Monday, 25 October 2010

Employment relationship-Parts-2


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Second, the information required by Directive 91/533 is of the ‘essential aspects of the contract or employment relationship (Article 2(1)).’ There is no formal checklist. What is an essential aspect of the employment relationship will depend on the nature of the relationship. The information provided ‘shall cover at least’ certain items listed in Article 2(2). The degree of specification required is variable. For example, the place of work need not be fixed (Article 2(2)(b)); there need be no work title - a brief description of the work will suffice (Article 2(2)(c); leave and notice entitlements may be indicated through a procedure or method of determining them (Article 2(2)(f,g)); and relevant collective agreements only where appropriate (Article 2(2)(j)). However, there is required information on the date of commencement of the relationship (Article 2(2)(d)); if a temporary relationship, the expected duration Article 2(2)(e)); remuneration entitlement (Article 2(2)(h)), within the broad sense of rewards described above, and normal working time (Article 2(2)(i)).
Third, employment relationships ‘of a casual and/or specific nature’ may be excluded, but only if this is ‘justified by objective considerations’ (Article 1(2)(b)). The casual and/or specific nature of work does not preclude it being an employment relationship (or even a contract). The third element of an employment relationship is, therefore, that it may be casual and/or specific and still fall within the scope of the Directive.
What these elements of an employment relationship comprise is the recognition by EU labour law that work has taken new forms, which may not fall within the classical common law definition of contracts of employment. Such employment relationships are likely to fall within the scope of the EU labour law laid down in this Directive.

www.eurofound.europa.eu 

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