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The European Working Time Directive: procedures and criticalities of its implementation

In my thesis I decided to analyze the European working time Directive, the Directive 2003/88, its strong points, its most relevant criticalities and the way it was implemented is 3 european member states, France, Poland and United Kingdom.
Working time can be considered as a crucial element in the field of working conditions for all workers, in fact, it can produce consequences of competitiveness, it plays an important role in the trade off between working and private hours and it influences gender equality.
The Working Time Directive was issued, for the first time, in 1993 and then it was amended ten years later. The Directive regulates different aspects of the working time management and regulation.
Its main objective is the actual protection of health and safety of workers.
In the first part of my research I took in analysis the directive's text, exterminating which are the provisions that the Directive introduces, all limits and standards concerning weekly working time, paid annual leaves, daily and weekly rests, the regulation of night work and so on.
In the second part I took in consideration different problems that emerged after the creation of the directive, problems which have been raised both by member states and by social partners.
In the last part of my analysis I studied the way in which the Directive was implemented in 3 member states, examinaiting their national legislations about the regulation of working time.
In general, this Directive can be considered as an innovative text, because it introduced an actual regulation, at the european level, of working time and of many other matters related to working time. Plus, it defines also some concept, as for example the concept of working time, rest time or adequate rest, which, for the first time, find an actual regulation in an european context.
At the same time, this document is very general, in some of its parts, and it allows member states to implement it in a very flexible way, thanks to the large range of possible waivers to the previous limits and standards that the directive itself allows.
In fact, this directive expresses all difficulties and contradiction that characterize the problem of organization of time in the european context in this century.
In one of its articles, Alain Supoit defines the text as schizoid text because, in the first part it set some rules and norms, while in the second part deprives them form any form of binding effect.

Mostra/Nascondi contenuto.
CHAPTER 1 WORKING TIME REGULATION IN THE EUROPEAN UNION 1.1) LEGISLATIVE SOURCES Working time is a crucial element in the field of working conditions for all workers and it's one of the main points for negotiation in collective bargaining. The issue is producing consequences for competitiveness, it plays a role in the trade off between private hours and working hours, and it reflects and influences gender equality and gender roles. For all these reasons, the issue of working time has received considerable attention in European Union and internationally policymaking discussions over the last century. 1 During the first half of the 19th century, in many countries, limiting the amount of time required on the job, was a basic tenet of labour laws. Laws on working time existed in all industrial countries and they were designed partly to offer some protection against health consequences of long or unbroken work periods. A clear sign of the significance of working time regulation are the early interventions of the various public powers to limit daily working hours in the first half of the eighteenth century, especially for children and women. Such interventions have highlighted the connection between working time and health and safety issues. The progressive regulation and reduction of the number of hours worked by employees have followed an inevitable and continuous trend. The reduction in working hours was implemented through the introduction and the extension of work breaks and of different forms of leave and time off work. At the same time, working hours were reduced through the negotiation of specific organizational agreements, such as the duration of working tasks, often in connection with the introduction of Tayloristic 2 organizational 1 “Foundation fundings: working time in the EU”, European Foundation for the Improvement of Living and Working Conditions, 2012. 2 Taylorism: the concept of scientific management of labour production in order to increase efficiency 3

Laurea liv.II (specialistica)

Facoltà: Scienze Politiche

Autore: Micol Paolino Contatta »

Composta da 122 pagine.

 

Questa tesi ha raggiunto 37 click dal 20/01/2015.

Disponibile in PDF, la consultazione è esclusivamente in formato digitale.