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During the past few decades, industrialized countries have
witnessed a progressive crisis of the regulatory framework
sustaining the binary model of the employment relationship based on
the subordinate employment/autonomous self-employment dichotomy.
New atypical and hybrid working arrangements have emerged,
challenging the traditional notions of, and divisions between,
autonomy and subordination. This in turn has strained labour law
systems across industrialized countries that were previously based
on the notion of dependent and subordinate employment to cast their
personal scope of application. Nicola Countouris advances ideas for
a new dynamic equilibrium in employment law to accommodate this
evolution, providing a comparative account of the development of
the employment relationship in four key European countries - the
UK, Germany, France and Italy.
This volume of essays casts light on the shape and future direction
of the EU in the wake of the Lisbon Treaty and highlights the
incomplete nature of the reforms. Contributors analyse some of the
most innovative and most controversial aspects of the Treaty, such
as the role and nature of the EU Charter of Fundamental Rights and
the relationship between the EU and the European Court of Human
Rights. In addition, they reflect on the ongoing economic and
financial crisis in the Euro area, which has forced the EU Member
States to re-open negotiations and update a number of aspects of
the Lisbon 'settlement'. Together, the essays provide a variety of
insights into some of the most crucial innovations introduced by
the Lisbon Treaty and in the context of the adoption of the new
European Financial Stability Mechanism.
During the past few decades, industrialized countries have
witnessed a progressive crisis of the regulatory framework
sustaining the binary model of the employment relationship based on
the subordinate employment/autonomous self-employment dichotomy.
New atypical and hybrid working arrangements have emerged,
challenging the traditional notions of, and divisions between,
autonomy and subordination. This in turn has strained labour law
systems across industrialized countries that were previously based
on the notion of dependent and subordinate employment to cast their
personal scope of application. Nicola Countouris advances ideas for
a new dynamic equilibrium in employment law to accommodate this
evolution, providing a comparative account of the development of
the employment relationship in four key European countries - the
UK, Germany, France and Italy.
The contract of employment is the central legal institution of
modern English employment law. It provides the foundation upon
which most statutory employment rights are constructed; it provides
a conduit for the implementation of norms negotiated in collective
bargaining; and it continues to provide a contractual structure for
the terms and conditions of employment for a significant proportion
of the working population. The Contract of Employment provides the
most ambitious and comprehensive treatise on the theoretical and
doctrinal aspects of the English contract of employment in the
common law world. Under the general editorship of Professor Mark
Freedland, the text has been produced by a team of world leading
experts in employment law. Part I examines the theoretical context
to the contract of employment, studying its structure and
development from a wide variety of theoretical and comparative
perspectives. Part II provides an exposition and analysis of the
doctrinal aspects of the contract of employment. The coverage of
The Contract of Employment is unrivalled in its depth, detail and
sophistication. The legal analysis is always informed by a keen
sense of the modern labour market context of the contract of
employment, and it is sensitive to contemporary challenges such as
precariousness, the interaction with migration law, the role of
legislation in the contract of employment, and the decline of
collective bargaining. It will be the principal reference point for
the practitioners, judges, and academics concerned with the
contract of employment as a legal category, both nationally and
internationally.
Terms such as 'Social Europe' and 'European Social Model' have long
resided in the political and regulatory lexicon of European
integration. But in recent years, and in spite of the adoption of
the Charter of Fundamental Rights, the EU social profile has
entered a profound period of crisis. The ECJ judgments of Viking
and Laval exemplify the unresolved tension between the EU's strong
market imperatives and its fragile social aspirations while the
ongoing economic crisis, while the various 'bail out' packages are
producing a constant retrenchment of social rights. The status quo
is one in which workers appear to shoulder most of the risks
attendant on making and executing arrangements for the doing of
work. Chapters in this book advocate a reversal of this trend in
favour of fair mutualization, so as to disperse these risks and
share them more equitably between employers, the state, and society
at large.
This volume of essays casts light on the shape and future direction
of the EU in the wake of the Lisbon Treaty and highlights the
incomplete nature of the reforms. Contributors analyse some of the
most innovative and most controversial aspects of the Treaty, such
as the role and nature of the EU Charter of Fundamental Rights and
the relationship between the EU and the European Court of Human
Rights. In addition, they reflect on the ongoing economic and
financial crisis in the Euro area, which has forced the EU Member
States to re-open negotiations and update a number of aspects of
the Lisbon 'settlement'. Together, the essays provide a variety of
insights into some of the most crucial innovations introduced by
the Lisbon Treaty and in the context of the adoption of the new
European Financial Stability Mechanism.
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