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This book examines the concept of the single employment contract,
tracing it from its genesis and evaluating its pros and cons in the
context of the current labour market problems in selected European
countries. The book adopts a comparative approach to examining the
single employment contract, highlighting its virtues and revealing
its inherent contradictions. The authors set out the general
framework within which the current debate has developed by
outlining the origins that gave rise to the proposal of a single
employment contract. They then review the debate on labour market
segmentation and the flexicurity proposal, and examine the key
characteristics of the single employment contract as well as the
arguments put forward both for and against it. Case studies show
how the idea has been taken up in France, Italy and Spain. The book
concludes with a concise review of contractual arrangements in EU
labour markets and of possible future projections and developments.
The book is aimed at academics and practitioners interested in
labour market and labour legislation reforms. The book is a
co-publication between Hart Publishing and the International Labour
Organization.
The issue of who is or is not in an employment relationship has
become problematic in recent decades as a result of major changes
in work organization as well as in the adequacy of legal regulation
in adapting to such changes. In different parts of the world there
is increasing difficulty in establishing whether or not an
employment relationship exists in situations where the respective
rights and obligations of the parties concerned are not clear,
where there has been an attempt to disguise the employment
relationship, or where inadequacies or gaps exist in the legal
framework or in its interpretation or application. Vulnerable
workers appear to suffer most in these situations. At the same
time, social partners and labour administrators have emphasized
that globalization has increased the need for protection against
circumvention of national labour legislation by contractual and/or
other legal arrangements. The employment relationship is under
ever-closer scrutiny, not only by labour lawyers, but also by
workers, employers and the judiciary. Changes in the world of work
have modified traditional notions of the employment relationship.
These changes in the 'standard employment relationship' shape the
scope of protection and application of labour legislation and
automatically affect the way labour law is implemented. This book
presents the ways the scope of labour legislation applies to the
realm of the employment relationship. Terms, notions, definitions,
laws and practice in the various regions of the world are herein
reported.
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