Posting of Workers in EU Law


Book Description

Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.




City of Workers, City of Struggle


Book Description

From the founding of New Amsterdam until today, working people have helped create and re-create the City of New York through their struggles. Starting with artisans and slaves in colonial New York and ranging all the way to twenty-first-century gig-economy workers, this book tells the story of New York’s labor history anew. City of Workers, City of Struggle brings together essays by leading historians of New York and a wealth of illustrations, offering rich descriptions of work, daily life, and political struggle. It recounts how workers have developed formal and informal groups not only to advance their own interests but also to pursue a vision of what the city should be like and whom it should be for. The book goes beyond the largely white, male wage workers in mainstream labor organizations who have dominated the history of labor movements to look at enslaved people, indentured servants, domestic workers, sex workers, day laborers, and others who have had to fight not only their masters and employers but also labor groups that often excluded them. Through their stories—how they fought for inclusion or developed their own ways to advance—it recenters labor history for contemporary struggles. City of Workers, City of Struggle offers the definitive account of the four-hundred-year history of efforts by New York workers to improve their lives and their communities. In association with the exhibition City of Workers, City of Struggle: How Labor Movements Changed New York at the Museum of the City of New York




Domestic Workers of the World Unite!


Book Description

From grassroots to global activism, the untold story of the world's first domestic workers' movement. Domestic workers exist on the margins of the world labor market. Maids, nannies, housekeepers, au pairs, and other care workers are most often ‘off the books,’ working for long hours and low pay. They are not afforded legal protections or benefits such as union membership, health care, vacation days, and retirement plans. Many women who perform these jobs are migrants, and are oftentimes dependent upon their employers for room and board as well as their immigration status, creating an extremely vulnerable category of workers in the growing informal global economy. Drawing on over a decade’s worth of research, plus interviews with a number of key movement leaders and domestic workers, Jennifer N. Fish presents the compelling stories of the pioneering women who, while struggling to fight for rights in their own countries, mobilized transnationally to enact change. The book takes us to Geneva, where domestic workers organized, negotiated, and successfully received the first-ever granting of international standards for care work protections by the United Nations’ International Labour Organization. This landmark victory not only legitimizes the importance of these household laborers’ demands for respect and recognition, but also signals the need to consider human rights as a central component of workers’ rights. Domestic Workers of the World Unite! chronicles how a group with so few resources could organize and act within the world’s most powerful international structures and give voice to the wider global plight of migrants, women, and informal workers. For anyone with a stake in international human and workers’ rights, this is a critical and inspiring model of civil society organizing.




Workers and Thieves


Book Description

Since the 1990s, the Middle East has experienced an upsurge of wildcat strikes, sit-ins, and workers' demonstrations. Well before people gathered in Tahrir Square to demand the ouster of Hosni Mubarak, workers had formed one of the largest oppositional movements to authoritarian rule in Egypt. In Tunisia, years prior to the 2011 Arab uprisings, the unemployed chanted in protest, "A job is a right, you pack of thieves!" Despite this history, most observers have failed to acknowledge the importance of workers in the social ferment preceding the removal of Egyptian and Tunisian autocrats and in the political realignments after their demise. In Workers and Thieves, Joel Beinin corrects this by surveying the efforts and impacts of the workers' movements in Egypt and Tunisia since the 1970s. He argues that the 2011 uprisings in these countries—and, importantly, their vastly different outcomes—are best understood within the context of these repeated mobilizations of workers and the unemployed over recent decades.




Workers' Inquiry and Global Class Struggle


Book Description

A major new study looking at the catalysing role of workers' inquiries in the rebirth of a global labour movement from below




The Workers' Union


Book Description

A nineteenth-century social reform proposal, available again




Free Choice for Workers


Book Description

This is a captivating chronicle of the fifty-year "David-Goliath" struggle between the bosses of Big Labor and Americans opposed to their coercive power.Few Americans realize their freedom to say "no" to compulsory unionism is largely the result of the valiant efforts of the National Right to Work Committee and its Legal Defense Foundation. Big business and the Republican Party have usually avoided the battle, leaving only Right to Work and its hundreds of thousands of grass roots supporters to defend employee freedom to get or keep their jobs without being forced to pay dues or join a union.Leef's narrative covers the New Deal legislation that gave Big Labor its initial monopoly power, and then the inspiring, decades-long struggle in Washington and the states to reduce the abusive power of labor bosses.The book also teaches a crucial lesson for those involved in public policy wars, regardless of their political philosophy -- that principled and dedicated idealists can prevail against strong special interest groups if they fight for a just cause.




Guest Workers and Resistance to U.S. Corporate Despotism


Book Description

Political scientist Immanuel Ness thoroughly investigates the use of guest workers in the United States, the largest recipient of migrant labor in the world. Ness argues that the use of migrant labor is increasing in importance and represents despotic practices calculated by key U.S. business leaders in the global economy to lower labor costs and expand profits under the guise of filling a shortage of labor for substandard or scarce skilled jobs. Drawing on ethnographic field research, government data, and other sources, Ness shows how worker migration and guest worker programs weaken the power of labor in both sending and receiving countries. His in-depth case studies of the rapid expansion of technology and industrial workers from India and hospitality workers from Jamaica reveal how these programs expose guest workers to employers' abuses and class tensions in their home countries while decreasing jobs for American workers and undermining U.S. organized labor. Where other studies of labor migration focus on undocumented immigrant labor and contend immigrants fill jobs that others do not want, this is the first to truly advance understanding of the role of migrant labor in the transformation of the working class in the early twenty-first century. Questioning why global capitalists must rely on migrant workers for economic sustenance, Ness rejects the notion that temporary workers enthusiastically go to the United States for low-paying jobs. Instead, he asserts the motivations for improving living standards in the United States are greatly exaggerated by the media and details the ways organized labor ought to be protecting the interests of American and guest workers in the United States.




Workers At Risk


Book Description

Workers at Risk is a powerful and moving documentary of workers routinely exposed to toxic chemicals. Products and services we all depend on—glass bottles, computers, processed foods and fresh flowers, dry cleaning, medicines, even sculpture and silkscreened toys—are produced by workers in constant contact with more than 63,000 commercial chemicals. For many of them, the risk of death is a way of life. More than seventy of them speak here of their jobs, their health, and the difficult choices they face in coming to grips with the responsibilities, risks, fears, and satisfactions of their work. Some struggle for information and acknowledgment of their health risks; others struggle to put out of their minds the dangers they know too well. Through extensive interviews, the authors have captured in these voices that double bind of the chemical worker: "If I had known that it would be that lethal, that it could give me or one of my children cancer, I would have refused to work. But it's a matter of survival and we just don't consider all these things. Meanwhile, we've got to make money to survive."




Forces of Labor


Book Description

Table of contents