Collective Bargaining for Self-Employed Workers in Europe

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Publication Date 2021
ISBN 9789403523736
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Summary:

This publication provides an up-to-date analysis and discussion on the law and practice of collective bargaining by and for the self-employed in Europe.

The increase in the number of self-employed workers has raised the spectre of horizontal price-fixing by self-employed members of a profession. With a view to the increasing prevalence of self-employed work characterized by a manifest imbalance of bargaining power between the contracting parties, there is a vital need to overcome these obstacles to exercise an internationally recognized fundamental labour right. 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’.

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 that have regulation or practices of collective bargaining for the self-employed in place.

Table of Contents:

  • Part I | International and European Legal Framework
    • Chapter 1 - The Labour Law Framework: Self-Employed and Their Right to Bargain Collectively | Nicola Countouris & Valerio De Stefano
    • Chapter 2 - The Competition Law Framework and Collective Bargaining Agreements for Self-Employed: Analysing Restrictions and Mapping Exemption Opportunities | Victoria Daskalova
  • Part II | Collective Bargaining for the Self-Employed in Selected European Jurisdictions
    • Chapter 3 - Austria | Christina Hießl
    • Chapter 4 - Belgium | Vincent Franquet & Jean-Benoît Maisin
    • Chapter 5 - France | Francis Kessler
    • Chapter 6 - Germany | Jan Rummel
    • Chapter 7 - Ireland | Anthony Kerr
    • Chapter 8 - Italy | Elena Gramano
    • Chapter 9 - the Netherlands | Femke G. Laagland
    • Chapter 10 - Poland | Leszek Mitrus
    • Chapter 11 - Slovenia | Barbara Kresal
    • Chapter 12 - Spain | Manuel Antonio García-Muñoz Alhambra
    • Chapter 13 - Sweden | Annamaria Westregård
  • Part III | Comparative Analysis of Country-Level Experience
    • Chapter 14 - National Approaches to Collective Bargaining for the Self-Employed: Common Trends, Innovative Potential and Unresolved Problems | Christina Hießl
  • Part IV | The Way Forward
    • Chapter 15 - Reconciling Antitrust Standards and Collective Bargaining Rights: Towards a New Analytical Framework in EU Competition Law | Ioannis Lianos
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