Social Security Outside The Realm Of The Employment Contract

All over the world countries face the challenge of inadequate social security coverage for workers without an employment contact. In countries of the global south, this phenomenon is a natural consequence of large informal economies. Countries in the global north increasingly witness the same issue, due to growing labour market flexibility (flex contracts, dependent self-employment, digitization of labour). In this book authors from both hemispheres exchange insights, experiments and practices with the intention of finding better ways to deal with the social security challenges facing workers.

Drawing on international case studies from emerging economies and developing countries including South Africa, India, Egypt, Morocco, Jordan, Tunisia, Indonesia, China and Russia, this book examines the rise, nature and effectiveness of recent developments in social policy in the Global South. By analysing these new emerging trends, the book aims to understand how they can contribute to meaningful change and whether they could offer alternative solutions to the social, economic and environmental policy challenges facing low-income countries within a contemporary global context. It pays particular attention to reforms and innovations relating to the objectives of the 2030 Agenda for Sustainable Development, including the move away from a welfare state, towards a ‘welfare multitude’, in which new actors, such as civil society organisations, play an increasingly important role in social policy.

Digitalisierung und die damit einhergehenden Veränderungen der Arbeitswelt stellen das Standardmodell der Beschäftigung als Basis von sozialen Sicherungssystemen zunehmend in Frage. Während sich eine wachsende Zahl an Veröffentlichungen mit deren Folgen für das Arbeitsrecht beschäftigen, bleibt bis heute das Sozialrecht weitgehend ausgeblendet. Das Buch schafft Abhilfe. Es beschäftigt sich mit den wichtigsten Herausforderungen für den sozialen Schutz durch Digitalisierung, dem Zugang zu Sicherungssystemen und deren Finanzierung am Beispiel der Plattformarbeit. Es gibt einen Überblick über nationale Lösungsansätze, analysiert dies in vergleichender Perspektive und stellt sie in einen transnationalen Kontext. Das Buch vereint Fallstudien aus Belgien, Italien, dem Vereinigten Königreich, den Niederlanden, Dänemark, Schweden, Spanien, Frankreich und Estland und behandelt die Herausforderungen, die Reformen für eine Standardsetzung auf EU-Ebene, für die Koordinierung innerhalb der EU und für ihr Verhältnis zum Steuerrecht ausgesetzt sind. Es vermittelt damit neue Einsichten, wie ein "Sozialrecht 4.0" aussehen sollte.

This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.

Though some may categorise this work as a memorial publication, this book of friends is truly a celebratory publication by colleagues from Africa and beyond who had the privilege to know Edwell and Mathias personally. It is a tribute to the life and work of two individuals that each made a unique contribution to social justice, law and its development. As evidenced by the Tributes and Lists of Publications contained herein, both Edwell and Nyenti (as they were colloquially known) were productive scholars but they leave a legacy that extends beyond the academic realm to that of friendship and shared humanity.

Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects – and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.

This exciting and innovative Handbook provides readers with a comprehensive and globally relevant overview of the instruments, actors and design features of social protection systems, as well as their application and impacts in practice. It is the first book that centres around system building globally, a theme that has gained political importance yet has received relatively little attention in academia.