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Atypical work and residence in cross-border situations: The coordination of unemployment benefits 跨境情况下的非典型工作和居住:失业福利的协调
IF 0.7 Q2 Social Sciences Pub Date : 2024-06-05 DOI: 10.1177/13882627241255023
Luka Mišič, G. Strban
This article analyses the potential challenges related to the coordination of unemployment benefits under European Union law for persons whose employment or other economic activities and living arrangements are, in one way or another, dispersed across the territories of several EU Member States. Starting from the traditional cases of frontier workers and other cross-border (or mobile) workers, on the one hand, and remote work or telework, on the other, the article looks at the potential future of free movement in the EU under Regulation (EC) No. 883/2004 and its implementing regulation, Regulation (EC) No. 987/2009. New forms of work and work organisation, alongside new mobility and residency patterns, challenge the basic rules of lex loci laboris (the country of employment is competent) and lex loci domicilii (the country of residence is competent), especially when they collide in a single case. At the same time, unemployment benefits, which are at the heart of this debate, still remain subject to specific coordination (e.g. competence) rules that depart from the general legislation, possibly making effective provision in such cases even more difficult. The article gives a diverse collection of theoretical examples in which cross-border situations are either in themselves atypical and complex, or accompanied and made possible by new forms of work or work organisation, causing specific problems for the adequate and appropriate provision of unemployment benefits.
本文分析了欧盟法律规定的失业救济协调方面的潜在挑战,这些人的就业或其他经济活动和生活安排以某种方式分散在几个欧盟成员国的领土上。文章从边境工人和其他跨境(或流动)工人以及远程工作或远程办公等传统案例入手,探讨了欧盟第 883/2004 号法规(EC)及其实施细则第 987/2009 号法规(EC)下自由流动的潜在前景。新的工作和工作组织形式,以及新的流动和居住模式,对劳动地法(就业国为管辖地)和居住地法(居住国为管辖地)的基本规则提出了挑战,尤其是当它们在一个案例中发生冲突时。与此同时,作为本次辩论核心的失业救济金仍然受制于偏离一般立法的特定协调(如管辖权)规则,这可能会使此类情况下的有效规定变得更加困难。文章列举了一系列理论上的例子,在这些例子中,跨境情况要么本身就不典型和复杂,要么伴随着新的工作或工作组织形式并使之成为可能,从而对充分和适当地提供失业福利造成了具体问题。
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引用次数: 0
Coverage for platform workers and the self-employed in case of unemployment in Switzerland: Access to protection and ways of improvement 瑞士平台工人和自营职业者的失业保障:获得保护和改进方法
IF 0.7 Q2 Social Sciences Pub Date : 2024-05-22 DOI: 10.1177/13882627241256003
Sabrine Magoga-Sabatier
Whether they are self-employed, atypical employees, or self-employed using an umbrella company, there is still almost no social protection against unemployment or partial loss of activity in Switzerland for platform workers. The same can be said for the self-employed in general. This contribution shows that platform workers, irrespective of their exact legal status, and the self-employed in general, risk sanctions for taking on unsuitable work, for being insufficiently available for decent work or unable to prove a loss of income. However hard they try, they cannot even contribute to a voluntary unemployment insurance scheme. We show that the Swiss social protection scheme, a product of years of federal direct democracy, is hardly able to adapt to the fast-moving platform work environment, thus increasing the risks of precariousness and the burden on the cantons’ social assistance for the next generation.
在瑞士,无论是自营职业者、非典型雇员,还是使用保护伞公司的自营职业者,几乎都没有针对失业或部分丧失活动能力的社会保障。一般自雇人士的情况也是如此。这表明,无论其确切的法律地位如何,平台工作者和一般自营职业者都有可能因从事不合适的工作、无法充分从事体面工作或无法证明收入损失而受到制裁。无论他们如何努力,他们甚至无法向自愿失业保险计划缴费。我们的研究表明,作为多年联邦直接民主制的产物,瑞士的社会保护计划很难适应快速发展的平台工作环境,从而增加了不稳定的风险和各州为下一代提供社会援助的负担。
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引用次数: 0
The principle of adequate social protection in the European Pillar of Social Rights: Assessing the instruments used to realise its potential 欧洲社会权利支柱中的充分社会保护原则:评估用于实现其潜力的文书
IF 0.7 Q2 Social Sciences Pub Date : 2024-05-20 DOI: 10.1177/13882627241254613
Eleni De Becker
Improving the social security protection of atypical workers has been high on the EU agenda in recent years. With the adoption of the European Pillar of Social Rights in 2017, the EU wished to break away from a decade of austerity measures. The EU further developed the right to adequate social protection in the Pillar through the Recommendation on access to social protection for workers and the self-employed. This instrument urges EU Member States to ensure adequate access to social protection for workers, regardless of their employment relationship, and the self-employed. As part of the EU's recovery strategy during and after the Covid-19 crisis, several financial instruments were developed to support EU Member States. Through the Temporary Support to Mitigate Unemployment Risks in an Emergency, EU Member States received support for job retention schemes. The EU also adopted the Recovery Resilience Facility, which provided grants and loans. Another support instrument was the European Social Fund Plus. This article discusses those recent EU initiatives, focusing on unemployment and the protection of atypical workers and the self-employed. With the introduction of the European Employment Strategy (1997), a closer link was made at EU level between unemployment, increasing labour market participation and activation measures. Less attention was paid to ensuring adequate unemployment protection. In recent years, however, it appears that the EU has been playing an increasing role in providing funding for temporary support and in introducing changes to EU Member States’ policies.
近年来,改善非典型工人的社会保障保护一直是欧盟议程上的优先事项。随着2017年《欧洲社会权利支柱》的通过,欧盟希望摆脱十年来的紧缩措施。欧盟通过《关于工人和自营职业者获得社会保护的建议》,进一步发展了支柱中的充分社会保护权。该文书敦促欧盟成员国确保工人(无论其雇佣关系如何)和自营职业者充分获得社会保护。作为欧盟在 Covid-19 危机期间和之后的复苏战略的一部分,制定了若干金融工具来支持欧盟成员国。通过 "在紧急情况下减轻失业风险的临时支助",欧盟成员国获得了对保留就业计划的支助。欧盟还通过了恢复复原力基金,提供赠款和贷款。另一个支持工具是欧洲社会基金补充基金。本文将讨论欧盟最近的这些举措,重点是失业问题以及对非典型工人和自营职业者的保护。随着《欧洲就业战略》(1997 年)的出台,欧盟在失业、提高劳动力市场参与率和激活措施之间建立了更紧密的联系。对确保充分的失业保护则关注较少。不过,近年来,欧盟在为临时支助提供资金和改变欧盟成员国的政策方面似乎发挥了越来越大的作用。
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引用次数: 0
Re-interpreting basic values underlying social security law in times of climate change and ecological crisis 在气候变化和生态危机时期重新诠释社会保障法的基本价值
IF 0.7 Q2 Social Sciences Pub Date : 2024-05-20 DOI: 10.1177/13882627241254612
Anja Eleveld
Shaping solidarity, guaranteeing basic subsistence, maintaining income and employment activation can be seen as basic values underlying social security law in many European welfare states. This article argues that the meaning of these values or concepts is determined by legitimating discourses within which they are interpreted. While so far Rawls's theory of justice and related egalitarian liberal philosophies have had a great impact on these discourses, the ecological crisis has given rise to new discourses which are inspired by neo-republican theory and green republicanism. Instead of legitimising a capitalist economy based on economic growth, these discourses promote a post-productive society that seeks to realise human flourishing and meaningful lives. The aim of this article is to contribute to the emerging debate on social security reform by explaining how neo-republican theory and green republicanism can fill social security law's basic values or concepts with meaning that is more in line with current ecological concerns. In contrast to previous contributions that have sought to rethink labour and social security law (‘social law’) in a way that is more compatible with our ecological and climate crisis, this article builds on Poststructuralist Discourse Theory to develop its argument.
在许多欧洲福利国家,塑造团结、保障基本生活、维持收入和激活就业可被视为社会保障法的基本价值。本文认为,这些价值或概念的含义是由解释它们的合法化论述决定的。迄今为止,罗尔斯的正义理论和相关的平等主义自由哲学对这些论述产生了巨大影响,而生态危机则催生了受新共和主义理论和绿色共和主义启发的新论述。这些论述不再使以经济增长为基础的资本主义经济合法化,而是提倡后生产社会,以实现人类的繁荣和有意义的生活。本文旨在通过解释新共和主义理论和绿色共和主义如何为社会保障法的基本价值或概念注入更符合当前生态关切的意义,从而为新出现的社会保障改革辩论做出贡献。与以往试图以更符合生态和气候危机的方式重新思考劳动和社会保障法("社会法")的文章不同,本文以后结构主义话语理论为基础展开论述。
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引用次数: 0
Establishing Healthcare Discrimination: An Analysis of Scandinavian Equality Boards 建立医疗保健歧视:斯堪的纳维亚平等委员会分析
IF 0.7 Q2 Social Sciences Pub Date : 2024-05-15 DOI: 10.1177/13882627241249004
Katharina Ó Cathaoir
Discrimination in healthcare is a pervasive issue faced by patients, affecting their access to treatment and overall well-being. This article examines the forms of healthcare discrimination recognised by Scandinavian equality boards through a comparative analysis of their decisions. While social science studies have established the existence of discrimination based on ethnicity, race, gender, sexuality, and age, proving such discrimination in legal terms poses significant challenges. An analysis of board decisions reveals that patients face barriers in establishing legally actionable discrimination, as perceived discriminatory conduct may not meet the criteria for legal claims. Additionally, equality boards are often hesitant to intervene in medical decision-making processes, further complicating the path to legal recourse. Lack of evidentiary support, especially in cases of unconscious bias, makes it difficult for some patients to substantiate claims of discrimination. The findings underscore the complexities of addressing healthcare discrimination through legal means. To effectively combat discrimination, there is a need to clarify the goals of discrimination law in the healthcare context and consider its future application within the broader context of human rights and equality.
医疗歧视是患者面临的一个普遍问题,影响着他们获得治疗和整体健康。本文通过对斯堪的纳维亚平等委员会的决定进行比较分析,探讨了这些委员会认可的医疗歧视形式。虽然社会科学研究已经证实了基于民族、种族、性别、性取向和年龄的歧视的存在,但要在法律上证明这种歧视却构成了巨大的挑战。对委员会决定的分析表明,患者在确定可诉诸法律的歧视方面面临障碍,因为他们认为的歧视行为可能不符合法律索赔的标准。此外,平等委员会在干预医疗决策过程时往往犹豫不决,这使得法律追索的途径更加复杂。由于缺乏证据支持,特别是在无意识偏见的情况下,一些患者很难证实自己受到歧视的说法。研究结果凸显了通过法律手段解决医疗歧视问题的复杂性。为了有效打击歧视,有必要明确歧视法在医疗保健领域的目标,并在更广泛的人权和平等背景下考虑其未来的应用。
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引用次数: 0
Books Review: Western Welfare Capitalisms in Good Times and Bad by Bruce Headey, Ruud Muffels and John Quiggin 书评:布鲁斯-海迪、鲁德-穆菲尔斯和约翰-奎金著《顺境与逆境中的西方福利资本主义
IF 0.7 Q2 Social Sciences Pub Date : 2024-05-15 DOI: 10.1177/13882627241248957
Mel Cousins
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引用次数: 0
Social assistance and the end of poverty 社会援助与消除贫困
IF 0.7 Q2 Social Sciences Pub Date : 2024-03-25 DOI: 10.1177/13882627241241469
Stine Jørgensen
This article aims to address the stigma and stereotypes inherent in the system of social assistance by addressing poverty as a matter of discrimination. Through the lens of discrimination, the article argues that the welfare system reproduces the very structures it aims to abolish in its alleged care for people living on the margins.
本文旨在通过将贫困作为歧视问题来解决社会援助制度中固有的污名化和陈规定型观念。通过歧视的视角,文章认为,福利制度在其所谓的对生活在边缘的人们的关怀中,再现了其旨在废除的结构。
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引用次数: 0
Mapping social protection coverage for platform workers: A comparative analysis of Belgium, Italy and the Netherlands 绘制平台工人的社会保护覆盖图:比利时、意大利和荷兰的比较分析
IF 0.7 Q2 Social Sciences Pub Date : 2024-03-21 DOI: 10.1177/13882627241236489
Eleni De Becker, Hyojin Seo, Valeria Pulignano, Paul Schoukens
The aim of this paper is to examine if and how the reclassification of platform workers from self-employment status to employment status can provide them with adequate social security protection. Little is known about how this transition would guarantee platform workers adequate social protection within the social protection scheme for employees. National social security schemes, in particular income replacement benefit schemes, often (still) depart from the standard employment relationship, leading to lower protection for atypical work forms. Platform workers combine several of the characteristics of atypical forms of work, such as low earnings, irregular working patterns and working. Integrating platform workers into employee social security schemes faces additional challenges due to the online nature of their work, algorithmic management, high levels of unpaid labor, and employer identification difficulties. This paper focuses on unemployment protection, as EU Member States struggle to provide adequate protection for workers with irregular work patterns and income fluctuations, in the case of (short term) income replacement benefits. By constructing nine ideal work patterns reflective of diverse nature of platform work and current practices among platform work, we analyse how different types of ‘employed’ platform workers may fare within the legislation of three EU countries (Belgium, Italy, and the Netherlands). This approach allows us to assess the applicability of unemployment protection to different working patterns among 'employed' platform workers, considering formal, effective, and adequate access to unemployment schemes as outlined in the Council Recommendation on access to social protection for workers and the self-employed (2019).
本文旨在探讨将平台工人从自雇身份重新分类为就业身份能否以及如何为他们提供充分的社会保障保护。人们对这一转变如何保证平台工人在雇员社会保障计划内获得充分的社会保障知之甚少。国家社会保障计划,特别是收入替代福利计划,往往(仍然)偏离标准雇佣关系,导致对非典型工作形式的保护较低。平台工人兼具非典型工作形式的几个特点,如收入低、工作模式不规则和工作。由于其工作的在线性质、算法管理、高水平的无偿劳动以及雇主识别困难,将平台工人纳入雇员社会保障计划面临更多挑战。本文的重点是失业保障,因为欧盟成员国在(短期)收入替代福利方面,努力为工作模式不固定、收入波动大的工人提供充分的保障。通过构建九种理想的工作模式,反映平台工作的不同性质和平台工作的现行做法,我们分析了不同类型的 "受雇 "平台工人在三个欧盟国家(比利时、意大利和荷兰)的立法中可能会受到的待遇。这种方法使我们能够评估失业保护对 "受雇 "平台工作者不同工作模式的适用性,同时考虑到《关于工人和自营职业者获得社会保护的理事会建议》(2019 年)中概述的正规、有效和充分的失业计划。
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引用次数: 0
Overview of recent cases before the European Court of Human Rights and the European Committee of Social Rights (June 2023 – December 2023) 欧洲人权法院和欧洲社会权利委员会近期审理的案件概览(2023 年 6 月至 2023 年 12 月)
IF 0.7 Q2 Social Sciences Pub Date : 2024-03-13 DOI: 10.1177/13882627241236488
Eleni De Becker
This case law report discusses two cases before the European Court of Human Rights and two cases before the European Committee of Social Rights. The first case (Pająk and others v. Poland) concerns the introduction of a lower and different retirement age on the basis of sex for judges of the Polish Constitutional Court. In the case X and others v. Ireland, the ECtHR had to examine the extent to which the residence requirement for child benefits violated Article 14 ECHR, read in conjunction with Article 8 ECHR and Article 1 of the Additional Protocol to the ECHR. Child benefits were paid only to claimants who were fully resident in Ireland, and the applicants, who were awaiting a decision on their residency status, did not fulfil this requirement under Irish law. The collective complaint no. 167/2018 (Sindacato autonomo Pensionati Or.S.A. v. Italy) concerned an alleged violation of Article 12 (3) ESC due to the total or partial suspension of the automatic indexation of a large share of pensions in 2011. The measure was extended in 2015 and revised in 2018, taking into account the position of particularly vulnerable persons. In the last case (collective complaint no. 185/2019, European Roma Rights Centre (ERRC) v. Belgium), the applicants argued that their right to social assistance had been violated, as they had not received social assistance benefits following a police investigation. The ECSR did not go along with the applicants’ claim.
本判例法报告讨论了欧洲人权法院审理的两个案件和欧洲社会权利委员会审理的两个案件。第一起案件(Pająk 等人诉波兰)涉及对波兰宪法法院的法官实行基于性别的较低和不同的退休年龄。在 X 等人诉爱尔兰案中,欧洲人权法院必须审查儿童福利的居住要求在多大程度上违反了《欧洲人权公约》第 14 条(与《欧洲人权公约》第 8 条和《欧洲人权公约附加议定书》第 1 条一并解读)。儿童福利只支付给完全居住在爱尔兰的申请人,而申请人正在等待关于其居住身份的决定,根据爱尔兰法律,他们不符合这一要求。第 167/2018 号集体申诉(Sindacato autonomo Pensionati Or.S.A.诉意大利)涉及据称违反《经济、社会、文化权利国际公约》第 12(3)条的行为,原因是 2011 年全部或部分暂停了大部分养老金的自动指数化。考虑到特别弱势者的处境,该措施于 2015 年延长,并于 2018 年修订。在最后一个案件(第 185/2019 号集体申诉,欧洲罗姆人权利中心(ERRC)诉比利时)中, 申诉人辩称,他们获得社会援助的权利受到了侵犯,因为在警方调查后,他们没有获得社会 援助福利。欧洲社会权利中心不同意申请人的主张。
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引用次数: 0
Book Review: Handbook on Migration and Ageing by Sandra Torres and Alistair Hunter 书评:桑德拉-托雷斯和阿利斯泰尔-亨特的《移民与老龄化手册
IF 0.7 Q2 Social Sciences Pub Date : 2024-02-21 DOI: 10.1177/13882627241234144
Kristina Balenović
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引用次数: 0
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European Journal of Social Security
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