The "Risk Approach" in Occupational Health and Safety (with an Eye to Italy): Alternative or Complement to the "Core/Contingent Approach"? I. Occupational Health and Safety: Some Background Remarks on the Legal Aspects II. Occupational Health and Safety and EU Law as it Applies to Core and Contingent Workers III. The "Particularly Sensitive Risk Group" Approach IV. The Interference Risk and the Temporary and Mobile Construction Sites Directive V. Italy and the "Particularly Sensitive Risk Group" Approach VI. The "Risk Approach" as a Complement to the Core/Contingent Approach 15 Contingent Work and Social Cohesion: Some Outcomes and One Proposal I. The Retrenchment of Core Workforce in the Company II. Contingent Work and the Legal Order III. National Occupational Strategies and the Drift Towards Contingent Work IV. The role of Social Partners V. Contingent Work and the "New Forms of Employment" VI. How to Cope with the Drift Towards Contingent Work: a Combined Approach for a Specially Sensitive Social Group Bibliography Index