LECTURE 3 - labor law Flashcards

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1
Q

Labor law (definition)

A

Labor law is a set of diverse norms regulating the relationship between the workers, employing entities, trade unions and the government

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2
Q

Why labor law? (4)

A
  • Reduces the unequal bargaining power between the employee and employer
  • Protects the employee from abuse
  • Allows employer to plan and control employee
  • Advantages and limits are experienced as employee, employer, manager business owner
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3
Q

Sources of the labor law (7)

A
  • Interntional treaties and agreements
  • EU Directives
  • Member State’s laws
  • Case law
  • Collective labor agreements
  • UN International Convenant on Economic, Social and Cultural Rights (ICESCR)
  • European Social Charter
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4
Q

Aspects of labor law (8)

A
  • Freedom of employmen
  • Nature of the contract
  • Lenght of the contract and termination
  • Minimum wage
  • Labor conditions
  • Non-discrimination
  • Right to organize and collective bargaining
  • Social security
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5
Q

Civil law contract

A

Usually made for a task, is limited in time and does not provide special rights. The control is focused on result rather than performance

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6
Q

Employment contract

A

Usually made for a function, longer and more stable, and provides additional benefits/guarantees to the worker. Employer exercises control over daily activities of the employees.

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7
Q

Criteria for employment contract (3)

A
  • One of the parties is an individual
  • The contract is made for long or undefined time
  • The contract is made to fulfil a certain function
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8
Q

Tests to qualify the employment contract (3)

A
  • Control test
  • Integration test
  • Economic reality test
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9
Q

Dutch Tax Authority test (7)

A
  • Duration of the agreement (longer -> e)
  • Scope of the work (more hours -> e)
  • Nature of the work (core activities -> e)
  • Level of payment ( below average -> e)
  • Organizational integration (integrated -> e)
  • Liability of contracter (not liable for damages -> e)
  • Execution of work (controlled by -> e)
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10
Q

Discrimination (definition)

A

The unequal treatment in similar cases based on irrelevant factors

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11
Q

Direct discrimination (definition)

A

Explicit disadvantage based on irrelevant factors

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12
Q

Indirect discrimination (definition)

A

Implicit disadvantage based on irrelevant factors

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13
Q

Positive discrimination (definition)

A

Advantaging someone who is generally disadvantaged due to an irrelevant factor

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