Hugo Sinzheimer Institut

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Rechtsvergleichendes Gutachten über Crowdwork von Prof. Dr. Bernd Waas, Prof. Wilma B. Liebman, Andrew Lyubarsky und Prof. Katsutoshi Kezuka in der HSI-Schriftenreihe veröffentlicht.

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22.09.2017   - Int. Labour Law
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Zeitschrift Soziales Recht

Das HSI gibt in Kooperation mit dem Institut für Arbeitsrecht der Universität Göttingen die Zeitschrift Soziales Recht im Bund-Verlag heraus.

Workshop: Fundamental Social Rights of Persons Working for European Institutions and Agencies

The Hugo Sinzheimer Institut für Arbeitsrecht (HSI), together with the European Federation of Public Services Unions (EPSU), the Union Syndicale Fédérale (USF) and the International and European Public Services Organisation (IPSO) held in Frankfurt on 23 and 24 June 2014 a workskop on fundamental social rights of persons working for European Institutions and agencies.
More than 50 participants from academia, staff and union representatives from EU institutions discussed about the fundamental social rights enshrined in the Charter of Fundamental Rights of the European Union. The workshop took place in Frankfurt on the Premises of the ECB who kindly offered the conference facilities.
The workshop was chaired by Prof. Dr. Manfred Weiss (Johann Wolfgang Goethe-University Frankfurt). After welcoming remarks by the Chair and by Dr. Johannes Heuschmid (HSI) and Johannes Priesemann (IPSO) Prof. Dr. Kieran Bradley (Judge at the Civil Service Tribunal) held his keynote lecture:

Enforcement and Effect of the Charter of Fundamental Rights in European Institutions and Agencies

In his lecture Prof. Dr. Kieran Bradley gave an overview of European Court rulings corroborating and developing fundamental social rights even prior to the adoption of the Charter. While the Charter would not lead to a dramatic change, after the adoption of the Charter, a culture of fundamental rights was evolving. Staff of European Institutions and Agencies was clearly best placed to contribute to this culture since undoubtedly the Charter would set the standard for all their staff rules and the conditions. While referring to cases of substantive rights Bradley saw a slight influence of the Charter. The mere fact of it encapsulating the fundamental rights in one concise and easily accessible document fosters the fundamental rights culture.

In three subsequent panels a staff representative introduced the issue at stake and a legal expert discussed the issue in light of Charter and European labour law.

Precarious Work in European Institutions and Agencies

Peter Kempen (USF) stated that precarious work occurred frequently at the European Institutions and Agencies. He recommended an active, transparent and clear reference to the rights emanating from the Charter as well as from the relevant Directives which principally should be called upon. If needed, legal action should be taken.
Prof. Dr. Marlene Schmidt provided an overview of precarious work. There is no case law identifiable that would shed light on the question as to how the Charter would protect persons in precarious work. As to temporary agency work the applicability of national law is usually excluded. While, pursuant to the Directive, national law has to ensure that temporary agency workers have access to internal vacancies, the institutions may refuse such applications. Whether this is compatible with the Charter and the Directive remains to be seen.

Compatibility of Social Security Schemes of European Institutions and Agencies with National Systems

Kempen introduced flagged that in case of unemployment the aid provided by EU schemes ended after a maximum of 36 months. Thereafter, former EU employees had to rely on national rules. The interplay of the social security systems still showed many gaps.
Prof. Dr. Eichenhofer (Friedrich-Schiller-University, Jena), spoke about the compatibility between the EU and national social security schemes. He recalled the scope of social security schemes which is defined by ILO Convention No 102 (1952). This concept is the basis of EU law as laid down in Art. 3 of Regulation (EC) 883/2004 whose substantial provisions of social security concur with the ILO definition. EU institutions provide their employees on the basis of EU legislation also for these contingencies. The Charter guarantees these rights in Articles 33 to 35.

Participation Rights in European Institutions and Agencies

Johannes Priesemann (IPSO) referred to the rationale of participation rights: the human dignity which mandatorily required a say of employees in the matters that affect their own work.
Dr. Audrey Blot (advocate, Lallemand & Legros) provided an overview over participation rights both de lege lata as well as in the European case law.
Each of the panel sessions as well as the keynote lecture were followed by intensive, case oriented discussions between the panellists and the audience and summarised to the point by Weiss.