The dissertation deals with the classic institutes of labour law when working through temporary employment agencies – employers providing labour.
The field is governed by national legal sources, especially ERA-1 and LMRA, as well as sources of international law and EU law, the main of which is the Directive 2008/104/EC. These sources are analysed in detail. The subject of discussion is also the historical development of the considered legal field.
The goal is to confirm, through an objective analysis of individual institutes of labour law that this form of work does not pose a greater risk for workers to be left either without employment or without realized rights from the employment relationship than in a classic employment relationship. The topic is legally sensitive, as agency work has a stigma of precariousness in society. From a theoretical, historical, comparative, and practical point of view, the doctoral dissertation investigates and describes individual classic institutes of labour law running into this specific form of work, which requires consideration of certain peculiarities in almost all institutes considered. These features are described in detail. An important hypothesis here is that the classical institutes of labour law can already be implemented in such a way as to ensure an adequate position for agency workers, but improvements are possible de lege ferenda. The proposals are based on comparative law, judicial practice, and scientific and professional works, and in addition, personal experience and contemplation are also important.
The work contains the analysis of the tripartite nature of the legal relationship. A comparative legal overview of the regulation in other countries is given. Both individual and collective labour relations are discussed. In the context of individual employment relationships, the specifics of the employment contract and its termination, as well as the obligations of the employee and the employer, are discussed, while in the case of collective employment relationships, trade union freedom, collective bargaining, worker participation and strikes are presented. The research also includes some specifics in the field of social security and safety and health at work.
The results show that there are peculiarities, but it is not possible to conclude that the position of agency workers is worse than that of the classically employed. The shortcomings of the legislation are identified and specific proposals for its amendments or additions are also given.
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