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Gregor Thüsing

European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

Results in this title

. Working Time S. 152-163

„… Reemers Publishing Services GmbH O:/Beck/978-3-406-65047-5/3d/07_Working Time.3d from 13.09.2013 …” „… 10:22:01 3B2 9.1.580; Page size: 160.00mm 240.00mm § 7. Working Time Literature: Adnett/Hardy, Reviewing …” „… the Working Time Directive: rationale, implementation and case law, 32 Industrial Relations Journal …”

. Precarious Employment S. 94-119

„… 77/187/EEC), the Information Directive (91/533/EEC) and the Working Time Directive (93/104/EC as amended …” „… the duration of the work contract and the working hours compared to the full-time long-term employment …” „… then taken on by the judicature. In 1989 the improvement of living and working conditions in part-time …”

. Transfer of undertakings S. 120-145

„… Undertakings, European University Institute Working Papers, Law No. 96/8, 12; Laulom, The European Court of …” „… ). According to the BAG, this is the only way to distinguish between working with assets and working on assets …” „… the plaintiff Ayse Su¨zen dismissed the employees working as cleaners at the school. Staff or assets …”

. Employee Representation and Unions S. 182-207

„… collective agreements exist at this time. Whether this will ever change, remains to be seen. 2Many Member …” „… inform, consult and advise employee representatives under domestic law, such as in the Part Time Work …” „… ] 600 final of 10 October 1970), which at that time contained special provisions in Arts. 146 et seqq …”

Index S. 224-231

„… (Organization of working time) 7 1 et seqq. – 91/533/EEC (Employee Information Directive) 8 1 et seqq. – 98/59 …” „… Article 45(4) TFEU 2 19 Exceptional provisions 5 77 Extension and reduction of working time 4 29 Faccini …” „… . Employee Workers in the vineyard 4 22 Workers, employee-like 1 60 Working Time – aim of the Working Time …”

Titelei/Inhaltsverzeichnis S. 1-15

„… .............................................................................................. 87 2. Extension and reduction of working time …” „… 13.09.2013 10:19:18 3B2 9.1.580; Page size: 160.00mm 240.00mm § 7. Working Time …” „… ..................................................................................................... 138 III. Working time …”

. Basics S. 16-35

„… consultation of employees in companies; Temporary work and fixed term employment; Working time directive …” „… cumbersome regulations like the European working time provisions for the health sector are not judged as …” „… different in the various countries, but over time similarities have emerged in the different legal systems …”

. Protection against discrimination S. 60-93

„… advance in employment. Even if it were not covered by the concept of ‘pattern of working time’ expressly …” „… . 157 TFEU; Directives 2002/73/EC, 2006/54/EC Part-time-work-Directive 97/81/EC Fixed-term-Directive …” „… Directive 2006/54/EC) and was continued in more recent times with the Directive 2002/73/EC on sex …”

. Proof of employment terms S. 164-171

„… working time but is performed outside of normal working hours, is not included (Case 350/99 – Lange [2001 …” „… with a written document about their basic working conditions is clearly a means to ensure greater …” „… specifications, such as determining the length of time of “fixed-term employment contracts” within the meaning of …”

. International Labour Law S. 208-219

„… also by practical considerations: For the time working abroad for a foreign employer it must be …” „… Ru¨ffert, the list of areas covered by Art. 3(1) (restrictions on working time, minimum rates of pay …” „… posted to the USA to the employment conditions there, but at the same time ensure the employee is …”

. Freedom of movement for workers S. 36-59

„… of subsidiarity and it is for this reason that the Member States insist upon it time and time again …” „… no importance; notably part-time workers fall within the definition of worker within the meaning of …” „… 2681 a German man working in Belgium was charged with a crime in Belgium. A Belgian law for the …”

. Posting of Workers S. 172-181

„… in the cases Seco and Rush Portuguesa, as to which working conditions apply to posted workers (on …” „… headlines. The protestors were outraged that at a time of recession and high unemployment a contractor did …” „… that, ever since, has been the subject of political discussion time and time again. 15The directive was …”

doi.org/10.5771/9783845259086

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (ed.), Mark Bell (ed.), Olaf Deinert (ed.), Sophie Robin-Olivier (ed.)

International and European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… their working time on board trains; or (iii) whose activities are linked to transport timetables and to …” „… . 1990, p. 1. Directive 2003/88/EC concerning certain aspects of the organisation of working time …” „… aspects of the organisation of working time THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION …”

Erika Kovács, Franz Marhold Article 2 RESC The right to just conditions of work S. 255-264

„… working time, rest period and paid holidays. Thematically it is closely connected to Art 3 revESC that …” „… maximum working time standards are at greater risk of health problems and occupational accidents. Although …” „… manifestations of rights regarding working time. From the ILO, the following sources are particularly relevant …”

Jean-Philippe Lhernould Directive 97/81/EC concerning the Framework Agreement on part-time work S. 872-882

„… of part-time work on a voluntary basis and to contribute to the flexible organization of working time …” „… envisaged proposal – with regard to flexible working time and job security. On 19 June 1996 the UNICE, the …” „… fixed-term contracts, part-time working, temporary work and seasonal work”. By comparison, the ambitions of …”

Carla Spinelli ILO Convention 47 Forty-Hour Week Convention, 1935 (No. 47) S. 1332-1336

„… . Working-time arrangements – such as, for example, flexitime, time-banking and annualization of working time …” „… . 47) Literature: ILO, Working time in the twenty-first century, ILO, Geneva 2011; Servais, Jean Michel …” „… Working Conditions Survey 2012, that in the first Chapter provides an overview of working time legislation …”

Carla Spinelli ILO Convention 153 Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) S. 1381-1392

„… ) Convention, 1979 (No. 153) Literature: ILO, Working time in the twenty-first century, ILO, Geneva 2011 …” „… . More recently, in the European Union context, the organisation of the working time of persons …” „… weekly working time to be extended to 60 hours if, over four months, an average of 48 hours a week is not …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… provisions in force in the user undertaking relating to: (i) the duration of working time, overtime, breaks …” „… stating that they refer to rules on “(i) the duration of working time, overtime, breaks, rest periods …” „… promote the idea that part-time working should be freely chosen by the worker. Although the Convention has …”

Carla Spinelli ILO Convention 132 Holidays with Pay Convention (Revised), 1970 (No. 132) S. 1370-1381

„… Chapter provides an overview of working time legislation in over 150 countries around the world, the …” „… four weeks established by the EU Directive No. 2003/88/CE concerning the organisation of working time …” „… of the International Labour Organisation with regard to the organisation of working time, there are …”

Martina Benecke Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding S. 1252-1268

„… place during working hours, the workers are entitled to time off without loss of pay. The particulars …” „… working or employment age is not lower than the minimum age at which compulsory full-time schooling as …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 b) Limitation of working time of children (para 1 …”

Sudabeh Kamanabrou, Anne Christin Wietfeld Directive 2010/18/EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC S. 1026-1049

„… Working Conditions 1040 Sudabeh Kamanabrou and Anne Christin Wietfeld 42 43 44 times of parental leave in …” „… the Working Time Directive,112 the CJEU ruled that the regulations of this Directive do not apply for …” „… aims not only at supporting working parents to care for their children during a time of parental leave …”

Karin Lukas Article 3 RESC The right to safe and healthy working conditions S. 264-272

„… 2003/88/EC on working time, see Catherine Barnard, EU Employment Law (4th ed, Oxford University Press 2012 …” „… , employed or self-employed.4 Together with Art.s 2 (working time) and 4 (fair remuneration) is provides the …” „… workers are left for the Contracting Parties. In most of them working at least three hours in the …”

Maria Teresa Carinci ILO Convention 158 Termination of Employment Convention, 1982 (No. 158) S. 1149-1165

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7. Right of Appeal: empowered authorities, extent of control, burden of proof, and time-limit …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 d) Possible time-limit for the worker to appeal …” „… of Appeal: empowered authorities, extent of control, burden of proof, and time-limit Article 10 If …”

Franz Christian Ebert ILO Convention 182 Worst Forms of Child Labour Convention, 1999 (No. 182) S. 1165-1179

„… effective and time-bound measures to: 6. 7. 81 See CEACR, General Survey (2012) (n 3), para 630. 82 See, e.g …” „… Article 7(2) obligates State parties to “take effective and time-bound measures”. This also covers …” „… system, take effective and time-bound measures to increase school attendance rates and reduce drop-out …”

Edoardo Ales ILO Convention 187 Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) S. 1437-1454

„… . Article 17 At such times as it may consider necessary, the Governing Body of the International Labour …” „… Office shall present to the General Conference a report on the working of this Convention and shall …” „… Convention, 1974 No. 139; Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 No. 148 …”

Vincenzo Pietrogiovanni ILO Convention 79 Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) S. 1336-1343

„… conditions necessitate different working time: the provision sets that signatory parties may fix another …” „… hours, the rates to be not less than the time-and-a-quarter, as provided for by Convention No. 1-1919 …” „… required to notify the workers concerned of the times at which work begins and ends; where work is carried …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… registered. Any quantitative criteria (that is measuring where the employee is working most of his time …” „… duration of the daily working time and proof of payment of wages or copies of equivalent documents during …” „… referred to in Article 4 of that Directive, payslips, time-sheets indicating the beginning, end and …”

Ryszard Cholewinski ILO Conventions 97 and 143 Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) S. 848-868

„… migrant workers at the end of a time-bound contract.103 Moreover, while the provision applies to all …” „… time-bound contracts.104 Article 9 Article 9 “1. Without prejudice to measures designed to control movements …” „… arose out of a concern to facilitate the movement of labour while at the same time ensuring equality of …”

Pascale Lorber Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community S. 1551-1567

„… employer. There does not seem to be a time-limit to the creation or validity of the article 5 agreements as …” „… representative body shall be entitled to time off for training without loss of wages. (h) The costs of the …” „… Directive 2002/14/EC in the EU, COM (2008) 146 final; Commission Staff Working Document, ‘Fitness Check’ on …”

Massimo Pallini Article 62 TFEU S. 77-94

„… , providing services pursuant to the “freedom of movement”. Under community law, there is no time-based …” „… for a long time held back from extending to the free movement of services the application of these …” „… simply the mere potential for a restriction of that trade, such as it had already held for some time with …”

Hélène Tissandier Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employerOJ 2008 L 283/36-42. S. 1012-1026

„… termination of the employer’s activities.24 In addition, national law may lay down a time-limit laid down for …” „… , without prejudice to the obligations of the Member States relating to the time-limits for transposition …” „… workers. 49 COM (2016) 710 final, 25/10/2016. 1 OJ 2008 L 283/36-42. Dir. 2008/94 Part 5 Working …”

Adalberto Perulli The Declaration of Philadelphia (DoP) S. 361-375

„… birth. The social, political and economic reflection of the times, after stating as central the …” „… time, social rights. As a matter of fact, according to the New Deal doctrines, the free market could …” „… the improvement of working conditions, on the basis of a series of important principles and …”

Annick Masselot, Bridgette McLellan Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security S. 466-481

„… 79/7/EEC has been properly transposed, Member States may not rely upon a national time-bar to deny …” „… : Article 2 Article 2 This Directive shall apply to the working population – including self-employed persons …” „… employment.2 The definition provided in Article 2 divides the “working population” into three broad …”

Teun Jaspers Article 28 RESC The right of workers’ representatives to protection in the undertaking and facilities to be accorded to them S. 348-354

„… ; indirect discrimination; refusal to grant time-off for the necessary handling of tasks related to the …” „… and improvement of the working conditions and working environment), Article 24 (the right to …” „… : representatives elected by the workers of the enterprise; working environment/health and safety representatives …”

Ségolène Barbou des Places Regulation (EU) 492/2011 on freedom of movement for workers within the Union S. 785-800

„… “conditions of employment”. Logically it applies to working time, security and health protection. It also …” „… times,5 and Regulation 492/2011 codifies these various amendments “in the interest of clarity and …” „… means to improve their living and working conditions and promoting their social advancement, Regulation …”

Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… , those national time-limits shall not render virtually impossible or excessively difficult the exercise …” „… paradoxes. Firstly, it is the most contested and at the same time the least used of the four freedoms …” „… Staff working document impact assessment:8 it claimed that Policy option 2 (guidance documents) could be …”

Achim Seifert ILO Convention 144 Tripartite Consultations, 1976 (No. 144) S. 391-403

„… principle of freedom of association is at stake.28 As to the time of the consultation, it shall take place …” „… Governing Body of the ILO or the deliberations of the Governing Body’s Working Party on the Social …” „… report on the working of the procedures provided for in this Convention. XI. Annual reports on the …”

Tzehainesh Teklè ILO Convention 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) S. 612-630

„… responsibility. They can include workplace adaptations, adaptations of work tasks or working time. VI. Burden of …” „… , part-time workers, agricultural workers, workers in export processing zones) can also amount to indirect …” „… for full-time jobs”,20 which leads to job segregation. Discrimination on the grounds of gender also …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… time of the first provision of services. This procedure is subject to strict timeframes (1 month …” „… necessary proposals, notably on the opportunity to extend the period of time during which Union citizens and …” „… experience’: the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a …”

Iacopo Senatori Directive 2009/38/EC on the establishment of a European Works Council S. 1601-1636

„… implies that the information be provided at such time, in such fashion and with such content as are …” „… implies that the consultation must take place at such time, in such fashion and with such content as are …” „… time as the national employee representation bodies, but must not reduce the general level of …”

Martina Benecke Directive 94/33/EC on the protection of young people at work S. 1268-1285

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 b) Limitation of working time of children (para 1 …” „… ) Derogation from working time limitations (para 5) . . . . . . . . . . . . . . . . . . . . 44 9. Article 9 …” „… for working times and night work, rest periods, holidays, breaks and derogations under strict …”

Carla Spinelli ILO Convention 1 Hours of Work (Industry) Convention, 1919 (No. 1) S. 1321-1332

„… of work. From fixed to flexible?, ILO, Geneva 2005; ILO, Working time in the twenty-first century …” „… weekly working time as a first step to overcome injustice in labour conditions. More precisely, the …” „… The ILO efforts on international working time standards did not end with these Conventions. In fact …”

Edoardo Ales Article 31 CFREU Fair and just working conditions S. 1207-1210

„… , safety and dignity at work, on the one hand, and to working time, rests and paid holiday, on the other …” „… , has become the domain of a non-regulatory agency.8 Working time too could be included into that “top …” „… Working Time Directive.9 Such a possibility may lead to consider, for the Member States who have opted out …”

Edoardo Ales Introduction: Occupational Health and Safety S. 1203-1207

„… at work, on the one hand, and working time, rests and paid holiday, on the other. In fact, OHS and …” „… working time are for the EU legislator inextricably linked. This is confirmed by the fact that the …” „… working time, commented by V. Leccese, is defined by referring to that one of Directive 89/391/EEC on the …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… 10 (working time), Article 11 (minimum wage), Article 13 (health and safety), Article 14 (social …” „… practice. Working time21 is one of the aspects of the employment relationship in respect of which domestic …” „… , several international instruments address the issue of working time, such as the ILO Forty-Hour Week …”

Sophie Robin-Olivier Non-Standard Work: Introduction S. 868-872

„… to the flexible organization of working time in a manner which takes into account the needs of …” „… envisaged proposal – with regard to flexible working time and job security. On 19 June 1996 the UNICE, the …” „… working arrangements”2, “atypical work”, “contingent” or “precarious” contracts has become an central …”

Edoardo Ales Article 153 TFEU S. 155-165

„… Working Time Directive.5 It is worth to recall that the adoption of the Working Time Directive on the …” „… certain aspects of the organization of working time [1993] OJ L307/18. 6 Case C-84/94 United Kingdom v …” „… , including in particular certain aspects of the organization of working time. On the contrary, the words …”

A.C.L. Davies ILO Convention 177 Home Work Convention, 1996 (No. 177) S. 909-911

„… , allowing the worker currently in a full-time job to opt for part-time working, or the worker currently in a …” „… part-time job to opt for full-time working (subject to appropriate safeguards for the employer, particularly …” „… ), working time and rest breaks (paragraphs 23 and 24), maternity protection (paragraph 26), and termination …”

A.C.L. Davies ILO Convention 175 Part-Time Work Convention, 1994 (No. 175) S. 906-909

„… promote the idea that part-time working should be freely chosen by the worker. Although the Convention has …” „… ) that full-time workers who are working reduced hours for economic reasons do not count as part-time …” „… practice. Article 10 addresses the possibility of transferring from full-time to part-time working or from …”

Elaine Dewhurst Article 19 RESC The right of migrant workers and their families to protection and assistance S. 313-316

„… has a wide remit including such conditions as working time, minimum wage, holidays and resting time …” „… and other employment and working conditions; b membership of trade unions and enjoyment of the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Remuneration and Other Employment and Working Conditions . . . . . . . . 4 2. Membership of …”

Jule Mulder Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) S. 547-586

„… regarding their working time and overtime. To address such structural inequality, legislation informed by …” „… pro-rata-temporis comparisons, pay may thus be reduced according to working time.69 However, there have been some …” „… to the contractually obliged working time each month. The scheme discriminated part-time workers …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… relationship; (ii) the emphasis put on the links between OSH and working time; (iii) the link between OSH …” „… hand, and the adaptation of machinery, equipment, working time, organisation of work and work processes …” „… the links between OSH and working time; (iii) the relationship between OSH hazards and the …”

Martina Benecke ILO Conventions 3, 103 and 183 on Maternity Protection S. 1365-1370

„… is no longer limited to two times on a working day but the time or times are to be prescribed by …” „… national law or regulations. Additionally, the time of leave must be counted as working hours and …” „… Convention puts a stronger focus on antidiscrimination and the position of women in working life. II …”

Silvia Borelli Article 33 CFREU Family and professional life S. 225-234

„… problems faced by precarious workers and economically dependent workers whose flexible working time …” „… market constraints. Moreover, the Commission does not adopt an integrated approach to working time …” „… organisation (e.g. the Working Time Directive10 is never mentioned). Besides, the Commission’s initiative …”

Karin Lukas Article 7 RESC The right of children and young persons to protection S. 297-304

„… According to Art. 7(6), time spent on vocational training by young people during normal working hours is to …” „… normal working time, and there can be no obligation to make up for the time spent in training, which …” „… full benefit of their education; 4 to provide that the working hours of persons under 18 years of age …”

Naj Ghosheh, Martine Humblet, Valerio De Stefano Maritime Labour Convention, 2006 (MLC, 2006) S. 1179-1200

„… rest to be provided in a given period of time.55 Each country acknowledges that the normal working …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 MLC Part 5 Working Conditions 1180 Valerio De Stefano, Naj Ghosheh and Martine Humblet I …” „… stakeholders of the maritime sector”.2 At the time, ILO maritime instruments were numerous and sometimes very …”

Edoardo Ales ILO Convention 161 Occupational Health Services Convention, 1985 (No. 161) S. 1413-1428

„… paid as working time. Article 13 Article 13 All workers shall be informed of health hazards involved in …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 a) The surveillance of the working environment …” „… factors in the working environment and working practices which may affect workers’ health” and on “workers …”

Tzehainesh Teklè ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100) S. 602-612

„… advancements, reduced working time and over-representation of women in jobs helping the reconciliation of work …” „… : Sandra Fredman, The Right to Equal Pay for Work of Equal Value, Background Paper for the Working Group on …” „… Discrimination against Women in Law and Practice (the Working Group): Economic and Social Life, available at …”

Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work Edoardo Ales S. 1210-1242

„… maternity, the organisation of working time and 6 On the Robens Report, delivered in 1972 to the British …” „… defined its own scope of application, Directive 2003/88/EC on working time [OJ L 299, 18.11.2003, p. 9-19 …” „… et al., Organisational and Psychosocial Risks in Labour Law. A Comparative Analysis (2012) I Working …”

Marta Otto Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR) S. 958-981

„… data contained in the record of working time concerning the daily work periods and rest periods22 or …” „… . GDPR Part 5 Working Conditions 958 Marta Otto 25 I. Foreword …” „… background for the introduction of the Regulation). 7 Recital 14. GDPR Part 5 Working Conditions 960 Marta …”

Jeff Kenner Article 151 TFEU S. 143-150

„… the validity of the Working Time Directive:20 Once the Council has found that it is necessary to …” „… November 2003 concerning certain aspects of the organisation of working time [2003] OJ L299/9. 21 TEU, art …” „… objectives the promotion of employment, improved living and working conditions, so as to make possible their …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Directive 94/33/EC 1268 concerning certain aspects of the organisation of working time …” „… working conditions, working time, and wage protection issues among others. He holds a Ph.D. from the …” „… 97213-3786, USA, email: orders@isbs.com BUT_Ales_2460-4.indd 4 21.08.18 10:14 Preface As time goes by …”

Siska Dubbert, Franz Christian Ebert ILO Convention 81 Labour Inspection Convention, 1949 (No. 81) S. 1073-1093

„… “can only enter a workplace liable to inspection during working hours” or during a “reasonable” time …” „… promotional framework, construction, mines and agriculture: Working together to promote a safe and healthy …” „… working environment, Report III (Part 1B), ILC, 106th Session, Geneva 2017 (the “2017 General Survey on …”

Sylvaine Laulom Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights S. 996-1012

„… the Directive on collective redundancies (see above). Dir. 2001/23 Part 5 Working Conditions 996 …” „… lead to a reorganization and changes in working conditions of workers. However, since the adoption of …” „… , such as buildings and movable property, are transferred, the value of its intangible assets at the time …”

Eugenia Caracciolo di Torella Article 8 RESC The right of employed women to protection of maternity S. 304-307

„… “sufficient” time off during working hours for the purpose of breastfeeding. All employed mothers in the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Sufficient time …” „… dismissal during the period from the time she notifies her employer that she is pregnant until the end of …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… . Working in co-mediation teams, choreographing the overall time structure (including the intentional …” „… – weekly rest period 1 III Art. 2 RESC 25 – working time 1 III Art. 2 RESC 1, 7 Confidence clause 8 Dir …” „… – social security 4 II C 189 43 et seqq. – working time 4 II C 189 31 Duty of confidentiality 8 Dir …”

A.C.L. Davies ILO Convention 181 Private Employment Agencies Convention, 1997 (No. 181) S. 911-916

„… ) working time and other working conditions; (e) statutory social security benefits; (f) access to training …” „… ) collective bargaining; (b) minimum wages; (c) working time and other working conditions; (d) statutory social …” „… applies equally to home workers. Examples include laws on the minimum working age (paragraph 10), working …”

Siska Dubbert, Franz Christian Ebert ILO Convention 129 The Labour Inspection Convention (Agriculture), 1969 (No. 129) S. 1106-1120

„… , Geneva, 2008 (hereinafter: the “Social Justice Declaration”). C 129 Part 5 Working Conditions 1106 …” „… Part 5 Working Conditions 1108 Siska Dubbert and Franz Christian Ebert As opposed to Convention No …” „… in agriculture one or more of the following categories of persons working in agricultural …”

Teun Jaspers Article 21 RESC The right to information and consultation S. 319-330

„… appropriate time and in a comprehensible way about the economic and financial situation of the undertaking …” „… Charter Art. 21 RESC Teun Jaspers 319 8 9 10 b) to be consulted in good time on proposed decisions which …” „… or their representatives should be involved in determining working conditions, work organisation and …”

Claire La Hovary ILO Convention 95 The Protection of Wages Convention, 1949 (No. 95) S. 1093-1106

„… the provisions of the preceding Articles. Article 37 At such times as it may consider necessary the …” „… working of this Convention and shall examine the desirability of placing on the agenda of the Conference …” „… adequate to maintain a reasonable standard of life as this is understood in their time and country” as one …”

Vincenzo Pietrogiovanni ILO Convention 90 Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (and ILO Convention 6 – Night Work of Young Persons (Industry) Convention, 1919 (No. 6)) S. 1355-1365

„… country, are the official institutions concerning working time regulation. For example, it could be the …” „… Article 4 1. A Member may ratify this Protocol at the same time as or at any time after its …” „… . The working conditions were very dangerous and unsecure for young employees’ health but also for their …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… general; • working time; • paid annual leave; General Introduction XXXIV Edoardo Ales, Mark Bell, Olaf …” „… directive on working time (on which see the commentary below) to annul provisions of collective agreements …” „… working arrangements); health and safety at work (including working time); and the protection of workers …”

Eugenia Caracciolo di Torella ILO Convention 156 Workers with Family Responsibilities Convention, 1981 (No. 156) S. 1142-1149

„… Convention, 1981 (No. 156): A comparative study, ILO Working Paper 2/2012, Geneva 2012; C Hein, N Cassirer …” „… and Article 3. C 156 Part 5 Working Conditions 1142 Eugenia Caracciolo di Torella 1 2 family …” „… affected relevant ILO measures subsequently implemented. For example, the Part-time Work Convention n° 175 …”

Vincenzo Pietrogiovanni ILO Convention 171 Night Work Convention, 1990 (No. 171) S. 1428-1437

„… consideration the objective element (the working time) and the subjective element (the person working during …” „… Article 8 Compensation for night workers in the form of working time, pay or similar benefits shall …” „… be reflected in all methods of compensations, in the form of working time, pay or other analogous …”

Henner Gött Article 6 RESC The right to bargain collectively S. 286-297

„… to the draft.2 At the time of the ESC’s conclusion in 1961, Art. 6 contained one of the most …” „… , 2013, 146. 3 On the contested existence of such a right at the time of drafting C W Jenks, The …” „… self-regulation by collective agreements as required by Art. 6, the parties at the same time take steps towards …”

Alexia Gardin Directive 1999/70/EC concerning the Framework Agreement on fixed-term work S. 882-894

„… of Community action with regard to flexibility in working time and security for workers, then on the …” „… concerning working conditions within the meaning of Article 5(1) of Directive 76/207 [2006/54], there is, in …” „… proceedings”. In other disputes, parties themselves did not consider the part-time Directive as relevant.29 …”

Antonio Lo Faro Article 155 TFEU S. 165-176

„… Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners …” „… certain aspects of the organisation of working time in inland waterway transport, concluded by the …” „… non-discrimination is applied to part-time workers also in relation to pay.37 VI. List of cases Case no Court …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… working conditions, and the increased involvement of management and labour in the economic and social …” „… Collective Dismissal Directive and the economic context of that time could explain the intervention of the …” „… authorities in the event of collective redundancies. At that time, there was no specific treaty base on which …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… safety at the workplace, working time and leave taking into account collective agreements in force”.87 …” „… encompassing “at least pay and dismissal, health and safety at the workplace, working time and leave taking …” „… public authority, and conditions of employment and working conditions, including conditions regarding …”

Article 4 ECHR Prohibition of slavery and forced labour Edoardo Ales S. 1200-1203

„… upon issues such health, safety and dignity at work, on the one hand, and working time, rests and paid …” „… holiday, on the other. In fact, OHS and working time are for the EU legislator inextricably linked. This …” „… certain aspects of the organization of working time, commented by V. Leccese, is defined by referring to …”

Laura Calafà ILO Convention 140 Paid Educational Leave Convention, 1974 (No 140) S. 1136-1142

„… . 67 ILO CEACR General Survey (2012), para 407. C 140 Part 5 Working Conditions 1136 Laura Calafà 29 …” „… sense that, as regards Convention 140, “reflected, at the time of its adoption, the most innovative …” „… worker for educational purposes for a specified period during working hours, with adequate financial …”

Andreas Bücker Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship S. 948-958

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dir. 91/533 Part 5 Working Conditions 948 Andreas Bücker 15 16 2. Article 2 …” „… published a proposal for a directive on transparent and predictable working conditions that is supposed to …” „… secure working conditions.8 The draft justifies the need for the replacement with significant changes in …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… charges and working times. This “similar practices” are identified by the abuses imposed by the employer …” „… . – working in very poor conditions or for long periods of time – lack of social protection and benefits …” „… 29 Part 5 Working Conditions 1050 Marie-Ange Moreau 1 2 3 Rights international system of …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… , working time).156 This opinion ignores the fact that, particularly in the field of working time, there has …” „… . Working time regulation is part of public health protection.157 It would be a violation of Articles 3 and …” „… regulation of working time in the sense of minimum standards is in any way in conflict with Article 28. The …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… the other side (by interpreting the Working Time Directive)73 that the fact that a student had worked …” „… worker in the Working Time Directive, applies: it is enough that the “activities, although adapted to the …” „… and the Wholly Internal Rule: Time to Move On?’ (2002) 39(4) CMLR 731-771; Spaventa, Eleanor, Free …”

Daniel Ulber ILO Convention 94 Labour Clauses (Public Contracts) Convention, 1949 (No. 94) S. 840-848

„… include wages, working time and all other working conditions as long as they are customary in the same …” „… support a deterioration in working conditions by its procurement law. The ECJ has not stated whether ILO …” „… position or in a position of a technical, professional, or scientific character and whose working …”

Claire La Hovary ILO Convention 131 The Minimum Wage Fixing Convention, 1970 (No. 131) S. 1120-1124

„… disadvantaged groups of wage earners, and Considering that the time has come to adopt a further instrument …” „… . The main groups of workers excluded are agri- C 131 Part 5 Working Conditions 1120 Claire La Hovary …” „… time to time. 2. Provision shall be made, in connection with the establishment, operation and …”

Edoardo Ales, Mark Bell Fundamental Provisions: Introduction S. 1-7

„… relation to the regulation of working time.9 A more recent development is the adoption of the ‘European …” „… dismissal) and 31 (fair and just working conditions) in the chapter on Working Conditions. The comment on …” „… themes: equal opportunities and access to the labour market; fair working conditions; social protection …”

Orsola Razzolini Directive 2010/41/EU on the application of the principle of equal treatment between men and women S. 586-602

„… for the scope of the working time directive (Dir. 2003/88/EC)25, the pregnant worker directive (Dir …” „… ), the Working Time Regulations 1998, Reg. 2, the National Minimum Wage Act 1998, s. 54 are based on the …” „… encompass the protection of self-employed workers within the working relationship with the client/customer …”

Claire La Hovary ILO Convention 138 Minimum Age Convention, 1973 (No. 138) S. 1124-1136

„… with the provisions of the preceding Articles. Article 12 At such times as it may consider necessary …” „… on the working of this Convention and shall examine the desirability of placing on the agenda of the …” „… , ‘Working Children and International Labour Law’ (2003) 11 International Journal of Children’s Rights 73-146 …”

Silvia Borelli Article 8 TFEU S. 7-13

„… making, including care facilities, leave and flexible working time arrangement, as well as tax and …” „… _strategy_evaluation_en.pdf. 12 Commission Staff Working Document, Strategic engagement for gender equality 2016-2019, SWD …” „… the Annual Growth Survey (Commission Staff Working Document, Social Scoreboard, SWD(2017)200). 24 “The …”

Vincenzo Pietrogiovanni ILO Convention 89 Night Work (Women) Convention (Revised) and P 89 – Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 S. 1343-1355

„… institutions concerning working time regulation. For example, it could be the domestic Ministry or Department …” „… charge of tasks that require flexible working time. The same condition of non-application of the …” „… more flexible regulation about working time, especially on night work. IX. Article 9 Article 9 In …”

David Fennelly International Covenant on Economic, Social and Cultural Rights: Articles 2 and 7 (ICESCR) S. 438-444

„… economic, social and cultural rights” but, at the same time, “imposes an obligation to move as …” „… , that acknowledges that the nature of discrimination “varies according to context and evolves over time …” „… their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working …”

Elaine Dewhurst Article 18 RESC The right to engage in a gainful occupation in the territory of other Parties S. 310-313

„… be a national of a Contracting Party, be lawfully resident and/ or working regularly. While there has …” „… unlawfully resident they could still be working regularly and therefore entitled to the protection of the …” „… for a defined period of time are entitled to equal treatment with nationals22, including in the …”

Silvia Borelli Article 157 TFEU S. 176-188

„… the same unit of measurement; (b) that pay for work at time rates shall be the same for the same job …” „… . With a view to ensuring full equality in practice between men and women in working life, the principle …” „… enshrined in Article 157 (at the time Article 119) was the only provision to combat gender discrimination …”

Maurizio Del Conte, Elena Gramano ILO Convention 88 Employment Service Convention, 1948 (No. 88) S. 375-383

„… , challenges and opportunities’, [2015], ILO Working Paper; ILO, Anticipating and matching skills and jobs, ILO …” „… taken into account as to minimize the time of unemployment, which can be harmful mainly for workers, but …” „… on this matter do exist for a long time. On the matter of employment services, the ILO has adopted …”

Helen Stalford Article 32 CFREU Prohibition of child labour and protection of young people at work S. 219-225

„… comment by S Laulom on Part 5, Chapter I. Article 31 CFREU Fair and just working conditions For Article 31 …” „… have working conditions appropriate to their age and be protected against economic exploitation and any …” „… obliges Member States to prohibit the employment of children under the age of 15 or still in full-time …”

Mark Bell Article 20 RESC The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex S. 316-319

„… working with the Homeless (FEANTSA) v. the Netherlands 5 February 2014 Complaint No. 85/2012 ECSR Swedish …” „… rehabilitation; c. terms of employment and working conditions, including remuneration; d. career development …” „… working in ‘underground mining’ or other work that was ‘unsuitable for them’. In 1988, an Additional …”

Karin Lukas Article 26 RESC The right to dignity at work S. 343-346

„… tee has found three times the average monthly wage of the employee to be an acceptable level19. The …” „… , Estonia, 2012: 116 days is a reasonable waiting time. 22 Conclusions, 2012, Romania. 23 Conclusions, 2012 …” „… creates a hostile working environment in the same way as acts of discrimination, independently from the …”

Anne Trebilcock ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Convention 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and Convention 154 – Collective Bargaining Convention, 1981 (No. 154) S. 1492-1513

„… institutions “are being eroded at a point in time when they are most needed.”8 The international law governing …” „… , in which governments, employers and workers participate. From time to time, the CEACR conducts a …” „… appear several times a year in International Labor Rights Case Law. The annual publication, International …”

Olaf Deinert Introduction: Working Conditions S. 934-937

„… PART 5 WORKING CONDITIONS Introduction: Working Conditions The safeguarding of fair and secure …” „… working conditions is the main objective of the ILO. On the one hand, the International Labour Conference …” „… out standards on working conditions. Besides equality law and health and safety at the workplace, it …”

Emmanuelle Mazuyer Article 4 RESC The right to a fair remuneration S. 272-277

„… implies that work performed outside normal working time hours must require a special payment. The payment …” „… for overtime work must be at a higher rate than the payment for normal working time.7 It is …” „… – either monetary or in kind – paid by an employer to a worker for time worked or work done. Remuneration …”

Mark Bell Equality: Introduction S. 431-433

„… and/or through setting minimum standards on remuneration and other aspects of working conditions …” „… in the host state where they are working. The chapter on Workers’ Mobility in this Commentary …” „… examines EU legislation that contains important protections from discrimination for EU citizens working in …”

Marta Otto Article 8 CFREU Protection of personal data S. 937-942

„… (concerning inter alia the issue whether the record of working time for each worker is covered by the concept …” „… a reference for a preliminary ruling.8 At the same time, as will be explained in detail below, the …” „… jurisprudence, e.g.: R v Dyment [1988] 2 SCR 417, paras 20-22. Art. 8 CFREU Part 5 Working Conditions 938 …”

Sylvaine Laulom Article 30 CFREU Protection in the event of unjustified dismissal S. 942-948

„… CFREU Part 5 Working Conditions 942 Sylvaine Laulom 8 Foreword Writing in 1997, Couturier stated that …” „… for the essential aspects of that system. The metaphor of a spinning top has been used many times …” „… economic course of a business and, likewise, the employer’s disciplinary powers and yet, at the same time …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… equipment, patterns of working time, the distribution of tasks or the provision of training or integration …” „… as a ‘disability’, ‘it must be probable that it will last for a long time’.13 The Court also held …” „… time the EU had become a party to the CRPD.16 In HK Danmark (Ring and Skouboe Werge) the CJEU …”

Silvia Borelli Article 23 CFREU Equality between women and men S. 209-214

„… spatially, culturally and over time.7 In this perspective, the binary construction of gender is a social …” „… convention, meant to maintain a certain organisation of society, “which is at the same time closely aligned …” „… known since a long time by the European institu- 1 Case 149/77, 15.6.1978, Defrenne v Sabena [1978] ECR …”

Mark Bell Introduction S. 641-643

„… ensure that migrants who are working in another state enjoy legal protection in areas such as working …” „… in the regulation of the working conditions of posted workers within the EU and the Convention is …” „… Court faced for the first time the issue of “unfair competition” between (cheaper) posted workers and …”

Laura Tebano Article 109 TFEU S. 126-133

„… informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it …” „… complies with “the legislation applicable at the time in all salary and compensation matters” and that it …” „… replaces the Commission Regulation (EC) No 800/2008.28 At the same time, the GBER No 651 confirms the …”

Teun Jaspers Article 22 RESC The right to take part in the determination and improvement of the working conditions and working environment S. 330-336

„… -8163 Article 22 RESC The right to take part in the determination and improvement of the working …” „… conditions and working environment With a view to ensuring the effective exercise of the right of workers to …” „… take part in the determination and improvement of the working conditions and working environment in the …”

Siska Dubbert, Franz Christian Ebert ILO Convention 150 Labour Administration Convention, 1978 (No.150) S. 403-427

„… report on the working of the procedures provided for in this Convention. XI. Annual reports on the …” „… competent authority (normally the Ministry of Labour) to issue an annual report on the working of the …” „… , Functions and Organisation, ILC, 64th Session, Geneva 1978; ILO, Organisation and Working of National Labour …”

Felix Welti ILO Convention 159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) S. 635-641

„… physical or mental impairment. For C 159 disability is defined in relation to working life. This reflects …” „… non-discrimination of disabled persons in the workplace.14 Important is the provision of part-time employment and …” „… ILO-Convention 175 (Part-Time-work), 1994. 16 See ILO Discrimination (Employment and Occupation) Convention No …”

Sara Benedi Lahuerta Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin S. 495-520

„… Public Law & Legal Theory Working Papers, Paper 9185: http://lsr.nellco.org/columbia_pllt/9185, 65. 54 …” „… 20. 72 Tamara K Hervey, ‘EC law on Justifications for Sex Discrimination in Working Life’, Paper …” „… and EU migration law: time for a new approach’ in Marjolein van den Brink, Susanne Burri and Jenny …”

Hélène Tissandier Article 25 RESC The right of workers to the protection of their claims in the event of the insolvency of their employer S. 339-343

„… that the courts ‘must decide within a reasonable time’.20 We can argue that this restriction on the …” „… exclusion of part-time employees and employees on fixed-term or other temporary contract9. The workers …” „… employees working in 1. 2. 4 Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Hungary, Italy …”

Article 29 CFREU Right of access to placement services S. 218-219

„… Information shall be provided and consultations shall begin in good time (‘when an employer is …” „… , Chapter I. Article 31 CFREU Fair and just working conditions For Article 31, see the comment by E Ales on …” „… people and except for limited derogations. Young people admitted to work must have working conditions …”

Laura Tebano Article 107 TFEU S. 117-125

„… State Aid Control: Time for some realism’ in A Sutton (ed), EC State Aid Law. Le Droit des Aides d’Etat …” „… servants working in the Orange SA Case . . . . . . . . . . . . . . . 15 V. Aid granted by the State or …” „… Objectives of State Aid Control: Time for some realism’ in A Sutton (ed), EC State Aid Law, cit. 9; Andrea …”

Teun Jaspers Article 29 RESC The right to information and consultation in collective redundancy procedures S. 354-361

„… employers shall inform and consult workers’ representatives, in good time prior to such collective …” „… workers within a limited period of time and for reasons that correspond to a reduction or change of the …” „… to the calculation of the workers that will be dismissed within a limited period of time. Typically …”

Massimiliano Delfino Article 51 CFREU Field of application S. 234-239

„… , while, in respect of working mothers, Article 11, Council Directive 92/85/EC6 provides that Member …” „… Union law – confer on every working mother an individual right which she can invoke as such,7 while the …” „… example, undertaken in good time. In contrast, Article 28 on the right to take collective action is a …”

Edoardo Ales Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship S. 1242-1252

„… have recently given birth or are breastfeeding;4 (ii) young people at work;5 (iii) workers working at …” „… definitions have been of general application for EC Law. The time being, the FTD, as for the definition of …” „… not justify different treatment with respect to working conditions inasmuch as the protection of …”

Myriam Benlolo Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States S. 692-713

„… legal basis that can be used only for people not working.2 The Directive then replaces a whole series of …” „… self-employed, people not working, pensioners or students. The Directive thus amends Council Regulation n …” „… the CRD, which is at the same time a codification and strengthening of existing rights -both for EU …”

Vania Brino ILO Convention 168 Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) S. 427-431

„… while at the same time providing detailed rules limiting their regulatory freedom. First and foremost …” „… non-working in addition to the unemployed, establishing that “each Member shall endeavour to extend the …” „… ). The so-called conditionality clauses that have kept national legislators busy in recent times have …”

Antonio Lo Faro Article 152 TFEU S. 150-155

„… Policy Title before 2007. At the time when Article 152 introduced into the compass of EU primary law the …” „… , indeed, preceded the introduction of that provision, as it was established in 2003, at a time when …” „… provided at that time by the now repealed Article 202 EC. Chapter I Treaty on the Functioning of the …”

Edoardo Ales Article 29 CFREU Right of access to placement services S. 195-200

„… States are entitled to working conditions equivalent to those of citizens of the Union. Article 29 CFREU …” „… recognition of “the right to engage in work”, can be regarded the reference Article 15(3) makes to “working …” „… better matched with Article 31 CFREU, dealing, specifically, with “Fair and just working conditions”.3 A …”

Anna Lawson United Nations Convention on the Rights of Persons with Disabilities (CRPD) S. 455-461

„… ’ explicitly includes, for the first time in a UN treaty, failure to provide reasonable accommodation …” „… , hiring and employment, continuance of employment, career advancement and safe and healthy working …” „… , safe and healthy working conditions, including protection from harassment, and the redress of …”

Fabienne Jault-Seseke Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) S. 1643-1650

„… certain period of time one person performs services for and under the direction of another in return for …” „… said this place is the one where the employee “has established the effective centre of his working …” „… “or from where”. When no effective centre of working activities can be determined, there is still an …”

Eugenia Caracciolo di Torella Article 27 RESC The right of workers with family responsibilities to equal opportunities and equal treatment S. 346-348

„… to be adopted concerning the length and organisation of working time. It implies that workers with …” „… family responsibilities, was contemplated for the first time by Article 27 (R)ESC in 1996.1 This …” „… family responsibilities should be allowed to work part-time and/or to return to full-time employment. The …”

Mark Bell Article 14 ECHR Prohibition of discrimination S. 461-466

„… were subject to a ten year exclusion from working as public officials, as well as a range of private …” „… discrimination is prohibited. This has provided flexibility over time, permitting the Court to recognise new …” „… : Article 2 Article 2 This Directive shall apply to the working population – including self-employed persons …”

Anna Alaimo Article 101 TFEU S. 97-107

„… scheme set up in the CB Agreement contributed “to improving the working conditions of the employees, not …” „… working conditions42. It must be borne in mind that when the Court decided the first cases the primary law …” „… evaluate, in each single case, whether the collective agreement produces or not an improvement in working …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… minimal harmonisation (e.g. working time directive)63 and should therefore not vary as much as expected …” „… Court faced for the first time the issue of “unfair competition” between (cheaper) posted workers and …” „… stake in the case were coming from Portugal, a country which was, at the time, subject to temporary …”

Marco Peruzzi Article 175 TFEU S. 188-195

„… , Tim, ‘The New Structural Funds, State Aids and Interventions on the Single Market’ (1995) 20 (1) ELRev …” „… and monetary 5 Commission Staff Working Document, ‘Lisbon Strategy Evaluation Document’, SEC(2010) 114 …” „… of the Member States are entitled to working conditions equivalent to those of citizens of the Union …”

Etienne Pataut Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) – Articles 8 and 9 S. 664-674

„… given for the inefficiency of article 6. First, most of the time, posted worker won’t be nationals of …” „… of time, the ECJ has adopted in two decisions the same approach than the one adopted in the …” „… contracts. The facts of the case are particularly relevant to that extent. The employee had been working for …”

Massimiliano Delfino Article 52 CFREU Scope and interpretation of rights and principles S. 239-244

„… that national legislation. Also with regard to art 15 and to part-time work, the legislation …” „… essence of the rights and freedoms It is time to deal with the second topic concerning Article 52 CFREU …” „… contractual process to which it is party’ and from negotiating ‘the aspects determining changes in the working …”

Vania Brino ILO Convention 142 Human Resources Development Convention, 1975 (No. 142) S. 387-391

„… certain flexibility in terms of implementation times, the ILO guidelines leave far less room for manoeuvre …” „… collectively, to influence the working and social environment” (art. 1 para 4); they should also take into …”

David Fennelly International Convention on the Elimination of All Forms of Racial Discrimination: Articles 1, 2 and 5 (ICERD) S. 444-449

„… , returned to her job in the textile industry on a part-time basis and subsequently became pregnant. The …” „… working when they got married and had a baby and foreign nationals, such as the petitioner, who take their …”

Iacopo Senatori Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees S. 1567-1592

„… rights, particularly in relation to economic dismissals and transfer of undertakings.55 At the time …” „… : http://www.epsu.org/sites/default/files/article/files/ec212_1st_phase_ ic_consultation_finalresponse_en.pdf. 56 Commission Staff Working Document …” „… chosen legal and organizational forms.3 At the same time, it meant to take into account the peculiar …”

Iacopo Senatori Directive 2005/56/EC on cross-border mergers of limited liability companies, Art 16 – Employee participation S. 1592-1601

„… cross-border mergers that don’t apply equally to domestic operations.6 At the same time it prevents companies …” „… operated in the relevant merging companies, and providing for employees working in other Member States the …” „… provided for by German law. At the same time, if the registered office’s law provides for a higher level of …”

Giovanni Orlandini Article 48 TFEU S. 69-76

„… any State where they are working or residing. The norm is strictly linked to Article 45 TFEU and it …” „… Assistance in Time of Crisis’ (2016) 2 Rivista del diritto della sicurezza sociale 260-261. 20 Herwig …”

Elias Felten Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees S. 1535-1551

„… employees’ involvement had been concluded only in 133 of at that time 2.757 established SE. In 69 SE …” „… Member State at a time, in a manner and with a content which allows the employees’ representatives to …” „… competent organ of the SE, at a time, in a manner and with a content which allows the employees …”

Adam Sagan Article 11 ECHR Freedom of assembly and association S. 1513-1534

„… had at the time the ECHR was adopted. The ECHR is a ‘living instrument’ that has to be construed in …” „… sufficiently serious is the suspension of pay for the time a representative is studying new legislation on …” „… had previously turned down an offer to be relocated to another working site.68 In Sigurður A …”

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Maximiliane Reifenscheid, Katja Möhring Towards a new working time paradigm? Public support for trade union demands for working time reduction S. 186-210

„… giving employees more rights in terms of working time,were negotiated by the major unions. These focused …” „… benefits of a reduction in working time.The idea of reduced working time also resonates with others …” „… timeregulations, aiming at a reduction in working time for a larger part of the working populationand involving …”

Titelei/Inhaltsverzeichnis S. 157-158

„… ........................................................................................... 159Maximiliane Reifenscheid, Katja MöhringTowards a new working time paradigm? Public support for …” „… trade union demands forworking time reduction …”

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Franz-Josef Deiters, Alex Fliethmann, Birgit Lang, Alison Lewis, Christiane Weller - Limbus – Australisches Jahrbuch für germanistische Literatur- und Kulturwissenschaft Band 2/2009

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Limbus – Australisches Jahrbuch für germanistische Literatur- und Kulturwissenschaft Band 2/2009

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Peter Murphy Communication is the Enemy of Innovation, or Can We Go Back to the German Mode? S. 227-246

„… quite damaging. Put bluntly, this can amount to the stealing of time.III. The Economy of TimeIn modern …” „… have done well. And yet the relative working time of these classes has also grown. In the nineteenth …” „… traditional working classes, now a small proportion of the workforce, have become time rich. They are the …”

David Roberts Megamachines Ancient and Modern: Ernst Jünger’s Totalitarian Conception of Work S. 259-272

„… energy in great assemblages of men. Organized as a »unified working whole« according to a strict division …” „… Heidegger’s distinction in Being and Time between authentic and inauthentic Dasein, between the few and the …” „… in his eyes. At the time of writing Der Arbeiter he was closest to the National Bolsheviks’ version …”

Birgit Lang The Travails of Exile: Lion Feuchtwanger’s Exil and Anna Seghers’ Transit S. 171-188

„… middle and working-class concepts of work in order to politicize the Künstlerroman (resulting in …” „… representations that were at times clichéd and not always convincing), and how Seghers, with her more radical …” „… affinities, as commonly perceived, but can be interpreted as the voice of the unorganized German working …”

Alison Lewis Work, Family and Passion and the Aporias of Socialist Women’s Lives in Sigrid Damm’s Ich bin nicht Ottilie (1992) S. 101-118

„… testimony to the memory of the original socialist promise to women. Published at a time when the backlash …” „… did around the same time, to take stock of both the ideal and the reality of women’s emancipation. She …” „… nonetheless manages to evoke the post-unification present of the time of writing obliquely through …”

Axel Fliethmann Medium without Work, Work without Medium S. 211-226

„… working conditions‹. Rather I wish to focus on a theoretical quest since it is the lack of …” „… . While labour in pre-modern times had been seen as a deficient modus of life (in Greek philosophy) or as …” „… the enlightenment (cf. Veit, 26-35). But it is Adam Smith who for the first time gives the concept of …”

Christiane Weller The Transference to Work – The Concept of »Work« in Psychoanalysis S. 119-132

„… »Arbeit,« underpins many of Freud’s termini technici. For example, »working through« (durcharbeiten …” „… »working through« (durcharbeiten) appeared in Freud’s writings as early as 1895 in his Studies on Hysteria …” „… writings.By 1914, in his paper »Remembering, Repeating and Working-Through« (»Erinnern, Wiederholen und …”

Jane K. Brown Words at Work: Faust II and the Human Condition S. 13-32

„… identified with the subjects of her work, so much so in the essay on Rosa Luxemburg in Men in Dark Times and …” „… three times, in the text, in Arendt’s subsequent German version, Vita Activa oder Vom tätigen Leben, of …” „… usually call working into labour, work, and action. »Labour« (»Arbeit« in her German version) sustains the …”

Gerhard Fischer Totenhemd und Leichentuch: Metaphorik zum Thema Arbeit in Gedichten des Vormärz (Chamisso, Hood/Freiligrath, Heine) S. 51-70

„… poems/songs about conditions of labour and the life of the »working poor« during the early industrial …” „… that is given a voice. Heine goes beyond depicting the actual working conditions of the Silesian …” „… des Liedes große Aufmerksamkeit; der Text wurde wenige Tage später von der Times nachgedruckt, und von …”

Robert Savage The Ape’s Handiwork: The Place of Labour in the Philosophical Anthropology of Max Scheler S. 247-258

„… space and time,« which the reader can identify without difficulty with the acosmic kingdom of light of …” „… : »and whoever likes working with his hand / has no place in lazy-ape-land« (und wer gern arbeyt mit der …” „… instruments and accoutrements of culture. The process of hominization in prehistoric times thus prefigures the …”

Michael Hau Biopolitik der Leistungssteigerung: Arbeit als Sport in der Weimarer Republik und im Nationalsozialismus S. 87-100

„… Berlin A Rep 001-02, Nr. 585 (continued).100 Michael HauMason, Tim. Nazism, Fascim and the Working Class …”

Rezensionen / Reviews S. 273-300

„… Arbeitsbuch is a comprehensive text and work book for students of trans-lator training working from Eng-lish …” „… , despite the importance of this music, which pointed to fields later picked up by musicians working in …” „… 1930s and 1940s, the Austrian Philipp and the German Hoff as vic-tims of the Nazi regime and the …”

doi.org/10.5771/9783968219523

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Die Unternehmung

Browse Volumes: Die Unternehmung

DU Volume 73 (2019) Issue 3 ISSN Online: 2942-318X

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Anne Jansen, Melanie Höchner, Hartmut Schulze, Martina Zölch Does workplace flexibility help to retain older workers in their career jobs up to and beyond retirement age? A qualitative study in the knowledge-intensive sector in Switzerland S. 229-249

„… flexible working”) are used for the combination of time-independent and location-independent working (Van …” „… phased or partial retirement make direct use of reduced working hours and part-time work patterns to …” „… continued working in career consistent jobs, all worked part-time, between 20% and 50%. Temporally, they …”

Marion Popp, Karsten Hadwich Service-oriented Leadership – Scale Development and Validation S. 213-228

„… reverse coded items, an included instructional manipulation check as well as their completion time (<2 …” „… work experiences: 19 years) working in a wide range of service industries (e.g. banking, consulting …”

doi.org/10.5771/0042-059X-2019-3

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