Posting of workers and collective labour law: there and back again: between internal market and fundamental rights

Law of Europe > Europe. Organization and integration law > Regional organization and integration (Europe) > The European Communities. Community law > Labor law. Droit du travail. Arbeitsrecht > KJE2855

Edition Details

Creator or Attribution (Responsibility): Marco Rocca
Language: English
Jurisdiction(s): England
Publication Information: Cambridge ; Portland : Intersentia, [2015]
Type: Book
Series title: Social Europe series, v. 33.
Permalink: http://books.lawlegal.eu/posting-of-workers-and-collective-labour-law-there-and-back-again-between-internal-market-and-fundamental-rights/ (Stable identifier)

Short Description

XIV, 387 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, Posting of workers and collective labour law: there and back again: between internal market and fundamental rights is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Marco Rocca.
Publication Date: 2015
Country/State: England
Number of Editions: 4 editions
First edition Date: 2015
Last edition Date: 2015
Languages: English
Library of Congress Code: KJE2855
Dewey Code: 349.497
ISBN: 9781780683072 1780683073
OCLC: 906678882

Main Contents

CONTENTSForeword Acknowledgements Introduction Posted Workers: What's in a Name? The Core A fistful of cases Rush Portuguesa Laval Ruffert Commission v. Luxembourg (2008) Setting Sail The Context Chapter 1: The Loneliness of the Long Distance Runner: Defining the Posting Phenomenon from “Black Letter Law” to Empirical Data 1.1 A Thorny Phenomenon 1.1.1 A Diagonal Issue? 1.1.2 Stretching the System Outside its Borders. Until it Breaks 1.1.3 The Sound of Silence 1.2 The Black Box 1.2.1 Renewed Interest and Further Analysis 1.2.2 An Interim Word of Warning 1.3 At the Crossroad of Difficulties 1.3.1 “New” Groups of Workers and Trade Unions 1.3.2 It's Hard to Find a Way, Whatever… 1.3.3 A Little Bit Harder Chapter 2: Industrial Relations and the Law – An Overview: Industrial Relations. Theories and Their Encounters with the Legal Phenomenon 2.1 Industrial Relations 2.1.1 Modern Industrial Relations 2.1.2 An Industrial Relations System 2.2 Industrial Relations and the Law 2.2.1 What Hump? 2.2.2 Questions of Power 2.3 A Further Look to an Anecdote 2.3.1 An Autonomous Collective Bargaining Model 2.3.2 Hardest Law Chapter 3: Collective Labour Law: Defining the Scope of “Collective Labour Law” as well as its Main Elements 3.1 Freedom of Association (and the ILO) 3.1.1 Freedom of Association under the ECHR 3.2 Collective Action 3.2.1 Concerted and Collective 3.2.2 Withholding of Labour 3.2.3 Specific Occupational Demands 3.2.4 Peaceful Exercise 3.2.5 Other Forms of Collective Action 3.3 Collective Bargaining 3.3.1 Free and Voluntary Negotiation 3.3.2 Parties 3.3.3 Contents 3.4 Representation 3.4.1 Information and Consultation Chapter 4: The Age of Innocence: The Drafting Process of the Posting of Workers Directive 4.1 A Complicated Birth 4.1.1 Impulse(s) 4.1.2 Rush and the First Phase of Negotiations 4.1.3 Deadlocked 4.1.4 Fortune Smiling? 4.2 Not-so-close Encounters of the Collective Type 4.2.1 The Forgotten “Droits Syndicaux” 4.2.2 Not a Commodity 4.2.3 Interim Conclusions Chapter 5: Childhood's End: Thirty Years of Posting Case Law before the Court of Justice 5.1 Prologue(s) 5.2.1 The Story before the Story 5.2.2 Rush Portuguesa 5.2 During the Adoption Saga and Beyond 5.2.1 Vander Elst 5.2.2 Arblade 5.2.3 Mazzoleni 5.2.4 Finalarte 5.2.5 Portugaia Costrucoes 5.2.6 The Pre-Directive Case Law and the PWD 5.3 Post-Directive Case Law 5.3.1 Laval 5.3.2 Ruffert 5.3.3 Commission v. Luxembourg 5.3.4 Vicoplus 5.3.5 PWD Unleashed Chapter 6: A Clash of Kings: Fundamental Freedoms versus Fundamental Rights, again 6.1 The Clash 6.1.1 Collective and Fundamental Social Rights 6.1.2 Schmidberger and Omega 6.2 The New Wave 6.2.1 Trade Unions and the CJEU 6.2.2 Collective Action and the CJEU 6.2.3 The Role of Collective Bargaining and Collective Agreements 6.3 Three Kings 6.3.1 The ILO 6.3.2 The Council of Europe 6.4 You Are Here 6.4.1 The “Monti II” Proposal 6.4.2 The Ice Age Chapter 7: “Real PWD” and National Industrial Relations: Stuck with Negative Integration 7.1 Negative Integration 7.1.1 A Desert Called Integration? 7.2 The Role of the PWD 7.2.1 Living under the “Real PWD” 7.3 Change or Desist? 7.3.1 Posted Workers in the Bubble? 7.3.2 Impacts Chapter 8: The Future in Context: De-centralisation during the Great Recession and Three Future Scenarios 8.1 The Context, Selected Chapters 8.1.1 Decentralisation for Everyone 8.1.2 The Enforcement Directive 8.2 Scenarios 8.2.1 Scenario 1: Muddling Through 8.2.2 Scenario 2: Legislative Corrections at Primary and Secondary Level 8.2.3 Scenario 3: A Game of Courts Chapter 9: The Legacy 9.1 The EU and the International Protection of Social Rights: Fair-Weather Commitment? 9.1.1 Good Time for a Change (of Approach) 9.2 A Room that has no Floor: the PWD and the De-centralisation of Collective Bargaining 9.3 Finale Bibliography

Structured Subjects (Headings):

Find it in the Library of Congress:

If you wish to locate similar books to “Posting of workers and collective labour law: there and back again: between internal market and fundamental rights”, they can be found under the 349.497 in a public library, and the Library of Congress call numbers starting with KJE2855 in most university libraries. If you wish to look up similar titles to “Posting of workers and collective labour law: there and back again: between internal market and fundamental rights” in an on-line library catalog, the official Library of Congress Subject Headings under which they can be found are:

Conflict of laws–Labor contract
European Union countries
Labor contract
Labor laws and legislation
Occupational mobility