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Community Charter Of The Fundamental Social Rights Of Workers 1989
The Community Charter of the Fundamental Social Rights of Workers (9 December 1989) is a principles-based charter of human rights that apply specifically to the workforce in the European Union. It is used as an interpretative aid by the Court of Justice of the European Union in construing the meaning of legislation and developing case law. It was initially drafted in 1989. All member states have adopted the text. (Initially, the United Kingdom under Margaret Thatcher's government did not adopt the charter, but the UK subsequently adopted the Charter in 1998). Contents *articles 1-3, free movement of workers *articles 4-6, freedom to choose employment, for fair remuneration, with access to free job placement services *articles 7-10, improvement of working conditions, rest time, paid annual leave, stipulated by law, collective or individual agreement *article 10, right to social protection and adequate social security, and adequate social assistance *articles 11-14, freedom of asso ...
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Human Rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of human behaviour and are regularly protected in Municipal law, municipal and international law. They are commonly understood as inalienable,The United Nations, Office of the High Commissioner of Human RightsWhat are human rights? Retrieved 14 August 2014 fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings",Burns H. Weston, 20 March 2014, Encyclopædia Britannicahuman rights Retrieved 14 August 2014. regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being Universality (philosophy), universal, and they are Egalitari ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016 it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning ’of its own kind’, and is a supranational institution. The CJEU is the chief judicial authority of the European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ...
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Third Thatcher Ministry
Margaret Thatcher was Prime Minister of the United Kingdom from 4 May 1979 to 28 November 1990, during which time she led a Conservative majority government. She was the first woman to hold that office. During her premiership, Thatcher moved to liberalise the British economy through deregulation, privatisation, and the promotion of entrepreneurialism. This article details the third Thatcher ministry she led at the invitation of Queen Elizabeth II from 1987 to 1990. Election The Conservatives were elected for a third successive term in June 1987, with a majority of 102 seats. It enabled Margaret Thatcher to become the longest-serving Prime Minister of the 20th century, as Britain's economic recovery continued. Fate Then, on 1 November 1990, came the first of a series of events which would spell the end of Margaret Thatcher's years in power. Sir Geoffrey Howe, the Deputy Prime Minister, long resentful of being ousted as Foreign Secretary, resigned from the cabinet over its E ...
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Occupational Safety And Health
Occupational safety and health (OSH), also commonly referred to as occupational health and safety (OHS), occupational health, or occupational safety, is a multidisciplinary field concerned with the safety, health, and welfare of people at work (i.e. in an occupation). These terms also refer to the goals of this field, so their use in the sense of this article was originally an abbreviation of ''occupational safety and health program/department'' etc. The goal of an occupational safety and health program is to foster a safe and healthy occupational environment. OSH also protects all the general public who may be affected by the occupational environment.Fanning, Fred E. (2003). Basic Safety Administration: A Handbook for the New Safety Specialist, Chicago: American Society of Safety Engineers Globally, more than 2.78 million people die annually as a result of workplace-related accidents or diseases, corresponding to one death every fifteen seconds. There are an additional 374 m ...
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R V Dept Of Trade And Industry, Ex P Broadcasting, Entertainment, Cinematographic And Theatre Union
''R v Department of Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union'' (2001C-173/99is a European labour law and UK labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998. Facts The original Working Time Regulations 1998 provided for a 13-week qualifying period at work before one could benefit from its protection. This restriction was challenged by the Broadcasting, Entertainment, Cinematograph and Theatre Union, because there was nothing about it in the Directive. Judgment The European Court of Justice said the Directive's purpose from recitals 1, 4, 7 and 8 and Art 1(1) is ‘to improve the living and working conditions of workers’. Recital 4 refers to the Community Charter of the Fundamental Social Rights of Workers point 8 and 19(1) that everyone should have satisfactory health and safety at work. It is clear that member states may be more favourable, but Art 7 does not say th ...
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Chacón Navas V Eurest Colectividades SA
''Chacón Navas v Eurest Colectividades SA'' (2006C-13/05is an EU labour law case that sets forth a uniform definition of disability in the European Union. Both the Treaty of Amsterdam and the EU Framework Directive on Employment left open the definition of disability, which allowed the Court to adopt its own definition. The judgment has been criticised by academics as potentially being too close to a medical model of disability (although it does not require medical diagnosis of a disability), rather than the social model of disability. Facts Ms Navas, an employee of a catering company, was sick and waiting for an operation. The ECJ decision does not contain any detail about what illness prevented her from working for eight months. After eight months her employers wrote to her purporting to end her employment. In the letter they admitted that the termination was 'unlawful' (Spanish industrial law allows unlawful termination with financial compensation). She claimed that the te ...
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The Rosella
''The Rosella'' or ''International Transport Workers Federation v Viking Line ABP'' (2007C-438/05is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex Article 43 TEC). The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights. ''The Rosella'' was shortly followed by a case on freedom to provide services called '' Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet'', and by the influential European Court of Human Rights decision in ''Demir and Baykara v Turkey''. Facts Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It wanted to operate under the Estonian flag so that it could use Estonian workers on ...
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International Transport Workers Federation V Viking Line ABP
''The Rosella'' or ''International Transport Workers Federation v Viking Line ABP'' (2007C-438/05is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex Article 43 TEC). The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights. ''The Rosella'' was shortly followed by a case on freedom to provide services called '' Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet'', and by the influential European Court of Human Rights decision in ''Demir and Baykara v Turkey''. Facts Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It wanted to operate under the Estonian flag so that it could use Estonian workers on lo ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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