The traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that... Show moreThe traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that prioritises the development of competitive labour markets through increased flexibility in work. This shift has resulted in increasing levels of ‘precarious’ work: forms on non-standard employment that places the individual in a situation where they have little security in work or power over their working situation. Examples of precarious employment include platform work, zero-hour and on-demand contracts, the repeated use of temporary/short-term contracts, and bogus/false self-employment.The European Precariat asks what level of protection is available to EU migrant workers engaged in precarious employment, who must navigate complex national migration and social security rules linked to their employment status. The thesis assesses how economic and political changes affect the constitutional and political limitations of European integration; how the legal framework applicable to precarious workers risks creating gaps in the law and excluding them from certain protections; and finally suggests how EU migrant workers engaged in precarious work can be better protected under EU law while adhering to the economic, political, and constitutional limitations of the legal system. Show less
I began this book with the observation that top remuneration in the Netherlands causes commotion and social unrest. Among other things, this unrest has led to remuneration legislation, which in the... Show moreI began this book with the observation that top remuneration in the Netherlands causes commotion and social unrest. Among other things, this unrest has led to remuneration legislation, which in the eyes of some is too intrusive and encounters legal objections. Intervention in wages is certainly not new; after World War II, the Dutch government sometimes interfered intensively with wage development. There were various reasons and justifications for this, such as economic stability, control of government spending and proportional income distribution. Partly under the influence of ILO standards on collective bargaining freedom, the role of government, more specifically in the capacity of legislator, in wage setting has diminished. In the 21st century, until now, the emphasis has been on regulating top pay. The public outcry about it obviously plays a role in this, but many other reasons have been advanced to justify this government intervention. These include prudent use of public funds and reducing financial incentives through rewarding undesirable or even risky behavior. Although the context of and reasons for intervening in top pay differ from previous pay measures, the question remains whether the government, the legislature, may do so. In this dissertation, I examined where the main legal limits of legal intervention in top pay lie. To what extent can the Dutch government legally intervene in top pay? I examined two fundamental rights, being the right to property and the right to free collective bargaining, and concurrence with equivalent remuneration standards to determine these limits. Show less
