Title page
Contents
List of Abbreviations and Acronyms 8
Acknowledgments 9
1. Introduction: Reflections on the introduction of the Universal Labour Guarantee in selected CEE countries 10
1.1. Introduction 10
1.2. The contract of employment and the employment relationship: Two sides of the same coin 11
1.3. Beyond the employment relationship: Towards universality in the scope of labour protection 12
1.3.1. Reenforcing and expanding the 'employee' category 13
1.3.2. Developing intermediate categories 14
1.3.3. 'Retargeting' labour rights: From selective targeting to universally applicable rights and benefits 15
1.4. Forthcoming chapters 16
1.5. Conclusion 18
2. Universal Labour Guarantee - The state of play of Hungarian labour law in view of the ILO's Universal Labour Guarantee, Attila Kun 20
2.1. Introduction: the ILO's Future of Work Centenary Initiative as a tool to analyse national labour laws - The case of Hungary 20
2.2. Individual labour law: Universal versus selective coverage 21
2.3. Collective labour law: The increasing irrelevance of collective representation in Hungary 23
2.4. Enforcement of labour law - Gaps between the law in 'words' and the law in 'action' 25
2.5. Further subtopics of the Initiative as reflected in Hungarian labour law 28
2.5.1. Lifelong learning 28
2.5.2. The institutions of work 29
2.5.3. Time sovereignty 31
2.6. Conclusion 32
3. Applicability of universal labour standards to persons engaged in flexible forms of work in Montenegro, Vesna Simovic 33
3.1. Basic terms 33
3.1.1. Employment relationship: Basic definition 33
3.1.2. Employee: Basic definition 34
3.1.3. Employer: Basic definition 35
3.2. Characteristics and types of employment contracts 35
3.3. Work outside the employment relationship 40
3.4. Invalidity of the employment contract 40
3.5. Conclusion 41
4. The 'grey' area between employment and self-employment and the development of non-standard forms of work: Today's context in Macedonian labour law,... 43
4.1. Introduction 43
4.2. The personal scope of the application of labour law 44
4.3. Regulation of the employment relationship and self-employment 47
4.3.1. Criteria and indicators for determining an employment relationship 47
4.3.2. The notion of self-employment and the determination of the employment status of self-employed persons 48
4.4. Non-standard forms of work in the 'grey' area between employment and self-employment (legal framework, practices and perspectives for future regulation) 50
4.4.1. Disguised employment relationship 50
4.4.2. Special contracts as forms of work outside the employment relationship 51
4.4.3. Casual work 52
4.4.4. Contractual arrangements involving multiple parties (subcontracting) 53
4.4.5. Dependent self-employment 54
4.5. Conclusion 55
5. Introduction of the Universal Labour Guarantee in national labour law and practice: A Polish perspective, Agnieszka Zwolińska 57
5.1. The Universal Labour Guarantee from the perspective of Polish constitutional and statutory law 57
5.2. The pros and cons of extending the employment relationship to all who work 59
5.3. Alternatives to the extension of the employment relationship to all who work 63
6. From employment protection to work protection: A Romanian perspective, Raluca Dimitriu 67
6.1. The starting point: A landscape of precarious work in Romania 67
6.1.1/6.1. Undeclared and under-declared work 68
6.1.2. Disguised subordinate work 68
6.1.3. Telework 70
6.1.4. Domestic work 71
6.1.5. The vulnerable position of the worker in case of multiparty work 71
6.1.6. Workers on probation 73
6.1.7. Workers who are not employees 73
6.2. Work relationships and collective bargaining 74
6.3. Looking ahead 74
6.3.1. Work relation versus employment relation 74
6.3.2. Categories of workers 75
6.3.3. Economically dependent workers (EDW) 76
6.4. Conclusion 78
7. The idea of the universal labour guarantee in the context of Serbian labour law and practice, Senad Jašarević 80
7.1. Introduction 80
7.2. Legal protection of workers in new forms of work 80
7.3. Universal Labour Guarantee and Serbian labour law 85
7.4. Conclusions 90
8. The prospect of introducing the Universal Labour Guarantee in Ukraine, Sergii Venediktov 91
8.1. Introduction 91
8.2. Fundamental labour rights and legislation of Ukraine 91
8.3. Regulation of labour in Ukraine 92
8.4. The employment relationship versus the employment contract 92
8.5. Work relations and administrative law 93
8.6. Civil law and labour law 94
8.7. Current trends 95
8.8. The impact of the COVID-19 pandemic 96
8.9. Conclusion 97
List of References 98