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Regulating the employment relationship in Europe : a guide to Recommendation No. 198 : European Labour Law Network (ELLN).
This study is the result of a strategic partnership between the ILO and the European Labour Law Network (ELLN) to produce an updated version of the guide to Recommendation No. 198, with a specific focus on European countries.
| Clasificación: | Libro Electrónico |
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| Autor Corporativo: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Geneva, Switzerland :
International Labour Organization,
[2013]
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover Page; Title Page; Copyright; Contents; Background to the Guide; National legal experts who contributed to the annotated guide; I. National policy on the protection of workersin an employment relationship; 1. Applying a national policy; Legislative examples; Collective bargaining agreements; Judicial decisions; Codes of practice and administrative directives; Studies, reviews and reports; A combined approach; 2. Reference to other international labour standards; 3. Social dialogue (consultation and collective bargaining).
- The role of social dialogue and collective agreements in defining an employment relationshipThe role of trade unions in representing specific group categories of workers; Other elements of social dialogue; 4. Specific policy measures; Clear guidance to the parties; Multiple parties; Provide for appropriate and adequate training; 5. Special categories of workers to protect; Vulnerable groups (women, young/old, persons withdisabilities, informal economy, and migrants); 6. Employment relationships and genuine civil and commercial relationships; 7. Transnational provision of services.
- II. Determining the existence of an employment relationshipA. Practical methods; 1. Legal presumption; 2. Determining whether designated groups of workers(e.g. by sector) are either employed or self-employed; 3. Employer's obligation to inform of employment conditions; 4. Primacy of facts; B. Criteria for identifying an employment relationship; 1. Subordination or dependence; 2. Control of the work and instructions; 3. Integration of the worker in the enterprise; 4. Work performed solely or primarily for another's benefit; 5. Carried out personally by the worker.
- 6. Carried out within specific hours or at an agreed place7. Having a particular duration and continuity; 8. Requires worker's availability; 9. Provision of tools/materials by the individualrequesting the performance of work; 10. Periodic payments to the worker; 11. This remuneration being the sole orprincipal source of income; 12. Payment in kind; 13. Recognition of entitlements; 14. Travel payment by the person requestingthe performance of work; 15. Absence of financial risk for the worker; 16. Mutuality of obligations; 17. Other criteria.
- III. Adopting measures with a viewto ensuring compliance1. Appropriate dispute resolution mechanisms:Inexpensive, speedy, fair, and efficient procedures; 2. The role of labour inspection; 3. Enforcement in sectors with a high share of women; 4. Disincentives to disguising an employment relationship; 5. Burden of proof; IV. Implementation and monitoring; Annex I; Annex II; Annex III; Annex IV; Annex V.