As published in The Law Society 6th August 2014
As part of meeting the challenges of coming out of global recession, European Union governments and employers are faced with addressing three mutually inter-dependent pillars of the new emerging form of the capital – regulatory - labour paradigm namely engagement (either collectively or individually); flexibility – (in relation to the way in which work is performed and under what type of relationship) and responsibility (namely issues of discrimination, liability, safe systems of work, remuneration).
The concept of flexibility is one which has recently come to the forefront. Flexibility can cover a multitude of relationship frameworks including fixed term contracts, part time contract workers, agency and casual workers. EU governments have increasingly considered such models to be useful in providing capital and employers room plan and adapt to emerging economic developments. A number of questions are now coming into sharper focus to ensure that such flexibility is not abused and has the unintended ramification of creating social dislocation, hence drawing on the pillar of responsibility to balance excessive flexibility.
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.