Highly mobile workers and the coordination of social security in the EU : opening and closing Pandora's box

著者

    • Ooij, Eva Catharina van

書誌事項

Highly mobile workers and the coordination of social security in the EU : opening and closing Pandora's box

Eva Catharina van Ooij

Eleven International Publishing, c2022

  • : hbk

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注記

Includes bibliographical references (p. 269-296)

内容説明・目次

内容説明

In a globalizing world, national borders are frequently crossed. Moreover, flexibility is a key skill in the knowledge economy of the 21st century. Accordingly, an increasing number of workers can be labelled as 'highly mobile', which are persons that combine various forms of work (on-call contracts, employment agency work, platform-work, teleworking etc.) that are carried out in several countries. This book provides an in-depth analysis of a current and pressing problem for an increasing group of working people, whose social (security) protection is unclear or even non-existent. The main rule of EU social security law prescribes that the law of the Member State where the person works applies. When there are several work countries involved, the multi-activity rule of Article 13 of Regulation 883/2004 is to be applied. According to this conflict rule, the applicable social security legislation is to be determined by the place of work or the place of residence. Which of these two connecting factors is decisive in situations of high mobility? The rather simple question of where is the highly mobile worker socially insured may become a difficult one. The consequences for highly mobile workers and their employers are that social rights and obligations are not only sometimes difficult to determine, one could also question whether the applicable legislation as determined by the conflict rules of Regulation 883/2004 is appropriate for a certain highly mobile situations. While some problems are more of a technical-legal nature, others rather stem from procedural and administrative issues. How could these problems be addressed by EU social security law? With many forms of flexible work and work activities increasingly being performed in several Member States, it seems more important than ever to map out mobility-related issues that highly mobile workers may encounter and to explore possible routes towards more legal certainty regarding their social security protection. That is exactly what the research presented in this book aims to attain.

目次

  • Chapter 1: Introduction
  • 1 The research in a nutshell
  • 2 Setting the scene
  • 3 Research purpose
  • 4 Methodology
  • 5 Relevance and added value
  • 6 Research limitations
  • 7 Structure of the book
  • Part I
  • Chapter 2: Highly mobile workers challenging Regulation 883/2004: Pushing borders or opening Pandora's box?
  • 1 Introduction
  • 2 EU social security law
  • 3 Article 13: Working in various Member States
  • 4 Practical challenges for HMWs
  • 5 Closing remarks: Article 13, a marriage between strict requirements and legal ambiguities?
  • Chapter 3: The judicial finetuning of the EU rules determining the applicable social security legislation
  • 1 Introduction
  • 2 The simultaneous pursuit of activities in two or more Member States
  • 3 Posting
  • 4 Abuse and Fraud
  • 5 Employment and/or residence outside the EU
  • 6 Gaps in social security protection
  • 7 Conclusion
  • Part II
  • Chapter 4: Possible routes towards legal certainty for highly mobile workers under current Regulation 883/2004
  • 1 Introduction
  • 2 Increasing transparency and clarity in terms and rules ex ante
  • 3 Transcending the limits of the EU social security law
  • 4 A social security 'crash barrier' by the CJEU?
  • 5 Conclusion
  • Chapter 5: Possible routes towards legal certainty for highly mobile workers while thinking out-of-the-(pandoras)-box
  • 1 Introduction
  • 2 Adapting the system of conflict rules of Regulation 883/2004
  • 3 Expanding the system of conflict rules of Regulation 883/2004
  • 4 Going beyond the existing framework
  • 5 Conclusion
  • Chapter 6: Feasibility and implementation challenges on multiple action levels
  • 1 Introduction
  • 2 A short sketch of social policy competences of the EU
  • 3 Legal policy instruments and different levels of action
  • 4 Conclusion
  • 5 Annexes
  • Chapter 7: Concluding remarks and policy recommendations
  • 1 Introduction
  • 2 Research outcome regarding legal uncertainty for HMWs
  • protection for highly mobile workers in the light of EU law
  • effects
  • 3 Closing Pandora's box: Recommendation and considerations towards more legal certainty for HMWs
  • financial relief and incentives
  • Bibliography

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