Labour law

Eichhorst W, Konle-Seidl R (2006) The Interaction of Labour Market Regulation and Labour Market Policies in Welfare State Reform. Comparative Labour Law and Social Policy Journal 28 (1) 1 11... 

In France, activation measures as such are not specified in legal provisions, but their sphere of influence is often, but not exclusively linked to social security (securite sociale), which thus often forms the reference point in viewing constitutional requirements. Even so, legal norms from other fields of law, notably labour law, can also be of significance. 

Social security system, labour law and unemployment insurance... 

The second leg of the strategy Reforming the funding of social protection/labour law and fostering employment creation... 

The law of contract of employment is highly flexible as far as the entering into contract is concerned. Alongside the indefinite employment contract, labour law also recognises fixed-term contracts. Owing to the almost complete freedom of contract in this context, fixed terms of almost any duration are feasible. The only requirement is that the contract itself indicates how the minimum duration was determined. Several successive time limitations are moreover permitted, so that not every multiple employment relationship need necessarily evolve into an indefinite contract (Rehbinder2002 paras. 299-301 Vischer2005 228-229). 

All in all, labour law does not impede employment such that it would obstruct the implementation of structural options, thus excessively binding the employer. Nevertheless, the release from obligations under the employment contract is regulated in an equally flexible way, so that grandfathering arrangements are not ensured. 

This paper contributes to a better understanding of the changing nature of Danish labour market policies and experiences made. The paper sets out the Danish situation of the political ideas of activation (Sect. 2), changing target groups (Sect. 3), labour law (Sect. 4), unemployment insurance (Sect. 5), activation (Sect. 6), and their outcomes (Sect. 7). 

To understand a country s diverse measures of labour market policy, one must be familiar with its labour law framework within which such measures take effect. The Danish Constitution (Grundlov) contains in 75 para 1 and 2 a vague but important provision,... 

The important role of collectively agreed regulations for labour law nevertheless did not make state legislation superfluous. 

In this context, it is first of all necessary to point out the Tjenestemcendslov, which was enacted in 1919 to regulate the remuneration and conditions of service on behalf of civil servants and public-sector employees. Since that time, this public service legislation - similar to the legal situation in Germany - has formed a part of administrative law, not labour law. It applies to state employees in particular positions (i.e. in the judiciary, the police force, etc.), church officials and elemen-taiy school teachers. Municipal public servants are essentially put on a par with state civil servants under municipal law. Notable elements here are the service relationship cannot be terminated by the employer an employee s removal from office is only possible as a result of a severe disciplinary offence followed by a judicial procedure under civil service law and, in cases where an official agency is... 

This paper follows the major Danish publications on labour law A preliminary overview in German has been rendered by Diibeck (1996) and Hasselbalch (2005) and Nielsen (2003) have both written introductions in English. 

The continual growth in state legislation over the past 30 years has, time and again, led to situations in which component parts of labour law are doubly regulated. In such cases, the solution is not always simple, especially as EU legislation must be taken into account additionally and to an increasing degree. 

If employees fail to fulfil their contractual obligations for reasons that are not due to operational requirements, this constitutes a breach/non-fulfilment of the employment contract (misligeholdelse). Unlike the otherwise applicable provisions of private law, a special feature of labour law is that a fundamental breach of contractual obligations does not suffice as a reason rather, such a breach of duty must be deemed gross (grov). The employer then has the right to... 

If the legal action involves a question concerning relations between the social partners, the earlier mentioned Labour Court will have exclusive jurisdiction. Workers nevertheless have recourse to the general courts if their wage claims constitute the sole issue and the competent trade union fails to take appropriate action. If a matter in its entirety is subject to the jurisdiction of the arbitration tribunals under labour law, the Labour Court can refer the matter to these tribunals, unless the parties agree to have it adjudicated by this Court. 

Nielsen R (2003) Danish Labour Law in a Period of Transition. In Dahl B, Melchior T, Tamm D (eds.) Danish Law in a European Perspective, 2nd edn. Thomson Publishers, Copenhagen, pp. 353-370... 

Thus it follows that the constitution is not a directly applicable legal source of labour law. 

As a codification of labour law in the sense of a comprehensive labour code does not exist, a variety of legal sources must be taken into account. These include ... 

To understand protection against (unlawful) dismissal, it is first necessary to illuminate the concepts of employee and employment contract. Swedish labour law lacks a definition of the term employee . Although the main law governing the... 

In France, the implementation of activation of unemployed and needy persons is a task that is executed in various fields of law. This extends from civil and labour law, tax law and social security law to family allowances law. This means that in France activation is embodied in a very broad legal scope and framework. 

However, the country reports have shown that there is much of a common idea of activation. In all the countries being chosen for this study activation - in its description meaning - is a result of action and cooperation of several labour market and social security/protection institutions and the jobseekers. This cooperation is regulated by a very broad complex of law, predominantly social and labour law. According to the legal situation in the various countries, family allowance law, fiscal law and even administrative law are among others, also involved. 

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