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"Statistical data show that on average almost one in every 12 workers in the EU is living in a poor household. This reality illustrates the gaps in the existing legal framework for protecting workers, particularly the most precarious ones, from poverty. The present contribution aims to identify some of the reasons for that. In so doing, we focus on atypical work —perceived as particularly problematic from an in-work poverty perspective — and specifically on the EU regulatory approach towards it, which heavily relies on the principle of equal treatment as a means to protect workers. The article engages with the question of whether the principle of equal treatment enshrined in the atypical work Directives is enough or, on the contrary, if it is failing in its declared intention to protect atypical workers. In its analysis as well as in its propositive part, this contribution builds on the findings of the research done in the H2020 Working Yet Poor research project.1 We engage in a critical assessment of the current EU Directives on atypical work, highlighting existing gaps, shortcomings, and challenges. This assessment shows the limits of the Directives in general and the principle of equal treatment in particular in combating in-work poverty. We therefore advance some regulatory proposals to implement the EU Pillar of Social Rights and further enhance the current EU approach to atypical work by rendering it better equipped to prevent in-work poverty."

"Within the European framework of decentralisation of collective bargaining, the Italian legislation has roughly intervened with art. 8, Act n. 148/2011, which entitles decentralised collective agreements to introduce derogatory measures to almost the whole labour law. External limits can be deduced, from the wording of art. 8 as well as from the national legal system, in Eu law, Ilo legislation and Constitution. The importance of those limits however must be balanced with the difficulties, faced both by the employee and the trade unions, to claim for their enforcement. As a consequence, the dynamics of industrial relation are all but stable and, once again, consigned to the judicial check of the single agreement."

" The small size and particular location make Luxembourg an interesting case study on the measures undertaken by the government to tackle the most pressing socio-economic issues deriving from the current pandemic crisis. Most such measures are comparable to those put in place across the EU; some are specific to its characteristics, and show its high dependency upon neighbouring countries and its limited capacity to internally ensure a constant provision of essential goods."

" Most EU countries are experiencing an increased use of Collective Labour Agreement clauses – Social Rehire Clauses – that oblige incoming service providers, while taking over a service, to employ all or part of outgoing providers' personnel or at least give these workers priority future hiring. In the established case law of the Court of Justice, rehiring personnel is considered a crucial element, which may trigger the application of Council Directive 2001/23 on transfers of undertakings. This article defends the need to keep Social Rehire Clauses outside the material scope of the Directive, in order to respect social partners' collective autonomy and prevent opportunistic behaviours, while promoting a fair competition between employers. Constitutionally justified under Article 3(3) TEU, and Articles 9, 147 and 151(1) TFEU, the protection of employment pursued by Social Rehire Clauses should be interpreted as legitimate limitation to the economic freedoms enshrined in the Treaties and the Charter of Fundamental Rights."

"In-Work Poverty in Europe is an important book that thoroughly analyses the direct and indirect measures combating in-work poverty. In-work poverty is a reality for too many persons in the European Union (EU). In-work poverty is largely perceived as part of the overall goal to reduce. There is rarely a specific focus on the plight of those who, despite working, are poor. This book contributes to a better knowledge and understanding of in-work poverty, thus equipping policymakers at the EU and national levels fully attend to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States.

What's in this book:

As a comprehensive description and discussion of legal scholarship and relevant EU instruments in the EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden), distinguished contributors describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following:

employment-related factors (wage, type of contract, atypical employment);
worker's socio-demographic characteristics (level of education, gender, age, country of birth);
size and composition of household;
household work intensity; and
institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change).


The book approaches the ‘working poor' by distinctly defining four groups of vulnerable and under-represented persons with detailed statistical information on in-work poverty in each group."

"Political leaders and civil society representatives, including the social partners, reached agreement on the main elements to be incorporated in Latvia's Recovery and Resilience Plan (RRP). The social partners, however, are not entirely satisfied with the final result. Among other things, they regard it as too fragmented and lacking ambition. Both social and cooperating partners, such as the Free Trade Union Confederation of Latvia, the Employers' Confederation of Latvia and the Latvian Chamber of Commerce and Industry, were brought on board too late, practically when the plan was ready and was about to be approved by the Cabinet of Ministers. The positive thing is the fact that the RRP for each EU Member State had to be prepared based on the recommendations of the European Commission within the framework of the European Semester. While hitherto EC recommendations were merely suggested, their integration in the economic recovery strategy has increased their impact. Moreover, unlike EU Structural Fund financing, the EU financial assistance of the RRF can be directed only to areas in which reforms are planned within the framework of the RRP, with a specific focus on the green transition."