FNV Kunsten Informatie En Media V Staat Der Nederlanden
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FNV Kunsten Informatie En Media V Staat Der Nederlanden
''FNV Kunsten Informatie en Media v Staat der Nederlanden'' (2014C-413/13is a European labour law case, concerning European competition law.E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 10, 450 Facts A Dutch trade union for orchestra substitute workers, the Arts, Information and Media Union (FNV Kunsten Informatie en Media, "FNV"), claimed that it was not subject to competition law as the Nederlandse Mededingingsautoriteit (Netherlands Competition Authority) had claimed was possible in a "reflection document". The orchestra workers were covered by a collective agreement that FNV had entered into. Judgment The Court of Justice, First Chamber, held that agreements entered into by self-employed workers could be subject to article 101(1) as self-employed people could in principle be classified as undertakings, but not in any case where workers were "false self-employed" either in contract terms or for tax purposes. See also *United Kingdom labour law *European competit ...
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CJEU
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the 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 of individuals, companies or organisations whose rights have been infringed. Composition The CJEU consists of two major courts ...
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European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ...
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European Competition Law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society. European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives. Four main policy areas include: *Cartels, or control of collusion and other anti-competitive practices, under article 101 TFEU. *Market dominance, or preventing the abuse of firms' dominant market positions under article 102 TFEU. * Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU, according to the European Union merger law. * State aid, control of direct and indirect aid given by Member ...
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Orchestra
An orchestra (; ) is a large instrumental ensemble typical of classical music, which combines instruments from different families. There are typically four main sections of instruments: * bowed string instruments, such as the violin, viola, cello, and double bass * woodwinds, such as the flute, oboe, clarinet, saxophone, and bassoon * Brass instruments, such as the horn, trumpet, trombone, cornet, and tuba * percussion instruments, such as the timpani, snare drum, bass drum, cymbals, triangle, tambourine, and mallet percussion instruments Other instruments such as the piano, harpsichord, and celesta may sometimes appear in a fifth keyboard section or may stand alone as soloist instruments, as may the concert harp and, for performances of some modern compositions, electronic instruments and guitars. A full-size Western orchestra may sometimes be called a or philharmonic orchestra (from Greek ''phil-'', "loving", and "harmony"). The actual number of musicians employ ...
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Arts, Information And Media Union
The Arts, Information and Media Union ( nl, Kunsten, Informatie en Media, KIEM) was a trade union representing workers in various sectors in the Netherlands. History The union was founded in 1998, when the Printing and Paper Union merged with the Arts Union. Like both its predecessors, it affiliated to the Dutch Federation of Trade Unions The Federation of Dutch Trade Unions ( nl, Federatie Nederlandse Vakbeweging, FNV) is a national trade union centre in the Netherlands. In addition to member unions, workers in many sectors can join the FNV directly. History The FNV was founded ... (FNV). By 1998, the union had 48,135 members. On 11 June 2016, the union split, with artists forming a new Arts Union, while other members became direct members of the FNV, forming a new Media and Culture sector. Presidents :1998: Rene van Tilborg :2003: Lucia Van Westerlaak :2007: :2013: Geert van der Tang See also * FNV Kunsten Informatie en Media v Staat der Nederlanden External links * ...
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Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has historically evolved on a national level to promote and maintain fair competition in markets principally within the territorial boun ...
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Collective Agreement
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an employers' association) that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process. Finland In Finland, collective labour agreements are universally valid. This means that a collective agreement in an economic sector becomes a universally applicable legal minimum for any individual's employment contract, whether or not they are a union member. For this condition to apply, half of the workforce in that sector needs to be union members, thus supporting the agreement. Workers are not forced to join a union in a specific workplace. Nevertheless, ...
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United Kingdom 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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Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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