European Labour Law
İÇİNDEKİLERTable of ContentsThe Author List of Abbreviations Prologue General Introduction §1. THE INSTITUTIONAL FRAMEWORK I. The Treaties A. From a Community to a Union B. The European Community 1. Objectives' 2. Subsidiarity C. Integration n. The Institutions and their Competences A. The European Parliament B. TheCouncil C. The Commission D. The Court of Justice III. Other Organs A. The Economic and Social Committee (EC-Euratom) B. The Consultative Committee (ECSC) C. The European Social Fund D. European Centre for the Development of Vocational Training E. European Foundation for the Improvement of Living and Working Conditions F. The Standing Committee on Employment G. The Employment Committee H. The European Agency for Safety and Health at Work I. The Committee of the Regions J. Other Advisory Committees K. Sectoral Joint Committees, Informal Groups and Sectoral Dialogue Committees L. The European Industrial Relations Centre IV. The Legislative Process A. Community Law B. Secondary Law 1. EC and Euratom a. Regulations b. Directives c. Decisions d. Recommendations and Opinions e. International Agreements 2. The ECSC V. The Decision-Making Process VI. Relations with Other International Organisations A. General B. The International Labour Organisation C. The European Economic Area D. Europe Agreements with Central and Eastern European Countries §2. THE SOCIAL PARTNERS I. The Employers' Organisations II. The Trade Unions §3. COMPETENCES OF THE EC REGARDING LABOUR LAW I. The ECSC II. Euratom III. The EC A. The Hierarchy of the Objectives: Non-Inflationary Growth B. Social Objectives C. Fundamental Rights and Competences 1. Fundamental Rights a. Mega-Principles b. The European Convention for the Protection of Human Rights and Fundamental Freedoms c. Fundamental Social Rights d. Discrimination e. Personal Data 2. Competences a. The EC (1) Cooperation between Member. States (2) Legislative Competence (a) Social Matters (a1) Qualified Majority Voting (aa) Procedure ! (bb) Areas §4. EUROPEAN LABOUR LAW: TRAILER OR LOCOMOTIVE? I. The ECSC II. The EC A. 1957-1974 B. 1974-1989 C. 1990 and Beyond: The Community Charter and the Social Action Programme - The Maastricht Agreement on Social Policy 1. The Community Charter of Basic Social Rights a. Foundation b. Objectives c. Scope d. Content (1) The Twelve Commandments (2) Implementation 2. The Action Programme 3. The Maastricht Agreement on Social Policy (1991), the Green and the White Papers (1993) D. The White Paper on Growth, Competitiveness and Employment (1993) E. The White Paper on European Social Policy (1994) F. 1996 and Beyond: Unemployment - the IGC and Social Rights 1. Unemployment a. The European Council in Essen (1994) b. The Confidence Pact for Employment (1996) 2. The IGC and Social Rights a. Social Rights in the Treaty? b. The Comite des Sages (23 March 1996) c. Report of the Expert Group on Fundamental Rights G. The Treaty of Amsterdam (1997) - Employment 1. European Jobs Summit, Luxembourg, November 1997 a. Commission's proposals (1) A New Culture of Entrepreneurship in the EU (2) A New Culture of Employability in the EU (3) A New Culture of Adaptability in the EU (4) A New Culture of Equal Opportunities in the EU b. Social partners c. Jobs Summit: Conclusions Luxembourg d. The Guidelines 2000 (1) Improving Employability (2) Developing Entrepreneurship ] (3) Encouraging Adaptability of Businesses and their Employees ] (4) Strengthening Policies for Equal Opportunities 1 e. Implementing the Guidelines for Employment. Findings of the 1999 Joint Employment Report 1 H. Implementation of Directives by Member States I. The Social Action Programme: 1998-2000 J. Combating Discrimination: New Directives Announced 1. A General Framework Directive 2. People of Different Racial and Ethnic Origins 3. Action Programme to Combat Discrimination: 2000-2006 III. Convergence or Divergence? Part I. Individual Labour Law CHAPTER 1. THE FREE MOVEMENT OF WORKERS §1. Free Movement I. Right to Leave II. Access and Residence A. Access B. Residence 1. In the Case of Employment 2. In the Case of Ceased Occupational Activity III. Equal Treatment A. National Law B. Collective and Individual Agreements C. Work D. Performance of Work E. Trade Union Freedom, Workers' Participation, Management of Public Bodies F. Housing IV. Workers' Families A. Right to Settle B. Right to Work C. Training of Children §2. Scope of Application I. Workers A. In General B. Sports - The Bosnian Case C. Others II. Family Members III. Exceptions A. Employment in the Public Sector B. Public Policy, Security and Public Health 1. Scope of Application 2. Grounds of Public Policy or Security 3. Public Health 4. Procedural Safeguards §3. Promotion I. Employment Services II. Vocational Training III. Recognition of Qualifications and Diplomas . CHAPTER 2. INTERNATIONAL PRIVATE LABOUR LAW §1. The Competent Judge §2. The Applicable Law §3. Posting of Workers: The Directive 96/71 of 16 December 1996 I. Legal Base II. Scope of Application III.. Terms and Conditions of Employment A. Minimum Conditions B. Other Conditions C. Exceptions IV. Cooperation and Transparency (Article 4) V. Enforcement (Article 5) VI. Jurisdiction (Article 6) VII. Implementation (Article 7) - Review (Article 8) CHAPTER 3. INDIVIDUAL EMPLOYMENT CONTRACTS §1. Temporary Work - Part-time - Fixed Term Contracts I. Directive: Health and Safety A. Scope B. Object: Equal Treatment C. Provision of Information to Workers D. Worker's Training E. Use of Worker's Services and Medical Surveillance of Workers F. Protection and Prevention Services G. Temporary Employment: Responsibility H. Reporting II. Part-time Work: The Collective Agreement of 6 June 1997 A. Developments B. Purpose C. Scope D. Definitions E. Principle of Non-discrimination F. Opportunities for Part-time Work G. Provisions on Implementation III. The Agreement on Fixed Term Contracts of 18 March 1999 2. Conditions Applicable to the Contract of Employment: Information I. Scope II. Obligation to Provide Information A. In General C. Modifications D. Term and Form of Information III. Defence of Rights IV. Implementation §3. Recruitment and Placement: Monopoly of the Public Employment Office? CHAPTER 4. CHILD CARE AND THE PROTECTION OF YOUNG PEOPLE AT WORK §1. Child Care §2. Protection of Young People at Work (Directive 94/33 EC of 22 June 1994) I. Introductory Remarks II. Purpose and Scope A. Purpose B. Scope III.. Definitions IV. Prohibition of Work by Children V. Cultural or Similar Activities VI. General Obligations on Employers VII. Vulnerability of Young People - Prohibition of Work VIII. Working Time IX. Night Work X. Rest Period XI. Measures. Non-reducing Clause. Final Provisions CHAPTER 5. EQUAL TREATMENT FOR MEN AND WOMEN §1. Principle and Scope I. In General II. Man and Woman. Sexual Orientation §2. Definition I. Equality of Opportunity or of Outcome II. Direct and Indirect Discrimination III. Exceptions A. Nature of the Activity B. Protection of Women C. Positive Discrimination §3. Object I. Equal Pay for Equal Work or Work of Equal Value A. Equal Work or Work of Equal Value B. Equal Pay II. Access to Employment, Promotion, Vocational Training III. Working Conditions IV. Social Security, Pensions §4. Proof I. Aim II. Defintions III. Scope IV. Burden of Proof V. Information VI. Non-regression VII. Implementation §5. Implementation §6. Announcement, Enforcement, Direct Effect I. Announcement n. Protection against Dismissal III. Legal Proceedings IV. Sanctions V. Direct Effect VI. Code of Conduct CHAPTER 6. PROTECTION OF MOTHERHOOD CHAPTER 7. WORKING TIME, SUNDAY REST, NIGHTWORK AND PARENTAL LEAVE §1. Working Time I. In General II. The Directive of 23 November 1993 A. The Considerans: Legitimation, Goals and Objectives B. Scope and Definitions 1. Scope 2. Definitions C. Minimum Rest Periods, Other Aspects of the Organisation of Working Time 1. Daily Rest 2. Breaks 3. Weekly Rest Period 4. Maximum Weekly Working Time 5. Annual Leave D. Night Work/Shift Work, Pattern of Work 1. Length of Night Work 2. Health Assessment and Transfer of Night Workers to Day Work 3. Guarantees for Night-Time Working 4. Notification of Regular Use of Night Workers 5. Safety and Health Protection 6. Pattern of Work E. Miscellaneous Provisions 1. More Specific Community Provisions 2. More Favourable Provisions 3. Reference Periods 4. Derogations 5. Final Provisions (Article 18) a. Date of implementation b. Maximum weekly working time c. Transitional period: annual leave d. General level of protection e. Communication of texts-reports-information III.. Working Time for Seafarers §2. Sunday Rest §3. Night Work and Equal Treatment §4. Parental Leave I. Objectives and Principles A. Objectives B. Values 1. Family Life 2. Equal Treatment C. Subsidiarity and Proportionality D. Competitiveness - SME's II. Scope III. Content A. Parental Leave 1. Notion 2. Conditions of Access and Detail 3. Protection against Dismissal - Return 4. Acquired Rights - Status of Employment 5. Social Security B. Time off from Work on Grounds of Force Majeure IV. Final Provisions A. In General B. Implementation C. Disputes abd Interpretation D. Review V. Directive of 3 June 1996: Implementation CHAPTER 8. SAFETY AND HEALTH §1. First Measures I. Euratom II. EC: Transport III. Other Actions §2. 1987: The Single European Act and Article 118A (137 TEC) I. Health and Safety in the Working Environment II. Application A. The Framework Directive of 12 June 1989 1. Scope and Definitions 2. Employer's Obligations 3. Information, Consultation and Participation of Workers 4. Miscellaneous B. The Individual Directives CHAPTER 9. EMPLOYEE PARTICIPATION IN PROFITS AND ENTERPRISE RESULTS CHAPTER 10. RESTRUCTURING OF ENTERPRISES §1. Collective Redundancies I. Definitions and Scope II. Information and Consultation of Workers' Representatives III.. The Role of the Government §2. Transfer of Undertakings, Mergers and Divisions of Public Limited Liability Companies I. Transfer of Undertakings A. Definitions and Scope B. Acquired Rights 1. Individual Rights 2. Collective Agreements 3. Social Security 4. Protection against Dismissal 5. Workers' Representation C. Information and Consultation II. Mergers and Divisions of Public Limited Liability Companies §3. Insolvency of the Employer I. Definitions and Scope II. Guaranteed Pay III. Guarantee Institutions IV. Social Security Part II. Collective Labour Law CHAPTER 1. COLLECTIVE BARGAINING 1.. The Social Dialogue I. The Beginning: 1985-1996 II. The First Annual Review of the EU-level Social Dialogue 1997 III. The Social Dialogue in some Sectors A. The European Commerce Sector B. European Agriculture C. The Footwear Sector IV. Divergent Views on the Future Role of the Social Dialogue §2. European Collective Agreements I. Introductory Remarks A. Broad and Narrow B. A Multifaceted Role C. Agreement with a Double Content 1. The Normative Part 2. The Obligatory Part D. Free Collective Bargaining: Pluralist Democracy E. Subsidiarity F. Abstention from an International (Legal) Framework G. Specific Legislation II. Parties to the Agreement . A. The European Company Agreement B. The European Industry Agreement C. The European Multi-Industry Agreement D. The European Multi-Regional Agreement III. The Competence to Conclude Collective Agreements IV. The Articles 138 and 139 TEC. Specific Legal Problems A. Implementation in Accordance with National Practice 1. Contracting Parties 2. Content of the Agreement 3. Form and Language 4. Scope 5. Binding Effect 6. Interpretation 7. Duration B. Implementation by Council Decision 1. Which Agreements? 2. Content 3. Scope 4. Binding Effect 5. Interpretation 6. Master or Slave CHAPTER 2. WORKERS' PARTICIPATION §1. Information and Consultation §2. Participation in the Public Limited Liability Companies I. The Structure of the Company A. The Two-Tier System B. The One-Tier System II. Models of Participation A. The Two-Tier System B. The One-Tier System §3. The Societas Europaea (SE) ' I. More than 30 Years of Discussion II. Models of Participation §4. Information and Consultation: The Directive on European Works Councils or Procedures I. The Genesis of the Directive - A Spirit of Cooperation A. Genesis B. A Spirit of Cooperation II. Objective and Scope of the Directive A. Objective B. Scope 1. Territorial a.The fifteen EU Member States b. The European Economic Area (15+2) c. Companies with headquarters outside the EEA 2. Personal: Which Companies? a. Numbers (1) Community-scale undertaking (2) Group of undertakings b. Central management c. Merchant navy crews III.. Definitions and Notions A. Information and Consultation B. Representation of Employees IV. Establishment of an EWC or a Procedure A. The Obligation to Negotiate in a Spirit of Cooperation B. Responsibility and Initiation of Negotiations 1. Responsibility of Central Management 2. Initiation of the Negotiation 3. One or More EWC-Procedures C. The Negotiation of the Agreement 1. Parties to the Agreement and the Special Negotiating Body a. Composition of the negotiating body b. Task of the negotiating parties 2. Refusal or Cancellation of the Negotiations 3. Experts and Costs 4. Role of the Trade Unions and of the Employers' Associations D. Nature, Binding Effect, Form and Language of the Agreement 1. Nature and Binding Effect of the Agreement 2. Form and Language of the Agreement E. Content of the Agreement 1. Scope 2. The Setting up of an EWC 3. The Setting up of a Procedure V. Prejudicial and Confidential Information. Ideological Guidance VI. Protection of Employees' Representatives VII. Compliance with the Directive - Links - Final Provisions A. Compliance with the Directive B. Links C. Final Provisions VIII. Subsidiary Requirements: A Mandatory EWC A. Composition of the EWC B. Competence 1. General Information (Annual) 2. Ad hoc Information C. Procedure D. Role of Experts E. Expenses ... F. Future Developments DC Pre-existing Agreements - In Force A. Timing, Form, Language and Format of the Agreement 1. Timing, Form and Language 2. Format: Detail or Permanent Negotiation? B. Nature, Binding Effect and Applicable Law C. Scope and Parties to the Agreement D. Content of the Agreement 1. An EWC, a Procedure or Another Mechanism 2. Competence: Information and Consultation 3. Functioning 4. Role of Experts - Expenses E. Prejudicial and Confidential Information F. Status of the Employee Representatives G. Duration of the Agreement H. Overview of Past Experience 1. The First Councils (1985-1994) } 2. Pre-directive Agreements (1994-1996) a. Countries of Headquarters-Coverage b. Parties to the Agreements c. EWC or Procedure d. Composition of the EWC e. Select Committee f. Duration of the Mandate g. Competence h. Meetings i. Experts j. Confidentiality k. Costs 1. Languages and Training m. Duration of the Agreements n. Applicable Law 3. Analysis of Pre-existing Agreements 4. The Importance of EWCs for European Industrial Relations X. Review of the Directive by the Commission §5. Proposal for a Council Directive Establishing a General Framework for" Informing and Consulting Employees in the European Community of 11 November 1998 I. Genesis of the Proposal n. Object and Principles III. Definitions and Scope IV. Information and Consultation Procedures Deriving from an Agreement V. Content of, and Procedures for, Information and Consultation VI. Confidential Information VII. Protection of Employees' Representatives VIII. Protection of Rights IX. Link with other Community and National Provisions Epilogue: In Search of Appendices Appendix 1. Community Charter on the Fundamental Social Rights of Workers (1989) Appendix 2. Cooperation Agreement betweenUNICE and UEAPME of 12 November 1998 Appendix 3. The Employment Guidelines 2000 Selected Bibliography Alphabetical List of Cited Cases of the European Court of Justice Index  |
