The contribution focuses on the question of the freedom to establish, operate, and join trade unions and the autonomy of the collective bargaining in case when dependent work is performed in non-standard forms outside of the standard employment relationship. The author is committed to a broad interpretation of the concept of a "worker" and the autonomy of collective bargaining including in case of new forms of dependent work outside of the standard employment relationship.
COBISS.SI-ID: 287314
The paper analyses two different approaches of 'gig work!, from a common law and civil law perspective within the EU, and evaluates their efficacy. As the issue of protection of ‘gig’ workers is greatly affecting the role of trade unions, an evaluation of their legal and social position is also presented.
COBISS.SI-ID: 1540595396
The contribution deals with the protection against dismissal in contemporary labour law. The contribution points out that although some would argue that stable, standard employment relationships do not fit anymore into the nowadays world of work, characterized by rapid and constant changes, a variety of employment forms, contractualization and deconstruction of the concept of the worker and that, consequently, workers’ protection in case of termination of their employment is an outdated topic, this is far from the reality. Adequate protection for workers in case of termination of their employment, whatever their form of employment, i.e., standard or non-standard, is crucial for the development of every society. However, it seems that protection against dismissal has remained a ‘privilege’ of workers with a standard contract of employment, whereas new forms of work are characterized by the absence of such protection and that, consequently, there is a tense relationship between dismissal protection (and other rights) of regular workers and precariousness of non-standard forms of employment. That represents a strong pressure on the lowering of the general level of labour protection for all workers. It can be argued that precariousness is gradually becoming a general feature of employment relations and societies in general. Not only non-standard work but also the so-called standard employment patterns are more and more insecure, precarious and vulnerable. The protection against unfair dismissal is and should remain one of the core issues of labour law. Its effects go beyond the mere protection of workers against the loss of a particular job.
COBISS.SI-ID: 5026405