Employment Privacy Law in the European Union

Human Resources and Sensitive Data

Author: Alberto Arufe Varela

Publisher: Intersentia nv

ISBN: 9050953018

Category: Law

Page: 344

View: 5433

Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book,
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Employment Privacy Law in the European Union

Surveillance and Monitoring

Author: Frank Hendrickx,Catarina Castro

Publisher: Intersentia nv

ISBN: 9050952399

Category: Law

Page: 321

View: 9308

This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.
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Labour Market Efficiency in the European Union

Employment Protection and Fixed Term Contracts

Author: Thomas Kruppe,Ralf Rogowski,Klaus Schömann

Publisher: Routledge

ISBN: 113472845X

Category: Business & Economics

Page: 224

View: 9581

The deregulation of labour law in the European Union was thought to be a spur to lasting growth of employment and an increase in labour market efficiency. This book reveals that the results of such policies have been far from those expected. This study provides a country by country overview of the legal regulations concerning employment protection and fixed-term employment in the twelve Member States of the European Union (prior to its expansion in 1995). Employment patterns of fixed-term employees are compared with those of employees in standard employment relationships, with the analytical focus on age-, gender- and industry specific differences. The authors then look beyond country-specific patterns and assess the probability of fixed-term employment within the European Union. They offer hypotheses concerning the impact upon the labour market of deregulation and of regulation. This is a valuable discussion of how legal, sociological and economic labour market theories contribute to an understanding of atypical employment.
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The Law on Age Discrimination in the EU

Author: Malcolm Sargeant

Publisher: Kluwer Law International B.V.

ISBN: 9041125221

Category: Law

Page: 241

View: 9018

The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book--written by national experts in eight Member States and at the EU level--considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: * what legislation has been adopted in each country * the development of the case law that exists in some States * the demographic imperative existing in each country * measures taken to improve the position of young people * retirement and the exit from the workforce of older workers * the approach and case law of the European Court of Justice As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study
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Beyond Employment

Changes in Work and the Future of Labour Law in Europe

Author: Alain Supiot,Pamela Meadows,European Commission

Publisher: Oxford University Press

ISBN: 9780199243044

Category: Business & Economics

Page: 245

View: 4750

This book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work initiated by the EC. It takes as its starting point the profound changes that have taken place in the underlying employment relationship and associated human resource practices over the past twenty years. These developments are placed in their economic, social, institutional, and legal contexts. Competitive pressures on firms, the search for greater efficiency and effectiveness in the delivery of public services, the changing role of women in society, and the desire for greater choice on the part of individuals are all important motives for change. The legal framework and the structures and organizations which represent the interests of workers and employers must respond to these changes. Drawing on illustrations from a number of European countries, the book suggests that the legal framework should encourage greater collaboration in the workplace, particularly over issues such as training. But it should also place work within its social context and facilitate genuine choices by individuals.
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The Rights of Immigrant Workers in the European Union

An Evaluation of the Eu Public Policy Process and the Legal Status of Labour Immigrants from the Maghreb Countries in the New Receiving States

Author: Joanna Apap

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041119223

Category: Social Science

Page: 317

View: 7643

6. Spain.
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Privacy in the Workplace

Author: Ian J. Turnbull

Publisher: CCH Canadian Limited

ISBN: 9781553679363

Category: Labor laws and legislation

Page: 480

View: 7307

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Contingent Employment in Europe and the United States

Author: Ola Bergström,Donald W. Storrie

Publisher: Edward Elgar Publishing

ISBN: 9781781008126

Category: Political Science

Page: 256

View: 3359

'Bergström and Storrie are to be praised for what stands as a highly readable, engaging account of the development of temporary work, and also one that breaks new ground. The focus here is not just on profiling national trends, but also on locating them in a broader regulatory context. At a time when even the most passive regulation is derided for undermining "flexibility" and holding back growth, the insights contained in this book are of considerable value. In my view, Contingent Employment in Europe and the United States should be essential reading both for academics and policymakers.' - Ian Kirkpatrick, Industrial Relations Journal Contingent Employment in Europe and the United States examines the developments in labour markets in advanced economies in the 21st century, as regards contingent employment. This is defined as employment relationships that can be terminated with minimal costs within a predetermined period of time. This includes fixed-term contracts, temporary agency work and self-employment. Contingent employment has been the subject of much legislative activity in the last decade, at both the national and European level. Temporary agency work, in particular, has recently been extensively deregulated in most European countries and currently we await the fate of a proposed EU directive on agency work. The book is therefore highly topical.
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European Employment Laws

A Comparative Guide

Author: Stephen Hardy,Mark Butler

Publisher: Spiramus Press Ltd

ISBN: 1904905617

Category: Law

Page: 294

View: 2350

This book reviews the evolution of labor law within the EU, analyzes the distinct regional approaches to employment and welfare, and looks at the pressures for change within a further enlarged EU. The book then provides a basic outline of employment law in each of the 27 Member States. In the three years since the first edition of this book was published in 2007, much more information has become available on employment law in the new accession countries. It is also a timely reminder that the geographical expansion of the EU is not finished. The book reviews the impact of the potential entry of new Members as the EU extends eastwards. The book identifies areas where the law is unified by the enactment of European Directives and examines regional differences which are potential pitfalls for employers with workers in more than one EU State.
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Enforcement of International Contracts in the European Union

Convergence and Divergence Between Brussels I and Rome I

Author: Johan Meeusen

Publisher: Intersentia nv

ISBN: 9050953727

Category: Law

Page: 387

View: 4895

The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.
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Mitarbeiterbeteiligung

Visionen für eine Gesellschaft von Teilhabern

Author: Klaus-R. Wagner

Publisher: Springer-Verlag

ISBN: 3322889874

Category: Business & Economics

Page: 491

View: 4502

Dieses umfassende Praxishandbuch bietet alles Wissenswerte zum Thema Mitarbeiterbeteiligung: von den historischen Wurzeln über die gegenwärtigen Entwicklungen bis zu Zukunftsperspektiven. Im Mittelpunkt stehen Mitarbeiterkapitalbeteiligungsmodelle von 21 Unternehmen.
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Freedom of Services in the European Union

Labour and Social Security Law : the Bolkestein Initiative

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

ISBN: 9041124535

Category: Law

Page: 386

View: 9267

This book deals with European labour law and industrial relations. It covers legislation concerning relations between employers and employees, collective agreements and the case law of the Court of Justice, as well as the structure and strategies of the social actors. The book consists of three parts: a general section devoted to individual labour law and a section that deals with collective labour law
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The European Convention on Human Rights and the Employment Relation

Author: Filip Dorssemont,Klaus Lörcher,Isabelle Schömann

Publisher: A&C Black

ISBN: 1782252118

Category: Law

Page: 482

View: 3736

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
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EU Employment Law

Author: Catherine Barnard

Publisher: OUP Oxford

ISBN: 0191639281

Category: Law

Page: 800

View: 7185

This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg. The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?
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The Protection of Fundamental Rights in the EU After Lisbon

Author: Sybe de Vries,Ulf Bernitz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 178225059X

Category: Law

Page: 246

View: 5011

The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.
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Labor and Employment Law in the New EU Member and Candidate States

Author: Anders Etgen Reitz

Publisher: American Bar Association

ISBN: 9781590319024

Category: Labor laws and legislation

Page: 402

View: 5815

This book is a practical tool for legal practitioners and in-house counsel advising clients on their foreign operations in the new EU. The book begins with an introduction to EU legislation, EU directives, and the enlargement of the European Union. Each chapter provides an overview of labor law, hiring, terms and conditions, termination, discrimination, and business transfers in the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A table of statutes and EU legislation completes the book.
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Judicial Application of European Union Law in post-Communist Countries

The Cases of Estonia and Latvia

Author: Dr Tatjana Evas

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409484114

Category: Law

Page: 258

View: 575

This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.
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Reflexive Labour Law in the World Society

Author: Ralf Rogowski

Publisher: Edward Elgar Publishing

ISBN: 085793659X

Category: Law

Page: 352

View: 6952

ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based
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Medical Examinations Preceding Employment And/or Private Insurance

A Proposal for European Guidelines

Author: N.A

Publisher: Council of Europe

ISBN: 9789287142528

Category: Diagnosis

Page: 50

View: 414

The focus of this report is on health assessments taking place prior to the conclusion of an employment or insurance contract. It begins with a brief survey of the development of standards, both national and international. It covers medical examinations in general as well as examinations prior to employment and to private insurance. The final section addresses the question of European guidelines and identifies a number of principles which could serve as an appropriate framework at a European level.
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