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. 1Direct 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
CHAPTER FOUR
NATIONAL LABOR LAW
1. EMPLOYMENT CONTRACT
1.1 General conditions
1.2 Employment contract articles
1.3 Legal sanctions for the employer
1.4 Business secret
1.5 Concurrence clause
2. SPECIAL FORMS OF EMPLOYMENT CONTRACTS
2.1 Part-time employment contract,
2.2 Part-time employment contract with multiple employers,
2.3 Employment Contract for performing work at home,
2.4 Contract for employment of house assistants,
2.5 Contract for employment of business person-managerial contracts.
3. OBLIGATION OF THE WORKER
4. OBLIGATION OF THE EMPLOYER
5. INTERNSHIP, VOLUNTEER STAGE AND WORK ON PROBATION
5.1 Internship regulation
5.2 History of internship regulation
5.3 Employment contract with intern
6. ORGANIZATION OF WORKING TIME
7. MATERNITY LEAVE
8. WORKING AGE
9. WAGES
10. EMPLOYMENT OF FOREIGNERS
11. HARRESMENT ON THE WORKING PLACE
11.1 Legal regulation
11.2 Court procedures
12. SOLVING OF LABOR DISPUTES
13. TRADE UNIONS
Research Objectives and Topics
The core objective of this work is to analyze the legal framework governing labor rights, including the freedom of movement for workers within the European Union, equal pay standards, and the role of international labor organizations. The study aims to clarify the rights of migrant workers, the impact of association agreements, and the complexities surrounding non-discrimination and harassment policies in the workplace.
- Freedom of movement and transitional arrangements for workers in the EU.
- EU labor law concerning equal pay and non-discrimination based on gender.
- International Labor Organization (ILO) standards and conventions.
- National labor laws, employment contracts, and dispute resolution mechanisms.
- Regulatory aspects of internships and the role of trade unions.
Excerpt from the Book
1.2 Contract agreement articles
Regarding the Labor Law the employment contract must contain certain articles to be valid. These articles regulate:
1) Information for the parties of the contract, the residence or address;
2) the starting date for work
3) job position and description of the job position
4) obligation for the employer to explain the special health rules and risks for the employee
5) duration of the work agreement
6) article for full time agreement or part time
8) article for work time duration, daily, weekly, monthly
9) salary
10) other payments for the workers regarding the law, like travel payments ect
11) articles for vacation, yearly, weekly, daily
12) legal acts of the employer and other information for the rights and obligation of the worker regarding the law and collective agreements
Summary of Chapters
CHAPTER ONE: Discusses the principles of freedom of movement for workers in the EU, the impact of association agreements with third countries, and the regulation of posted workers.
CHAPTER TWO: Explores equal pay rules, the prevention of gender-based discrimination, and the legislative approaches to harassment and disability in the workplace.
CHAPTER THREE: Examines the structure, history, and functions of the International Labor Organization (ILO) and its influence on global labor standards.
CHAPTER FOUR: Provides a detailed analysis of national labor laws, including specific types of employment contracts, working time, dispute resolution, and the role of trade unions.
Keywords
Labor law, European Union, Freedom of movement, Migrant workers, Equal pay, Gender discrimination, Harassment, International Labor Organization, ILO, Employment contract, Working time, Trade unions, Collective bargaining, Labor disputes, Disability policy
Frequently Asked Questions
What is the primary focus of this publication?
The work provides a comprehensive overview of labor law, covering European Union regulations, international standards set by the ILO, and practical aspects of national employment legislation.
What are the central thematic areas discussed?
The book focuses on workers' mobility, equal pay principles, non-discrimination, harassment definitions, employment contract structures, and dispute resolution methods.
What is the main objective of the research?
The research aims to analyze how legal frameworks at national and international levels protect workers' rights and promote fair employment conditions across different jurisdictions.
Which scientific methods are employed?
The work utilizes legal analysis, comparative study of EU and national legislation, and a review of European Court of Justice (ECJ) jurisprudence.
What does the main body cover?
The main sections cover the movement of labor in the EU, equal pay regulations, ILO activities, and the specific requirements for different forms of employment contracts, including internships and managerial roles.
Which keywords characterize the work?
Key terms include labor law, EU internal market, non-discrimination, collective bargaining, and international labor conventions.
How does the work explain the concept of a "posted worker"?
A posted worker is defined as a person who, for a limited period, carries out work in a Member State other than the one where they are habitually employed, under specific EU directives.
How are labor disputes resolved according to the text?
The text outlines both judicial proceedings and alternative dispute resolution methods, such as mediation and peaceful settlement, emphasizing their role in protecting workers' rights.
- Arbeit zitieren
- Biljana Chavkoska (Autor:in), 2020, Labor Law. The Basics, München, GRIN Verlag, https://www.grin.com/document/703223
