Bernd Waas – författare

Die Möglichkeit, Berufstätigkeit und Pflege miteinander zu vereinbaren, ist ein entscheidender Faktor zur Sicherstellung der Betreuung Pflegebedürftiger. Aktuell werden mehr als die Hälfte der Pflegebedürftigen zu Hause durch Angehörige betreut.

Für die Übernahme der Pflege durch Angehörige ist insbesondere die finanzielle Situation von Pflegebedürftigem und pflegendem Angehörigen von Bedeutung. Vor diesem Hintergrund beleuchtet die Arbeit die Regelungen des Familienpflegezeitgesetzes näher.

Zunächst wird der Rechtsanspruch auf Familienpflegezeit hinsichtlich seiner Verfassungsmäßigkeit geprüft und die Rechtfertigung des Eingriffs in Art. 12 Abs. 1 GG durch Art. 6 Abs. 1 GG und Art. 3 Abs. 2 GG herausgearbeitet. Der Vorschlag zu einer künftigen, effizienteren Finanzierung der Familienpflegezeit nimmt vertieft die Finanzierung durch Steuermittel in Anlehnung an das Elterngeld sowie eine Finanzierung im Rahmen der sozialen Pflegeversicherung in den Blick.

The right of workers to 舖strike舗 舒 to refuse to work pending the outcome of employer-employee negotiations concerning specified demands 舒 is legally recognized virtually worldwide. Yet national laws on strike action vary enormously, both in terms of the extent of state regulation and of specific procedural rules. The importance of strike law becomes obvious when taking the enormous economic and financial consequences of strikes into account. Considering how many people and businesses are affected by strike actions 舒 particularly with the globalization of industry 舒 the value of a comparative assessment of the right to strike becomes very clear.

The ''full-time job'' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of ''atypical'' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries

Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following:

Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions.

This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors'' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Collective Bargaining for Self-Employed Workers in Europe

Approaches to Reconcile Competition Law and Labour Rights

Founding Editor: Roger Blanpain

General Editor: Frank Hendrickx

Edited by Bernd Waas & Christina Hießl

The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law.

In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States.

The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist.

Among the many issues discussed in this book are the following:

The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively.

This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

Collective Bargaining for Self-Employed Workers in Europe

Approaches to Reconcile Competition Law and Labour Rights

Founding Editor: Roger Blanpain

General Editor: Frank Hendrickx

Edited by Bernd Waas & Christina Hießl

The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law.

In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States.

The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist.

Among the many issues discussed in this book are the following:

The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively.

This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.