The basic idea for creating the European Union is the Internal Market where free movement of people, capital, services and goods is established. The creation of the Internal Market is the central raison d’etre of the EU existence. The freedom of movement of people is one of the four freedoms of the Internal Market. The right to move is the basic right of the European citizens. The realization of this freedom was harder than practicing the free movement of capital, services and goods. Therefore, the European Union is still taking subsequent actions for realization of the freedom of
movement of people. At the beginning, the freedom of movement of people was available just for the working population, but latter on the freedom of movement included all the categories of citizens, students, retired people and people who are not economically active.
Throughout the years European Union makes efforts to change the approach towards the third country nationals, especially the working population as one of the conditions for fulfillment of the Lisbon Strategy goals. The European Union adopted important primary, secondary law and case law of the European Court of Justice such as the Association Agreements regulating the freedom of movement of third country workers. These Association Agreements with Third
Countries provide articles for free movement of third country workers in the European Union and vice versa. For a long time, the Association Agreements are the basic law regulating the freedom of movement of third country workers. The European Court of Justice played important role in interpreting the articles for freedom of movement of workers and giving direct effect in the national laws of the Member States.
In the last two years European Union has adopted secondary law for improving the status of third country workers especially for highly qualified workers. The entrance of highly qualified workers in the Member States is important for realization of the economic growth and development, such as decreasing the unemployment rate.
Table of Contents
CHAPTER ONE
FREEDOM OF MOVEMENT OF WORKERS IN EUROPEAN UNION
1. INTRODUCTION
2. FREEDOM OF MOVEMENT OF WORKERS
2.1 Direct effect of article 39 TEC
2.2 Rights of migrant workers
3. ASSOCIATION AGREEMENTS
3.1. Association Agreement with Turkey-background
3.2 The role of the European Court of Justice in interpreting the Agreement with Turkey
3.3 The right of family reunification of Turkish workers
4. TRANSITIONAL AGREEMENTS
4.1 Definition and scope
4.2 Previous experience
5. POSTING OF WORKERS REGULATION
5.1 EU posting of workers
5.2 Rulings of the European Court of Justice
CHAPTER TWO
2. EQUAL PAY RULES IN EU LAW
2.1 Introduction
2.2 Indirect discrimination based on gender
2.3 Objective justification in cases of indirect discrimination
2.4 Positive actions in the EU legislation
2.5 Harassment Definitions
2.6 EU Labour Law and Disability Policy
CHAPTER THREE
3. INTERNATIONAL LABOR ORGANIZATION
3.1 BACKGROUND
3.2 STRUCTURE
3.3 ACTIVITIES
Objectives and Research Themes
The work explores the evolution and current legal framework of international labor law, with a primary focus on the European Union's regulations regarding the free movement of workers, equal pay, and the protection of workers against discrimination and harassment. It addresses how European Court of Justice rulings and EU directives shape the employment landscape for both EU citizens and third-country nationals.
- Legal aspects of the free movement of workers within the EU.
- The impact of Association Agreements on third-country workers.
- Mechanisms of equal pay and the prevention of gender-based discrimination.
- Regulatory frameworks concerning the posting of workers across member states.
- The role and activities of the International Labor Organization (ILO).
Auszug aus dem Buch
2.1 Introduction
The realization of the equal pay for equal work is the first legal article regulating the gender equality in the European Union. In the beginning of the implementation of the article it was not clear what was covered by the article regarding the equal work or work of equal value. When the Amsterdam Treaty was adopted the article 119 was amended so the work of equal value was also covered by the Treaty.
The principle of equal pay guarantees that the payment for the work performed is not discriminatory based on gender. The EU Member States were obligated to implement the equal pay rules regarding the payment for equal work or work of equal value. The implementation of the equal pay rules is obligatory for the public institutions but also applies to the contracts signed between private parties in the Member States. Each Member State shall during the first stage ensure and subsequently maintain the application of the principle that men and women should receive equal pay for equal work. The payment under article 119 covers regular wages or salary or other basic or minimum wage or salary and any other consideration, whether in cash or kind which the worker receives directly or indirectly, on the basis of employment from his employer.
The article 119 of the Treaty has double aim. First, the aim of article 119 is to avoid a situation in which undertakings established in states which have actually implemented the principle of equal pay suffer a competitive disadvantage in intra community competition compared with undertakings which have not yet eliminated discrimination against women workers. Second, this provision is a part of the social objectives of the European Community, which is not only seen as economic union, but at the same time intends to ensure social progress and improvement of the living and working condition as emphasized in the Preamble of the Treaty.
Summary of Chapters
1. INTRODUCTION: Outlines the origins of the EU Internal Market and the foundational role of the freedom of movement for workers as a core right for European citizens.
2. FREEDOM OF MOVEMENT OF WORKERS: Analyzes the direct effect of Article 39 TEC, the rights of migrant workers, and the importance of ECJ case law in defining the term "worker."
3. ASSOCIATION AGREEMENTS: Examines the legal status of workers from third countries, particularly Turkey, and the role of the Association Council and the European Court of Justice.
4. TRANSITIONAL AGREEMENTS: Discusses the mechanisms and limitations imposed on the free movement of workers from new Member States following EU enlargement.
5. POSTING OF WORKERS REGULATION: Explores the rules and directives designed to protect the rights of employees posted to work in other Member States while avoiding social dumping.
2. EQUAL PAY RULES IN EU LAW: Details the legal principles of equal pay for equal work, focusing on gender discrimination, objective justification, and the impact of ECJ rulings.
2.1 Introduction: Provides historical context for the implementation of the equal pay principle within European Union law.
2.2 Indirect discrimination based on gender: Defines and differentiates between direct and indirect discrimination in the workplace.
2.3 Objective justification in cases of indirect discrimination: Discusses the conditions under which practices that disparately impact a specific gender may be legally justified.
2.4 Positive actions in the EU legislation: Explores legislative frameworks that allow for measures aimed at achieving equality in practice.
2.5 Harassment Definitions: Covers the legal evolution and definitions of harassment and sexual harassment within the EU workplace.
2.6 EU Labour Law and Disability Policy: Examines the EU's integration of disability rights into labor and anti-discrimination law.
3. INTERNATIONAL LABOR ORGANIZATION: Provides an overview of the history, structure, and standard-setting activities of the ILO.
3.1 BACKGROUND: Outlines the founding of the ILO and its fundamental objective of achieving universal peace through social justice.
3.2 STRUCTURE: Describes the principal organs of the ILO, including the International Labor Conference and the Governing Body.
3.3 ACTIVITIES: Discusses the formulation of international labor standards, conventions, and recommendations for member countries.
Keywords
International Labor Law, European Union, Freedom of Movement, Equal Pay, Gender Discrimination, Indirect Discrimination, Association Agreements, Posted Workers, Harassment, Sexual Harassment, Disability Policy, International Labor Organization, ILO Conventions, Labor Market, Social Justice.
Frequently Asked Questions
What is the fundamental scope of this work?
The book provides a comprehensive analysis of international labor law, focusing specifically on European Union regulations, directives, and relevant case law from the European Court of Justice regarding worker rights and equality.
What are the central thematic fields covered?
The central themes include the free movement of workers, the regulation of posting workers across EU borders, equal pay principles, anti-discrimination measures, and the institutional structure of the International Labor Organization.
What is the primary objective of the research?
The primary objective is to evaluate how EU primary and secondary law, along with ECJ jurisprudence, establishes a framework for labor rights, gender equality, and the integration of diverse worker categories into the Internal Market.
Which scientific methods are primarily utilized?
The work employs a legal-analytical method, examining primary legislation (Treaties, Directives) and secondary case law from the European Court of Justice to interpret the practical application of labor standards.
What is covered in the main body of the text?
The main body covers the legal evolution of the freedom of movement for workers, the specific legal status of workers under various Association Agreements, the regulation of equal pay for equal work, the evolution of harassment definitions, and the historical development and mandate of the ILO.
Which keywords best characterize this publication?
Key terms include European Labor Law, Free Movement, Gender Equality, Indirect Discrimination, Posted Workers Directive, and International Labor Organization.
How does the book address the specific case of Turkish workers?
The book analyzes the Association Agreement with Turkey and key ECJ cases, such as Demirel and Tetik, to explain the rights of Turkish workers regarding residency, family reunification, and access to the labor market.
How does the author distinguish between direct and indirect discrimination?
Direct discrimination involves treating someone less favorably based on gender in a comparable situation, whereas indirect discrimination involves seemingly neutral provisions that disproportionately disadvantage one gender unless objectively justified.
What role does the principle of proportionality play?
The principle of proportionality is used by the European Court of Justice to determine whether measures, such as positive actions or specific labor restrictions, are appropriate and necessary to achieve legitimate objectives without being overly restrictive.
- Quote paper
- Assoc. Prof. DR Biljana Chavkoska (Author), 2022, Recent Developments in International Labor Law, Munich, GRIN Verlag, https://www.grin.com/document/1224058
