Executive summary of the report ‘New trade union strategies for new forms of employment’

Countouris, Nicola; Stefano, Valerio De

doi:10.1177/2031952519872323

Cited by 22 publications

(17 citation statements)

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“…Therefore, organizing and extending collective bargaining to the self-employed is now perceived as a priority across Europe (Fulton, 2018). Over the last 10 years, a number of scholars have studied the integration of the self-employed into union movements in Europe (Pernicka, 2006;Pedersini and Coletto, 2009;Gumbrell-McCormick, 2011; see Countouris and De Stefano, 2019), including the representation of platform workers, who are also part of the kaleidoscopic world of self-employment (Lenaerts et al, 2018;Vandaele, 2018). In general, there are differing views on the changing face of collective representation, and specifically on the future of collective bargaining for the solo self-employed (Keune, 2013).…”

Section: The Collective Representation Of Solo Self-employed Workersmentioning

confidence: 99%

“…The self-employment concept is normally carved out in contrast with that of subordination. If one looks both at the statutory definitions of the concepts of employment, employee or contract of employment, as well as at the tests that courts have developed in many European countries, it is possible to realize that there is a common core of criteria that have been used to identify subordinate employment (Davidov et al, 2015 ; Countouris and De Stefano, 2019 ). The main criteria generally adopted, among others, can be brought back to three related macro-sets: hetero-direction of the work and its external control, which implies the power for the employer to give instructions and direct the employee's work; hetero-organization, which means that the performed work is integrated into someone else organization and business; and risk assessment, which essentially investigates whether the worker takes the ultimate risk of loss or chance of profit (Digennaro, 2019 ).…”

Section: Self-employment In the Frame Of Labor Lawmentioning

confidence: 99%

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Hybrid Areas of Work Between Employment and Self-Employment: Emerging Challenges and Future Research Directions

et al. 2020

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The growth of non-standard employment relations has created one of the major challenges in terms of workers' rights as well as collective representation in European societies. Among non-standard employment relations, so-called "solo self-employed"-self-employed workers without employees-are challenging the very foundations of our labor markets, that is to say the opposition between employers and employees, fostering the development of emerging "hybrid" areas of work. The heterogeneity of the solo self-employed is difficult to capture from official statistics, which are still based on traditional classifications, and questions also the legal categories that qualify these workers. Moreover, the fact that solo self-employed workers do not form a homogenous group, and are diverse in terms of their activities, interests and needs, calls for changes in the way trade unions, employer organizations, and new freelancer associations develop collective actions, claims-making activities, and strategies of organizing. With the aim to achieve an in-depth understanding of the increasingly extensive and populated categories of the solo self-employed, this contribution aims at reconstructing the state of the art within different fields of study, such as employment relations, labor law, industrial relations and social movements, and at offering some possible future research directions.

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Section: The Collective Representation Of Solo Self-employed Workersmentioning

confidence: 99%

Section: Self-employment In the Frame Of Labor Lawmentioning

confidence: 99%

Hybrid Areas of Work Between Employment and Self-Employment: Emerging Challenges and Future Research Directions

et al. 2020

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“…Although earlier studies found some evidence of a negative relationship between trade union density and part-time employment (Houseman, 2001), more recent studies show that many trade unions in the private and public sectors have redressed their historic reluctance to promote part-time working (Fagan et al, 2014). Currently, more and more attention in the agenda of trade unions is being paid to atypical forms of employment (including temporary work, part-time work, self-employment, and others) (Eurofound, 2010;Countouris and De Stefano, 2019). Thus, it is likely that employee involvement in trade unions provides greater security for part-time workers.…”

Section: Factors Affecting Part-time Employment In Eu-28 Countriesmentioning

confidence: 99%

Identifying the Main Determinants of Part-Time Employment in EU Countries

Miežienė

Krutulienė

Gruževskis

2021

Review of Economic Perspectives

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The article analyses the prevalence of part-time employment in different EU countries with a focus on the factors affecting the rate of part-time employment across the EU. Based on the literature review, a distinction is made between three groups of factors that are relevant for the rate of part-time employment, in particular, cyclical factors, political and institutional factors, and structural factors. The article analyses how these factors influence part-time employment rates in EU countries. The linear regression analysis based on EU-28 macroeconomic data for the period of 2007-2018 has shown that all three groups of determinants (i.e. cyclical, political and institutional as well as structural factors) affect the rate of part-time employment in the EU-28. Part-time employment is a complex phenomenon which depends on a number of factors. However, the regression analysis has found that the following political and institutional as well as structural independent variables are also significant predictors of part-time employment rates in EU Member States (EU-28): average annual wages, the tax rate on low wage earners, expenditures on children and family benefits as a percentage of gross domestic product, trade union density, and the activity rate of people aged 15-24 and 55-64. Cyclical factors (the unemployment rate in Model (1) and real GDP per capita in Model (2)) have also been found to have a significant effect on part-time employment in EU-28 countries.

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“…This is why it seems unlikely that, given the abovementioned legal scenario, the Italian system may easily switch towards a broader concept of the employing entity as the one proposed by the authors of the report, namely the one according to which the burden of employment law protections may be placed on whichever party in practice substantially determines the terms of engagement or employment of a worker. 41 However, the Italian legal system has already developed legal strategies, different from the traditional contractual ones, that seem to better deal with the issues arising from the fragmentation of the enterprise. Although this pattern is not related to a possible re-conceptualisation of the notion of the employer as the party of the contract of employment, it seems to offer some novel theoretical hints in respect of the debate regarding the problems of the personal scope of employment laws in adapting to the complexities of modern enterprises.…”

Section: Shaping the Personal Scope Of Application Of Labour Law In Fmentioning

confidence: 99%

‘New trade union strategies for new forms of employment’: Focus on Italy

Gramano

Gaudio

2019

European Labour Law Journal

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The article aims at providing an exhaustive description of the current scope of application of labour law, with the goal to assess who is entitled to exercise fundamental labour and social rights within the Italian legal system. More specifically, this assessment is used to test the main hypothesis of the Authors of the ETUC report ‘New trade union strategies for new forms of employment’, according to which the idea of the ‘personal work relation’ may be used to redefine the personal scope of application of labour law as applicable to any person that is ‘ engaged by another to provide labour, unless that person is genuinely operating a business on her or his own account’. The article concludes that, although the Italian legal system cannot be currently reframed around the idea of the ‘personal work relation’, there are few signs under Italian law of a trend of enlarging the scope of application of labour laws in order to apply certain traditional labour rights not only to employees but also to certain types of independent contractors.

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Executive summary of the report ‘New trade union strategies for new forms of employment’

Cited by 22 publications

References 0 publications

Hybrid Areas of Work Between Employment and Self-Employment: Emerging Challenges and Future Research Directions

Hybrid Areas of Work Between Employment and Self-Employment: Emerging Challenges and Future Research Directions

Identifying the Main Determinants of Part-Time Employment in EU Countries

‘New trade union strategies for new forms of employment’: Focus on Italy

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