A3 Refereed book chapter or chapter in a compilation book

Fundamental rights broadening the scope of labour law? The example of trainees




AuthorsRosin Annika

EditorsAndrew Stewart, Rosemary Owens, Niall O’Higgins, Anne Hewitt

Publishing placeCheltenham

Publication year2021

Book title Internships, Employability and the Search for Decent Work Experience

Series titleThe ILO Future of Work series

First page 285

Last page301

Number of pages7

ISBN978-1-80088-503-5

eISBN978-1-80088-504-2

DOIhttps://doi.org/10.4337/9781800885042

Web address https://www.elgaronline.com/view/edcoll/9781800885035/9781800885035.xml


Abstract

The aim of this chapter is to explore whether the European Charter of Fundamental Rights (ECFR) can improve the protection of trainees by broadening the scope of national labour laws or the labour directives of the European Union (EU), or by creating new labour rights directly applicable to trainees. I argue that, despite the fundamental nature of many important labour rights, the limitations to the application of the ECFR, as well as the restrictive interpretation of its provisions, reduce the ability of the charter to improve the rights of trainees. However, the ECFR is a useful tool for the Court of Justice of the EU to broaden the personal scope of secondary EU legislation, and to contest national limitations to the application of fundamental labour rights. If EU and national labour law provisions were consciously interpreted in the light of fundamental rights, the rights of trainees would improve slightly.



Last updated on 2024-26-11 at 16:33