Competence of the EU in the field of labour and social law. Free traffic in workers. Non- discrimination of the genders:1)Art 157 TFEU 2)Directives for equal treatment and anti-discrimination. Selective regulations in labour law: (1)Obligation to inform about the conditions applicable to the contract. (2)Protection in the event of the insolvency (3)Protection in the event of transfers of undertakings and businesses,(4) Collective redundancies,(5) Employment safety regulations,(6)Working time,(7) European works council, (8)Posting of workers
Competence of the EU. Harmonization of national law on the base of Art 115  TFEU (Principe of unanimity): (1) Directives for mass dismissals (Dir. 75/129/EEC, now 98/59/EC), (2) Directives for protection in the event of transfers of undertakings and businesses (Dir.77/187/EEC, now Dir. 2001/23/EC) (3) Directives for protection in the event of the insolvency (Dir. 80/987/EEC). SingleEuropean Act 1.7.1987: qualified majority consent primarily in the field of employment safety regulations:(1) Art 114  TFEU: Approximation of laws. (2) Art 153  TFEU: Minimum requirements for directives for advancement, particularly in the working environment, for workers protection:Directives for working time (Dir. 93/104/EC, now 2003/88 EC). Protocol about social policy to the Treaty of Maastricht now in Art 154 TFEU. Agreement between the Member States in social policy
Competence of the EU. Art 153 TFEU: Minimum requirements with qualified majority consent: (1) Improvment in the field of working environment (2) Protection of worker‘s health and savety (3) Improvment of working conditions (4) Realising the principle of equal opportunities (5) Equal treatment Unanimity of legal acts about: (1) Social security and social protection for employees (2) Protection for employees at termination of the contract of employment (3) Representing and collective perception of employees and employers interest, including representative participation. Exception: remuneration, coalitions, strike and lockout rights
Competence of the EU. Aim of the European labour and social law: Harmonization to prevent distortion of competition,. accompanying measures to realize the fundamental freedoms of the TFEU: eg. (1) Reg. 492/2011 (former Reg.1612/68) on freedom of movement for workers within the Community (2) Dir. 2004/38 EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (3) Reg. 1251/70 EC on the right of workers to remain in the territory of a Member State after having been employed in that State
Socio-political aim of equal treatment (of genders) (1)
Art 157  TFEU: Principle of equal pay for male and female (2) Directive on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (Dir. 2006/54/EC) (3) Directive for anti-discrimination (former Dir. 76/207/EEC and
Freedom of movement for workers Art 45  TFEU:
(1) Abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment (Par 2) (2) Right, to accept offers of employment actually made (Para 3 lit. a) (3) Right, to move freely within the territory of Member States for this purpose (Para 3 lit. b) (4) Right, to stay in a Member State for the purpose of employment (Para 3 lit. c) (5) Right, to remain in the territory of a Member State after having been employed in that State (Para 3 lit. d; former Reg. 1251/70). Direct effect of Art 45 TFEU (ECJ – Cl Bosman, Angonese). Appropriation by the Reg. 492/2011(ex Reg 1612/68) and Dir. 2004/38 on freedom of movement for workers within the community.