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E-raamat: Towards the Single Employment Contract: Comparative Reflections [Hart e-raamatud]

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  • Formaat: 108 pages
  • Ilmumisaeg: 29-Nov-2013
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781782253532
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Towards the Single Employment Contract: Comparative ReflectionsSuurem pilt
  • Formaat: 108 pages
  • Ilmumisaeg: 29-Nov-2013
  • Kirjastus: Hart Publishing
  • ISBN-13: 9781782253532
Teised raamatud teemal:
Wiley OnlineRohkem infot Hart e-raamatute kohta
This book examines the concept of the single employment contract, tracing it from its genesis and evaluating its pros and cons in the context of the current labour market problems in selected European countries.

The book adopts a comparative approach to examining the single employment contract, highlighting its virtues and revealing its inherent contradictions. The authors set out the general framework within which the current debate has developed by outlining the origins that gave rise to the proposal of a single employment contract. They then review the debate on labour market segmentation and the flexicurity proposal, and examine the key characteristics of the single employment contract as well as the arguments put forward both for and against it. Case studies show how the idea has been taken up in France, Italy and Spain. The book concludes with a concise review of contractual arrangements in EU labour markets and of possible future projections and developments.

The book is aimed at academics and practitioners interested in labour market and labour legislation reforms.

The book is a co-publication between Hart Publishing and the International Labour Organization.
Foreword v
Antoine Lyon-Caen
Acknowledgements vii
Table of Legislation
ix
Introduction. The New Frontier of Labour Law: Between Freedom and Security 1(6)
1 Flexibility
7(8)
1.1 The Origins of the Issue: The Demand for Labour Market Flexibility
7(2)
1.2 Different Kinds of Flexibility
9(2)
1.3 From the Standard Employment Contract to a Plurality of Types
11(4)
2 Segmentation
15(8)
2.1 Segmentation in EU Labour Markets
15(3)
2.2 Contractual Arrangements and Segmentation in EU Labour Markets
18(5)
2.2.1 The Prominence of Young People among Temporary Workers
18(1)
2.2.2 The Missing Transition to Permanent Contracts
19(1)
2.2.3 The Consequences of Labour Market Segmentation
20(1)
2.2.4 Where Do We Go from Here?
21(2)
3 The Single Employment Contract: Origins and Presuppositions
23(14)
3.1 The Origins of the Single Employment Contract: `Re-Thinking' Work
23(3)
3.2 The Presuppositions of the Single Employment Contract
26(8)
3.2.1 Protection and Employment: Questioning the Received Wisdom
26(3)
3.2.2 Effective System, Effective Market: The Search for Compatibility between Law and Economics
29(5)
3.3 The European Commission Perspective
34(3)
4 An Outline of the Single Employment Contract
37(4)
4.1 Basic Structure and Application
37(1)
4.2 Monetary Compensation
38(1)
4.3 Legal Norms
38(1)
4.4 Other Rights
39(1)
4.5 The Anticipated Benefits of the Single Employment Contract
39(2)
5 Contrasting Views of the Single Employment Contract
41(6)
5.1 Introducing the Single Employment Contract
41(1)
5.2 Criticisms of the Proposal and Some Responses
42(5)
5.2.1 Increasing Flexibility Might Damage Workers Who Are Currently Protected
42(1)
5.2.2 Enterprises Will Have Less Flexibility in Recruitment
43(1)
5.2.3 The Consolidation Period is Too Long
43(4)
6 Selected Proposals for Introducing the Single Employment Contract
47(22)
6.1 Italy: The Debate about Flexicurity
47(10)
6.1.1 The Single Employment Contract: The Debate
49(3)
6.1.2 The Single Employment Contract and Article 18 of the Workers' Statute
52(5)
6.2 France: The Contrat de Travail Unique (CTU)
57(7)
6.2.1 The Origin of the CTU
57(1)
6.2.2 The Content of the CTU
58(1)
6.2.3 Predecessors of the CTU: The CNE and CPE
59(1)
6.2.4 The Debate
60(2)
6.2.5 The Labour Market Situation
62(2)
6.3 Spain: The Debate on the Single Employment Contract
64(5)
6.3.1 Introduction
64(1)
6.3.2 Factors in the Debate
65(1)
6.3.2.1 Fixed-Term Contracts and Unfair Individual Dismissals
65(1)
6.3.2.2 A Solution to Structural Labour Market Problems? Constitutional and Legal Perspectives
66(2)
6.3.3 A Lively Debate
68(1)
7 Contractual Arrangements in EU Labour Markets
69(6)
7.1 Types of Protection Offered
70(3)
7.2 Incentives to Convert Temporary Contracts into Open-Ended Contracts
73(1)
7.3 Cost Structures and Financial Incentives in Choice of Contract Type
73(2)
8 Further Developments
75(2)
Conclusions 77(2)
Annex. The Single Employment Contract Proposal 79(4)
Select Bibliography 83(8)
Index 91
Giuseppe Casale is currently heading the Labour Administration, Labour Inspection and Occupational Safety and Health Branch at the International Labour Office in Geneva. He is a visiting professor in comparative and international labour law at the universities of Bari and Venice, and is the Secretary-General of the International Society for Labour and Social Security Law (ISLSSL). He serves on several editorial boards of labour law reviews, is the author of numerous publications and editor of The Employment Relationship: A Comparative Overview (Hart Publishing and ILO, 2011).

Adalberto Perulli is Professor of Labour Law at Cà Foscari University of Venice. He is the Director of the Master's Programme in Labour Law and of the Global Economic and Social Affairs Master's Programme (GESAM) at the University of Venice. He serves on a number of advisory boards of labour law reviews and is the author of many publications.
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