European Labour Authority - The guardian of posting within the EU?

    Following the Brexit referendum the European Commission has submitted a series of legislative proposals aimed at the completion of free movement rights and strengthening upward convergence and better working conditions in the EU Member States. The proposal to set up the European Labour Authority (ELA) serves the institutional accomplishment of these target objectives. This paper focuses on the revised legal surroundings of posting and explores (i) to what extent the ongoing legislative processes and the proposal on the ELA are based on the genuine agreement of Member States and other stakeholders, and (ii) to what extent they bear the seeds of fragmentation in the Internal Market.

  • Sára FEKETE:
    The Challenges of Defining Posted Workers

    The revision of the Posting of Workers Directive has been on the plate since 2016, when the European Commission proposed a revision of the rules on posting of workers. Now the revised text of the directive has been adopted by both the EU Parliament and Council and the implementation in national laws is awaited. The articles focuses on the personal scope and endeavours to review the provisions of the current Posting of Workers Directive, and contributes to identify the challenges legal practitioners and businesses will face when applying the new rules.

  • Izabela FLORCZAK - Marcin WUJCZYK:
    Precarious work of migrant workers
    The example of Ukrainians in Poland in the light of regulations of (R)ESC

    Warfare, which caused a political and economic crisis in Ukraine, has forced Ukrainians to seek new places to live. The main causes of migration are economic (lack of work and prospect), political and educational. The number of Ukrainian citizens coming to Poland has been rising since 2008 and now they form the largest group of foreigners taking up employment in Poland. The article will not only tackle upon existing problems in this area, but will also consider possible legal solutions for them.

  • Andrzej Marian ŚWIĄTKOWSKI:
    Strike Restrictions in Contemporary Polish Labour Law

    The article discusses the current legal regulations and particularly restrictions on the right to strike in Poland and its historical evoluation. Special emphasis will be put on international standars and their implementation in Polish labour law and practice.

  • Bettina KISS:
    Restrictive covenants from a comparative perspective

    This paper is looking for some conclusive answers on how, when, and why competitive restrictions are used in labour law and, ultimately the impact that they are having, for better or worse. Meaning whether they should be considered legitimate agreements at all or not? For example, where do we draw the line between fundamental rights (right to work on the one hand, and freedom to run a business, on the other hand), or what proportionality means with regard to restrictive covenants.

  • Erika KOVÁCS:
    Gender Equality in Virtual Work I.: Risks

    This article focuses on gender equality in virtual work, taking special account of the regulatory challenges. It contributes to broader debates on the workers' situation in the sharing economy in two ways. Firstly, it makes an inaugural attempt to evaluate the implications of the new forms of work in the sharing economy for female virtual workers, looking at the issue of equal treatment. Secondly, it offers preliminary suggestions regarding a future regulation to improve equality between genders in virtual work.


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