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Anti-discrimination cases decided by the Court of Justice of the EU in 2023 European Labour Law Journal (IF 1.1) Pub Date : 2024-09-14 Adrijana Martinović
This case law update summarises the cases decided by the Court of Justice of the EU in 2023 in the field of EU anti-discrimination law.
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Work in prison: Reintegration or exclusion and exploitation? European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Virginia Mantouvalou
Work opportunities in prison can be valuable for the incarcerated. However, prison labour presents significant challenges because of its location behind prison walls away from the public eye, where prison authorities exercise unprecedented power over individuals. Even though work is not part of prisoners’ punishment in Europe, it is often compulsory. What is also striking is that in many legal orders
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Resocialisation through prisoner remuneration: The unconstitutionally low remuneration of working prisoners in Germany European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Miriam Azinović
In Germany, prisoners are obliged to work during their imprisonment in most federal states. However, prisoners currently receive very little remuneration for this work. For two decades, this remuneration has stagnated at a low level or even decreased in some federal states. In a landmark ruling on 20 June 2023, Germany's highest court, the Bundesverfassungsgericht (BVerfG, Germany's Federal Constitutional
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Beyond profit: A model framework for ethical and feasible private prison labour European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Mario Guido
In response to increased interest from states and companies as well as momentum on the issue of private prison labour in the past few decades, this article offers a comprehensive model framework aimed at reconciling profit-driven objectives with prisoner rehabilitation. The article addresses the debate surrounding prison labour for private for-profit entities and proposes a model that attempts to remedy
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Minding the gap? Blind spots in the ILO's and the EU's perspective on anti-forced labour policy European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Faina Milman-Sivan, Yair Sagy
This article critically examines the EU's recent proposal to ban products made with forced labour from its market, which adopts the ILO's definition of ‘forced labour’ as outlined in the Forced Labour Convention of 1930 (No. 29). The authors argue that the EU's endorsement of the ILO's approach is problematic due to two flawed assumptions: (1) the definition of ‘forced labour’ is universally accepted
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Intellectual property rights behind bars European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Frantzeska Papadopoulou Skarp
This article investigates the conditions under which intellectual property rights are created in prison as well as the possibilities inmates are given to exercise these rights. The article adopts a predominantly Swedish perspective, while it also refers to illustrative examples of cases of creative works created behind bars in US prisons. The two penitentiary systems differ considerably, but there
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Work like any other but like no other: Labour rights for working prisoners in Sweden European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Petra Herzfeld Olsson
In Sweden there is no minimum wage legislation. Wages for 88% of workers are governed by collective agreement, and for the remainder, they are set by individual employment contracts. The lowest wage levels in collective agreements for adults were about SEK 19,000 in 2022, and the median wage was about SEK 34,200, which corresponds to SEK 119 and SEK 214 per hour, respectively. Wages not set by collective
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The right to fair pay and two paradigms of prison work European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Hugh Collins
Is the low level of wages paid to prisoners for their work morally wrong and contrary to the human right to fair pay? This article contrasts two paradigms of prison work, one in which it is an ordinary market transaction to which normal employment rights should apply, with the rival and dominant paradigm that prisoners do not have contracts for the performance of work and sums paid to them are not
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‘Voluntary’ prison labour in the Netherlands European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Hadassa Noorda
As of 2021, work in prisons in the Netherlands is voluntary, at least to some extent. In this article, I examine the protection of working prisoners’ labour rights after the shift to a voluntary work scheme for prisoners in the Netherlands. Work in Dutch prisons may be freely chosen to some extent, but the Dutch scheme for work in prison raises questions about offenders’ rehabilitation. Having work
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Labour as a component of carceral circuitry: The case of asylum seekers European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Katie Bales
Building upon insights from carceral geography, this article conceptualises the ‘carceral’ as permeating beyond the prison walls to other areas of life through law and policymaking that confines and incarcerates without necessarily ‘imprisoning’. 1 Utilising the case study of asylum applicants in the UK, this article traces the role of ‘work’ as a component of carceral circuitry which enmeshes asylum
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The labour and social security rights of captive workers: Introduction European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Virginia Mantouvalou
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Prison labour as punishment European Labour Law Journal (IF 1.1) Pub Date : 2024-09-10 Rory Kelly
Mandatory prison labour is not classed as part of the offender's punishment. The sentence is the years to be served in prison and on licence in the community. I argue that there is reason for reclassifying or reforming the current regime of prison labour in England and Wales. The argument for reclassification draws analogy to the place of labour in community orders and suspended sentences. If there
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Labour, the Environment and International and European Law: One journey or worlds apart? European Labour Law Journal (IF 1.1) Pub Date : 2024-09-02 M.A.N. Van Schadewijk
The transition to an environmentally sustainable economy raises Herculean challenges for labour law. From a labour law perspective, perhaps the biggest question is the extent to which the environment is an interest that is and should be recognised and protected by labour law. Although the answer to this question is different for each national legal system, the influence of international and European
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Book Review: Employment Law and the European Convention on Human Rights – The Research of the Recent Jurisprudence of the ECtHR Related to Employment Law (2017–2021), Bulletin of Comparative Labour Relations by Elena Sychenko & Adalberto Perulli European Labour Law Journal (IF 1.1) Pub Date : 2024-08-09 Achim Seifert
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Headscarf bans in the public workplace before the Court of Justice: OP v. Commune d’Ans or the Art of Ambiguity European Labour Law Journal (IF 1.1) Pub Date : 2024-06-20 Julie Ringelheim
OP v Commune d'Ans, handed down on 28 November 2023, is the fifth judgment issued by the Court of Justice of the European Union on a ban on the wearing of religious symbols in employment, but the first to concern a public workplace. This article argues that the judgment does not help clarify the issue. It is ambiguous and provides only vague guidance to national courts. Two aspects of its reasoning
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The Directive (EU) 2022/2041 on adequate minimum wages in the European Union: Much ado about nothing in Sweden? European Labour Law Journal (IF 1.1) Pub Date : 2024-05-25 Niklas Selberg, Erik Sjödin
The EU Directive 2022/2041 on adequate minimum wages has been welcomed by many stakeholders, but Sweden (together with Denmark), with its historically good track record regarding labour rights, is opposing it on both political and legal grounds. The Directive, the Swedish Government argues, will not fulfil its goals, and concerns, in any instance, matters that are excluded from the competence of the
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Effective enforcement of the EU framework on the posting of workers: Empirical evidence European Labour Law Journal (IF 1.1) Pub Date : 2024-05-23 Marta Lasek-Markey
This article addresses the issue of effective enforcement of EU labour law by looking at the case study of the enforcement of the EU framework on the posting of workers. While recent years have seen a revival of Social Europe in the form of the European Pillar of Social Rights, scholars have also expressed concern over the effectiveness in practice of transnational labour law, and EU labour law in
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A commentary on the Council Recommendation on strengthening social dialogue in the European Union European Labour Law Journal (IF 1.1) Pub Date : 2024-05-22 Anna Kwiatkiewicz
The 2023 Council Recommendation on strengthening social dialogue in the European Union is a very special document. It brings social dialogue into the spotlight, while respecting national social dialogue practices. Employers believe that the right balance was struck and perceive the Recommendation as a useful instrument in promoting social dialogue and strengthening capacity of social partners both
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EU social dialogue revitalisation: Between rhetoric, new rights, political commitments and historical caution European Labour Law Journal (IF 1.1) Pub Date : 2024-05-20 Silvia Rainone
The Council Recommendation on strengthening social dialogue is a positive recognition of the key role of social dialogue in the EU's social market economy. At the same time, episodes of institutional disfavour of the social partners’ co-determination role and resistance to robust sectoral collective bargaining warrant a cautious assessment. This article looks at the current state of EU social dialogue
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Unvaccinated employees during Covid-19 emergency: Debating the Italian labour court referral European Labour Law Journal (IF 1.1) Pub Date : 2024-05-20 Silvio Sonnati
This contribution examines the inadmissibility of a preliminary reference order submitted by the Court of Padua, Italy to the Court of Justice of the European Union (CJEU). The case involved the suspension of a worker, who, while legally obliged, declined to have the Covid-19 vaccine. The Italian court temporarily halted proceedings initiated by the worker's appeal. The author provides a comprehensive
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Voluntary work in Europe: Introduction to this special issue European Labour Law Journal (IF 1.1) Pub Date : 2024-05-16 Christina Hiessl
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Cross-border telework and the applicable labour law: The role of different connecting factors in determining objectively applicable law European Labour Law Journal (IF 1.1) Pub Date : 2024-05-16 Annika Rosin
In the case of cross-border employment, the applicable law is determined mainly according to habitual place of work. If this factor cannot be clarified, the engaging place of business of the employer determines the applicable law. Both factors can be set aside if the relationship is more closely connected to some other country.Telework is performed outside the employers’ premises, and the determination
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Protection of shop stewards in transfers of undertakings: Danish supreme court ruling of 30 january 2024: Transfer of undertakings directive article 6; Danish transfer of undertakings act section 4 European Labour Law Journal (IF 1.1) Pub Date : 2024-04-22 Natalie Videbaek Munkholm
A new ruling from the Danish Supreme Court gives perspective to Article 6 of Directive 2001/23/EC (ToU Directive). The ruling concerns the criteria for the continued function and protection of employee representatives under section 4(1) and (2) of the Danish ToU Act and Article 6(1) and (2) of the ToU Directive. At EU level, there is very little case law concerning Article 6 of the ToU Directive. One
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The working conditions of non-professional magistrates and the European concept of ‘worker’ European Labour Law Journal (IF 1.1) Pub Date : 2024-04-08 Emiliano Maran
This article provides an overview of the legislation on the status and working conditions of the different categories of non-professional magistrates, as utilised by the judiciary administration of European Member States. In this regard, a distinction is made between ‘lay judges’, non-professional judges cooperating in a judicial process on the basis of their perspective as normal citizens, and ‘honorary
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Not Delivering: the UK ‘worker’ concept before the UK Supreme Court in Deliveroo - IWGB v CAC and another [2023] UKSC 43 European Labour Law Journal (IF 1.1) Pub Date : 2024-04-08 Nicola Kountouris
The present article offers an analysis of some key aspects of the UK Supreme Court (SC) Deliveroo judgment. After a short description of some of the facts and findings of the case, the article argues that the Supreme Court may have actually misconstrued the personal scope of application of Article 11 ECHR and, like the other domestic jurisdictions before, misapplied the law (and the concept of ‘employment
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Before, after and beyond the Matzak case: Overview of the Belgian jurisprudence European Labour Law Journal (IF 1.1) Pub Date : 2024-04-05 Sara Huybrechts
The Matzak case, a landmark ruling by the Court of Justice of the European Union (CJEU), challenged traditional understandings of working time and rest periods, particularly for volunteer firefighters in Belgium. Despite earlier cases before Belgian courts, the Matzak decision brought significant shifts in jurisprudence, influencing how volunteers were categorised and how stand-by time was interpreted
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Perspectives on Social Dialogue European Labour Law Journal (IF 1.1) Pub Date : 2024-04-03 Christina Hiessl
Perspectives on social dialogue.
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The legal classification of volunteers: A cross-European case law comparison European Labour Law Journal (IF 1.1) Pub Date : 2024-04-01 Christina Hiessl
This contribution provides a structural analysis of the case law of national courts in the EU, EEA and UK confronted with questions on the classification of volunteers. It explores the criteria and rationales used by courts to decide whether workers hired as volunteers should be reclassified as employees. These are put into perspective by reference to more recent evolutions of court approaches to employee
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Under what conditions do volunteers escape being qualified as workers? European Labour Law Journal (IF 1.1) Pub Date : 2024-04-01 Martin Gruber-Risak, Sascha Obrecht
This contribution looks at the status of volunteers in EU labour law taking into account the criteria of the CJEU's Lawrie-Blum formula. It demonstrates, in light of the jurisprudence of the Court, that some criteria may be problematic and that a purposive approach may provide adequate solutions.
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Voluntary work in the Italian experience: the curious case of ‘socially useful workers’ European Labour Law Journal (IF 1.1) Pub Date : 2024-04-01 Luca Ratti
The demarcation of the personal scope of application of EU labour law results from the interplay between national legislation and the CJEU case law. This article analyses the particular case of socially useful workers in the Italian legal system and questions its compliance with EU law. It does so by exploring an intricate legal framework and the relevant interpretation by domestic and European adjudicators
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Social conditionality: An adequate legal response to challenges faced by agricultural workers in the EU, or an example of redwashing within the Common Agricultural Policy? European Labour Law Journal (IF 1.1) Pub Date : 2024-03-28 Thomas Bangsgaard Lyngs
This article provides a doctrinal legal analysis of the ‘social conditionality’ mechanism introduced in the latest reform of the EU's Common Agricultural Policy (CAP). Building on that analysis, the article proceeds to assess the likelihood of social conditionality improving the conditions of agricultural workers in the EU, thereby achieving the objectives set out for it by the EU legislator. The article
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A first step to clarity: Review of ECJ judgment of 19 October 2023, C-660/20(MK vs Lufthansa CityLine GmbH), ECLI:EU:C:2023:789 European Labour Law Journal (IF 1.1) Pub Date : 2024-03-27 Eva Kocher
This article finds that the ECJ, in its judgment of 19 October 2023 (C-660/20), has succeeded in achieving a good degree of legal clarity by stating that difference in treatment of part-time workers can be established on the basis of a comparison of individual components of the remuneration. It calls on the ECJ to avoid treating a formal assessment as a decisive issue, and highlights the substantive
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Cross-border workers - navigating the challenges of social security coordination rules in the era of telework in the European Union European Labour Law Journal (IF 1.1) Pub Date : 2024-03-25 Fenicia Aceto
In 1 2020, there were 1.7 million cross-border workers in the European Union, creating difficulties in determining the applicable legislation for social security matters. The reason for this complexity is that even in cross-border activities, the legislation of only one Member State is applicable according to the Coordination Regulation 883/2004. This article examines the evolving landscape of social
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Algorithmic management of platform workers: An examination of the Canadian and European approaches to regulation European Labour Law Journal (IF 1.1) Pub Date : 2024-03-22 Fife Ogunde
Algorithmic management, though less attention-grabbing than total job automation, is expected to become even more influential and powerful over time. The realities of algorithmic management have gained increasing scholarly attention over the last decade, particularly in the context of employment relationships in the platform economy. This article contributes to existing scholarship by comparing two
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Labour standards in global garment supply chains and the proposed EU corporate sustainability due diligence directive European Labour Law Journal (IF 1.1) Pub Date : 2024-03-21 Samantha Velluti
Growing concerns over labour standards and workers’ rights in global supply chains (GSCs) have led many companies to adopt codes of conduct (CoCs) as part of increasing attempts to self-regulate through Corporate Social Responsibility (CSR) instruments to promote international labour standards in suppliers’ factories. However, improvements in labour standards and the level of protection of workers’
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The ‘overall protection’ of temporary agency workers, the role of social partners, and the case of Denmark European Labour Law Journal (IF 1.1) Pub Date : 2024-02-27 Natalie Videbæk Munkholm
The article analyses the CJEU ruling C-311/21 TimePartner, where the Court interpreted the option provided in the Temporary Agency Work Directive for social partners to derogate from the principle of equal treatment. The CJEU concluded that the term ‘while respecting the overall protection of temporary agency workers’ is a criterion for using the option to derogate, and that a derogating collective
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The contribution of the CJEU to the notion of habitual workplace in the field of international transport European Labour Law Journal (IF 1.1) Pub Date : 2024-02-26 Michael Wilderspin
The notion of the place (or country) in or from which the employee habitually carries out his or her work in performance of the contract of employment plays an important role in determining the allocation of international jurisdiction and the law applicable to the employment contract in the case of international transport. The CJEU has interpreted the notion of ‘where, or from where, the employee habitually
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Broad application of the training cost rule in the netherlands European Labour Law Journal (IF 1.1) Pub Date : 2024-02-24 Gerrard C. Boot
A Dutch court has interpreted the national implementation of Art. 13 of the Directive on Transparent and Predictable Working Conditions, finding in favour of a high level of protection of workers against employers’ claims for training cost compensation.
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The Role of the Social Partners and the ‘Overall protection of temporary agency workers’: The ECJ decision in the TimePartner case and the legal and actual situation in Germany European Labour Law Journal (IF 1.1) Pub Date : 2024-02-20 Daniel Ulber
This article critically examines the European Court of Justice's (ECJ) decision in the TimePartner case and its implications for labour market integration in the context of temporary agency work. The author supports the ECJ's position on the rule-exception relationship within Directive 2008/104/EC, emphasising equal treatment for temporary agency workers. The analysis explores the alignment between
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Possible Avenues for a More Effective Temporary Agency Work Directive European Labour Law Journal (IF 1.1) Pub Date : 2024-02-15 Nuna Zekić
Fifteen years after the enactment of the EU Directive 2008/104/EC on temporary agency work (TAWD) there are still considerable differences in the use of temporary agency work and in the legal situation, status, and working conditions of temporary agency workers within the European Union, even though these differences were one of the reasons for enacting the TAWD. This article evaluates whether the
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The Working Conditions of Cross-border Temporary Agency Workers on Paper and in Reality European Labour Law Journal (IF 1.1) Pub Date : 2024-02-14 Mijke Houwerzijl
1 This contribution focuses on the legal position and working conditions of cross-border temporary agency workers. In the context of the relationship between the free movement of workers and the freedom to provide services, the applicability of the Temporary Agency Work Directive (TAWD) and/or of the (revised) Posting of Workers Directive (PWD) to several different arrangements for cross-border temporary
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The ‘Temporariness’ of Temporary Agency Work Assignments European Labour Law Journal (IF 1.1) Pub Date : 2024-02-12 Miriam Kullmann
To prevent the misuse of the equal treatment principle and successive assignments designed to circumvent the TAW Directive's provisions, Member States have to take appropriate measures in accordance with national law and/or practice (Art. 5(5)). One such measure, as mentioned but not further defined by the TAW Directive itself (Art. 3(1)(b) to (e)), involves limiting the duration of assignments. Not
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The Conundrum of the Habitual Workplace: In search of access to justice for transport workers in the European Union European Labour Law Journal (IF 1.1) Pub Date : 2024-02-02 Laura Carballo Piñeiro
EU private international law regulations are articulated around the ‘habitual place of work’ factor, which does not fit well with the fact that not only are these workers mobile, but their place of work is also mobile. This article critically examines the proxy to this concept developed by the Court of Justice to provide transport workers with access to justice. There are some caveats to the chosen
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Private international law regulation of individual employment relationships within the european union European Labour Law Journal (IF 1.1) Pub Date : 2024-01-31 Uglješa Grušić
This article is a revised version of a concept paper written for the European Commission on the private international law regulation of individual employment relationships within the EU. It aims to assess the regulation of such relationships from the perspective of European private international law and indicate potential avenues for reform.
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Industrial action in private international Law European Labour Law Journal (IF 1.1) Pub Date : 2024-01-24 Aukje A. H. van Hoek
This contribution deals with both jurisdiction and applicable law with regard to cross-border collective actions in labour law. It demonstrates that the European conflicts rule embodied in Article 9 of the Rome II Regulation is open to diverging interpretations. This can, to a large extent, be explained by the very diverse legal characterisation of industrial action in the national systems of the EU
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Flying around social security European Labour Law Journal (IF 1.1) Pub Date : 2024-01-11 Federico Pisani, David Mangan
INAIL and INPS is a decision about social security and insurance contributions. The case was brought against Ryanair, alleging that contributions were owed to the relevant Italian authorities where the documentation (an E101 certificate, now an A1 form) had not been properly completed by the employing airline. Aircrew personnel were employed under Irish employment contracts, but resided in Italy. Other
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Is it possible to ‘legally desegregate’ sheltered employment? General Comment No. 8 of the Committee on the Rights of Persons with Disabilities and the Benelux Countries European Labour Law Journal (IF 1.1) Pub Date : 2024-01-09 Mathias Wouters
In 2022, the UN Committee on the Rights of Persons with Disabilities issued General Comment No. 8 on the right of persons with disabilities to work and employment. The general comment most notably recommends States parties to expeditiously phase out segregated employment, including sheltered workshops. After covering the contents of the general comment on this issue in Section I, this contribution
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Algorithmic management: Assessing the impacts of AI at work European Labour Law Journal (IF 1.1) Pub Date : 2023-05-10 Aislinn Kelly-Lyth, Anna Thomas
Algorithmic outputs are increasingly shaping the employee experience, presenting a host of risks and impacts with far-reaching consequences. This contribution considers how algorithmic impact asses...
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From access to understanding: Collective data governance for workers European Labour Law Journal (IF 1.1) Pub Date : 2023-05-08 Dan Calacci, Jake Stein
Regulating data collection and use in the workplace is now more a matter of regulating working conditions than data protection. This article argues that existing data protection law fails workers f...
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Collective regulation of algorithmic management European Labour Law Journal (IF 1.1) Pub Date : 2023-05-03 Zoe Adams, Johanna Wenckebach
This article sets out the case for co-determination in the context of work, with a particular emphasis on why this is mandated in relation to algorithmically managed work and workplaces in particul...
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Fortifying the algorithmic management provisions in the proposed Platform Work Directive European Labour Law Journal (IF 1.1) Pub Date : 2023-04-24 Michael Veale, M Six Silberman, Reuben Binns
The European Commission proposed a Directive on Platform Work at the end of 2021. While much attention has been placed on its effort to address misclassification of the employed as self-employed, i...
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Between risk mitigation and labour rights enforcement: Assessing the transatlantic race to govern AI-driven decision-making through a comparative lens European Labour Law Journal (IF 1.1) Pub Date : 2023-04-26 Antonio Aloisi, Valerio De Stefano
In this article, we provide an overview of efforts to regulate the various phases of the artificial intelligence (AI) life cycle. In doing so, we examine whether—and, if so, to what extent—highly f...
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Making algorithmic management safe and healthy for workers: Addressing psychosocial risks in new legal provisions European Labour Law Journal (IF 1.1) Pub Date : 2023-04-24 Aude Cefaliello, Phoebe V Moore, Robert Donoghue
The increasing deployment of algorithmic management in the workplace poses significant occupational safety and health risks for workers. In this article, we argue that existing and proposed EU regu...
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Regulating algorithmic management: A blueprint European Labour Law Journal (IF 1.1) Pub Date : 2023-04-20 Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Michael ‘Six’ Silberman, Sangh Rakshita
The promise—and perils—of algorithmic management are increasingly recognised in the literature. How should regulators respond to the automation of the full range of traditional employer functions, ...
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Regulating algorithmic management European Labour Law Journal (IF 1.1) Pub Date : 2023-04-17 Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Sangh Rakshita, M Six Silberman
This special issue of the European Labour Law Journal, edited by Jeremias Adams-Prassl, Halefom Abraha, Aislinn Kelly-Lyth, Sangh Rakshita and M Six Silberman, explores the regulation of Algorithmi...
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The employment status of the sportsperson: The Belgian case European Labour Law Journal (IF 1.1) Pub Date : 2023-04-16 Frea De Keyzer
For many athletes, sport will always be seen as their greatest passion, but in addition, for some, sport has also become an economic activity, an activity through which one can earn income. Both pr...
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Regulating algorithmic employment decisions through data protection law European Labour Law Journal (IF 1.1) Pub Date : 2023-04-02 Halefom Abraha
The regulation of algorithmic management falls under the purview of multiple legal domains including but not limited to labour law, non-discrimination law and data protection law. While labour law ...
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Algorithmic discrimination at work European Labour Law Journal (IF 1.1) Pub Date : 2023-04-02 Aislinn Kelly-Lyth
The potential for algorithms to discriminate is now well-documented, and algorithmic management tools are no exception. Scholars have been quick to point to gaps in the equality law framework, but ...
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There and gone again? Migration to and posting of third-country nationals from Slovenia and Poland European Labour Law Journal (IF 1.1) Pub Date : 2023-03-30 Sonila Danaj, Mojca Vah Jevšnik, Marcin Kiełbasa, Monika Szaraniec
Drawing on research conducted in the framework of the POSTING.STAT project for Slovenia and Poland, this article contributes to the literature on the posting of third-country nationals (TCNs) withi...