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At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
Precarious work is a current concern throughout Europe as a result of the proliferation of new types of employment related to the gig economy. This timely book, positioned at the intersection between European and national labour law, provides a comprehensive analysis of the legal and social policy challenges arising from this phenomenon. Since the 2008 financial crisis, there has been an increasing need to respond to the rise of precarious work and the risk it poses to the European model of secure employment and social protection, which this book thoroughly explores. Chapters first consider the theoretical foundations of the issue, before examining the key characteristics and dynamics of employment regulation in Europe related to precarious work, as well as surveying recent judicial decisions. The book demonstrates the potential for improved labour regulation and case law to address the situation both at EU and national level. Precarious Work will prove invaluable to law, politics, sociology and anthropology scholars with an interest in the phenomenon of precarious labour. Lawyers, policymakers and other practitioners working in this area will also find this book a useful resource.
At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
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