25 augustus 2013

IJCLLIR, vol 29 (2013): 3de nummer uit

De inhoudstafel:

'Labour Trafficking in China: Analysis and Recommendations', Sophia Kagan, Issue 3, pp. 259–282

Despite the likely prevalence of trafficking for labour exploitation in China, law enforcement agencies focus narrowly on the two areas that the government regards as priorities for anti-trafficking activities: the elimination of the illegal adoption of babies and the sexual exploitation of women. Drawing on a review of Chinese legislation, analysis of reports and interviews with experts, this article examines the scale of trafficking for labour exploitation and the scope and effectiveness of the legislation drafted to combat this crime.

'The Principle of Effet Utile and Its Impact on National Methods for Enforcing the Rights of Posted Workers', Miriam Kullmann, Issue 3, pp. 283–303

Although Member States are largely free to decide how to monitor and enforce the rights of posted workers, they are nonetheless bound to comply with EU law. In doing so, Member States must adhere not only to the principle of effet utile, setting minimum requirements, but also to the limits imposed by the freedom to provide services, placing a ceiling on national methods. Member States adopt different enforcement methods, though generally the following three are to be found: the state-oriented, the judicial and the industrial relations enforcement methods. Starting from this distinction, the article analyses the relation between EU law and national law, examining cases in which national methods for enforcing the rights of posted workers have come under the scrutiny of the Court of Justice of the European Union. An attempt is then made to identify the Member States' room for manoeuvre.

'Mandatory Retirement in the EU and the US: The Scope of Protection against Age Discrimination in Employment', Anja Wiesbrock, Issue 3, pp. 305–324

This paper discusses the divergent approaches towards age discrimination in employment and mandatory retirement in the EU and the US. It challenges the perception that older workers seeking to work beyond the retirement age enjoy a significantly higher degree of protection from discrimination in the US. Even though US law strictly outlaws mandatory retirement, it does not adequately protect older employees form employer practices that are indirectly discriminatory and that may have the same effect as mandatory retirement provisions. When aiming for substantive equality, which not only prohibits mandatory retirement by law, but also prevents the practical effect of older employees being forced to retire against their will, it appears that US employees are in a similarly vulnerable position to their European counterparts.

'Integrative Employment and Social Security Rights', Lilach Lurie, Issue 3, pp. 325–347

Workers today face many labour market transitions (e.g., between work and caring for family members). This article is intended to make two main contributions to the ongoing debate on how the law should regulate labour market transitions. First, it aims to promote a better understanding of existing and theoretically possible employment and social security provisions by placing them on a spectrum of regulatory models, from individual to integrative regulation. Second, it examines the concept of Integrative Employment and Social Security Rights (IERs), as one of the models on the spectrum. IERs are legal rights that apply to workers in several or all labour market transitions (e.g., the right to request working reduced hours). The application of IERs has several justifications (e.g., promoting individual autonomy and fighting discrimination) tempered with considerations that would at times limit their usage (e.g., inefficiencies). By presenting the justifications for IERs as well as the limitations on their normative application, the article provides a possible roadmap for rethinking employment and social security law.

De volledige tekst van de artikelen is, tegen betaling, te vinden op de website van Kluwer Law Online.

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