European Employment Law, 2nd edition

This volume covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.
Karl Riesenhuber
Ius Communitatis
book | published | 2nd edition
January 2022 | lxiv + 1016 pp.


ISBN 9781839701511

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European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.

The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.

European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.

KARL RIESENHUBER is Professor of Private Law, German and European Commercial and Economic Law at Ruhr-Universität Bochum.

Table of Contents

Table of contents and preliminary pages (p. 0)

§1. European Employment Law: Introduction, Subject Matter, Sources of Law, Overview, Methods (p. 1)


§2. Fundamental Rights (p. 51)

§3. Fundamental Freedoms (p. 99)

§4. Competition Law and Labour Law (p. 165)

§5. Legislative Competences (p. 173)


§6. Conflict of Laws – The Rome I and Rome II-Regulations (p. 205)

§7. The Posting of Workers Directive (p. 233)

§8. The Brussels Ia-Regulation on Jurisdiction and the Recognition and Enforcement of Judgments (p. 257)


CHAPTER 1. ANTI-DISCRIMINATION LAW§9. The Principle of Equality and Prohibitions of Discrimination – General Part: Sources of Law and Instruments of Protection (p. 273)

§10. Prohibition of Sex Discrimination (p. 331)

§11. Race Discrimination Directive (p. 369)

§12. The Equal Treatment Framework Directive (Religion, Belief, Disability, Age and Sexual Orientation) (p. 375)

CHAPTER 2. DATA PROTECTION§13. General Data Protection Regulation (p. 413)


CHAPTER 1. EMPLOYMENT CONDITIONS§14. The Transparency Directive (p. 447)

§15. Whistleblower Directive (p. 475)

CHAPTER 2. WORKERS’ SAFETY AND HEALTH§16. The Safety and Health Framework Directive (p. 499)

§17. The Working Time Directive (p. 519)

CHAPTER 3. ATYPICAL FORMS OF EMPLOYMENT§18. Atypical Forms of Employment – Overview and General Part (p. 559)

§19. The Part-Time Work Directive (p. 571)

§20. The Fixed-Term Work Directive (p. 591)

§21. The Temporary Agency Work Directive (p. 619)

§22. The Temporary Work Health and Safety Directive (p. 641)

CHAPTER 4. PROTECTION OF SPECIFIC GROUPS OF WORKERS§23. The Maternity Protection Directive (p. 647)

§24. The Parental and Carers’ Leave Directive (p. 673)

§25. The Young People at Work Directive (p. 693)


§27. The Transfer of Undertakings Directive – With an Appendix on the Takeover Directive (p. 735)

§28. The Insolvency Protection Directive (p. 803)


§29. European Law on Employee Involvement – Introduction and Overview (p. 823)

§30. The Information and Consultation Framework Directive (p. 845)

§31. The European Works Council Directive (p. 863)

§32. Employee Involvement in the European Company and in the European Cooperative Society (p. 903)

§33. Cross-Border Structural Measures (Conversion, Merger, Division) and Employee Participation (p. 943)

§34. Employee Involvement in the European Private Company (p. 977)

About the series:

Ius Communitatis

The series Ius Communitatis – Textbooks on European Union Law de lege lata focuses on various aspects of European Union Law.

The volumes cover the most important topics in the ‘Europeanisation’ of law. For practitioners – solicitors and barristers, corporate lawyers, judges or lawyers in state authorities or ministries – who do not wish to turn a blind eye to European law, the series provides a reliable treatment with sufficiently detailed references to the important problems. The volumes provide practitioners with all they need on the EC level, and moreover give comparative law and legal policy insight. As a series, they give an overview of those areas most affected by European law. Likewise, they provide advanced students with material for excellent examination results. Each volume is written by an authoritative expert in the field. The remaining volumes will follow in 2008 and 2009. All the books in the Ius Communitatis-Series focus on Community regulations as experienced in daily practice. Each volume covers the entire field of law in a distinctive and comprehensive way.

The series is published under the editorial supervision of Prof. Dr. Dr. Stefan Grundmann LL.M. (Humboldt-Universität zu Berlin, Germany), the co-founder of the Society of European Contract Law (SECOLA).

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