Restatement of Labour Law in Europe
Volume I
The Concept of Employee
Edited by
Bernd Waas and Guus Heerma van Voss
OXFORD AND PORTLAND, OREGON 2017
Hart Publishing
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First published 2017
© Bernd Waas and Guus Heerma van Voss 2017
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British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library.
ISBN: HB: 978-1-50991-244-5 ePDF: 978-1-50991-241-4 ePub: 978-1-50991-242-1
Library of Congress Cataloging-in-Publication Data Names: Waas, Bernd, editor. | Voss, Guus Heerma van, editor.
Title: Restatement of labour law in Europe : the concept of employee / Edited by Bernd Waas and Guus Heerma van Voss.
Description: Portland, Oregon : Hart Publishing, 2017. | Includes bibliographical references and index. | Description based on print version record and CIP data provided by publisher; resource not viewed.
Identifi ers: LCCN 2017013598 (print) | LCCN 2017020854 (ebook) | ISBN 9781509912421 (Epub) | ISBN 9781509912445 (hardback : alk. paper)
Subjects: LCSH: Labor laws and legislation—Europe.
Classifi cation: LCC KJC2855 (ebook) | LCC KJC2855 .R47 2017 (print) | DDC 344.401—dc23 LC record available at https://lccn.loc.gov/2017013598
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With fi nancial support from the European Union
Acknowledgements
First of all, thanks are due to the members of the European Labour Law Network for their ongoing and long term commitment. This fi rst volume of the Restatement is the result of a joint effort by a unique group of labour law experts in Europe. The ideas offered and the comments made by the members helped immensely to set this project on its current trajectory.
Moreover, I would like to express my very great appreciation to Effrosyni Bakirtzi and Dr Marta Otto for their valuable and constructive sugges- tions during the planning and development of the Restatement project and for their support with editing this book. Lukas Straub and Jan Rummel adjusted the text to the publisher’s house style. Hendric Stolzenberg joined the editing team late, but supported the project whole-heartedly. The proof- reader, Niki Rodousakis did a really great job in terms of improving the language.
I would like to extend my thanks to two former staff members: Christine Marburger played a crucial role in relaunching the Restatement project.
Sylvia Wenzel, though not actively involved in the project, backed all activities.
My thanks also go to our project partners: the European Trade Union Confederation, the Confederation of German Employers’ Associations, the European Association of Labour Court Judges, the European Employment Lawyers Association and the European Foundation for the Improvement of Living and Working Conditions.
Without the support provided by the European Commission, this volume would not have seen the light of day. I am grateful for their support and understanding. Last but certainly not least, thanks are due to Hart’s editing team around Tom Adams. We could not have hoped for better partners.
Bernd Waas General Editor Frankfurt, May 2017
Contents
Acknowledgements ... v
List of Contributors ... xi
Introduction ... xxi
Restatement Text ... xxiii
Comparative Overview ... xxvii
1. The Concept of ‘Employee’: The Position in Austria ... 1
Martin Risak and Robert Rebhahn 2. The Concept of ‘Employee’: The Position in Belgium ... 23
Wilfried Rauws 3. The Concept of ‘Employee’: The Position in Bulgaria ... 45
Krassimira Sredkova 4. The Concept of ‘Employee’: The Position in Croatia ... 59
Ivana Grgurev 5. The Concept of ‘Employee’: The Position in Cyprus ... 85
Nicos Trimikliniotis and Corina Demetriou 6. The Concept of ‘Employee’: The Position in the Czech Republic ... 113
Petr HĤrka 7. The Concept of ‘Employee’: The Position in Denmark ... 133
Jens Kristiansen 8. The Concept of ‘Employee’: The Position in Estonia ... 149
Gaabriel Tavits 9. The Concept of ‘Employee’: The Position in Finland ... 171
Matleena Engblom 10. The Concept of ‘Employee’: The Position in France ... 197
Francis Kessler 11. The Concept of ‘Employee’: The Position in the Former Yugoslav Republic of Macedonia ... 219
Todor Kalamatiev and Aleksandar Ristovski 12. The Concept of ‘Employee’: The Position in Germany ... 251
Bernd Waas
viii Contents
13. The Concept of ‘Employee’: The Position in Greece ... 275 Costas Papadimitriou
14. The Concept of ‘Employee’: The Position in Hungary ... 289 György Kiss
15. The Concept of ‘Employee’: The Position in Iceland ... 309 Elín Blöndal and Inga Björg Hjaltadóttir
16 The Concept of ‘Employee’: The Position in Ireland ... 329 Anthony Kerr
17. The Concept of ‘Employee’: The Position in Italy ... 351 Edoardo Ales
18. The Concept of ‘Employee’: The Position in Latvia ... 377 KristƯne Dupate
19. The Concept of ‘Employee’: The Position in Lithuania ... 391 Tomas Davulis
20. The Concept of ‘Employee’: The Position
in Luxembourg ... 405 Jean-Luc Putz
21. The Concept of ‘Employee’: The Position in Malta ... 435 Lorna Mifsud Cachia
22. The Concept of ‘Employee’: The Position in Montenegro ... 459 Vesna Simovic-Zvicer
23. The Concept of ‘Employee’: The Position
in the Netherlands ... 477 Guus Heerma van Voss
24. The Concept of ‘Employee’: The Position in Norway ... 505 Helga Aune
25. The Concept of ‘Employee’: The Position in Poland ... 525 Leszek Mitrus
26. The Concept of ‘Employee’: The Position
in Portugal ... 543 José João Abrantes and Rita Canas da Silva
27. The Concept of ‘Employee’: The Position in Romania ... 557 Raluca Dimitriu
28. The Concept of ‘Employee’: The Position in Russia ... 577 Nikita Lyutov and Elena Gerasimova
Contents ix
29. The Concept of ‘Employee’: The Position in Serbia ... 599 Senad Jašareviü
30. The Concept of ‘Employee’: The Position in Slovakia ... 619 Robert Schronk
31. The Concept of ‘Employee’: The Position in Slovenia ... 641 Polonca Konþar
32. The Concept of ‘Employee’: The Position in Spain ... 657 Joaquín García Murcia and Iván Antonio Rodríguez Cardo
33. The Concept of ‘Employee’: The Position in Sweden ... 677 Andreas Inghammar
34. The Concept of ‘Employee’: The Position in Switzerland ... 697 Wolfgang Portmann
35. The Concept of ‘Employee’: The Position in Turkey ... 721 Kadriye Bakirci
36. The Concept of ‘Employee’: The Position in the UK ... 747 Benjamin Jones and Jeremias Prassl
Bibliography ... 771 Index ... 787
