Zoekresultaat: 4 artikelen

x
Jaar 2018 x

    For workers without a fixed workplace, travelling time between their place of residence and the first customer and travelling time between the last customer and the place of residence constitutes working time.


Dr. Pieter Pecinovsky
Dr. Pieter Pecinovsky is Of Counsel at Van Olmen & Wynant in Brussels www.vow.be, Assistant at Leuven University and Invited Professor at Université Catholique de Louvain.
Case Reports

2018/32 When is travelling time working time? (NO)

Tijdschrift European Employment Law Cases, Aflevering 3 2018
Trefwoorden Working time
Auteurs Marianne Jenum Hotvedt en Anne-Beth Engan
SamenvattingAuteursinformatie

    The Norwegian Supreme Court concludes that time spent on a journey ordered by the employer, to and from a place other than the employee’s fixed or habitual place of work, should be considered working time within the meaning of the statutory provisions implementing the Working Time Directive (2003/88/EC). This ruling takes into account the Advisory Opinion of the EFTA Court.


Marianne Jenum Hotvedt
Marianne Jenum Hotvedt is an associate professor at the Department of Private law, University in Oslo. She got her PhD on the thesis ‘The Employer Concept’.

Anne-Beth Engan
Anne-Beth Engan is a senior associate with the law firm Selmer AS in Oslo.
Article

Access_open ‘A Continuous Process of Becoming’: The Relevance of Qualitative Research into the Storylines of Law

Tijdschrift Erasmus Law Review, Aflevering 2 2018
Trefwoorden storylines of law, qualitative research, law in action, law in books
Auteurs Danielle Antoinette Marguerite Chevalier
SamenvattingAuteursinformatie

    The maxim ‘law in books and law in action’ relays an implicit dichotomy, and though the constitutive nature of law is nowadays commonly professed, the reflex remains to use law in books as an autonomous starting point. Law however, it is argued in this article, has a storyline that commences before its institutional formalisation. Law as ‘a continuous process of becoming’ encompasses both law in books and law in action, and law in action encompasses timelines both before and after the formal coming about of law. To fully understand law, it is necessary to understand the entire storyline of law. Qualitative studies in law and society are well equipped to offer valuable insights on the facets of law outside the books. The insights are not additional to doctrinal understanding, but part and parcel of it. To illustrate this, an ethnographic case study of local bylaws regulating an ethnically diverse public space of everyday life is expanded upon. The case study is used to demonstrate the insights qualitative data yields with regard to the dynamics in which law comes about, and how these dynamics continue for law in action after law has made the books. This particular case study moreover exemplifies how law is one of many truths in the context in which it operates, and how formalised law is reflective of the power constellations that have brought it forth.


Danielle Antoinette Marguerite Chevalier
Dr. mr. Danielle Antoinette Marguerite Chevalier, PhD, is assistant professor at Leiden University, The Netherlands.
ECJ Court Watch

ECJ 13 September 2017, case C-570/15 (X), Free movement, Social insurance

X – v – Staatssecretaris van Financiën, Dutch case

Tijdschrift European Employment Law Cases, Aflevering 1 2018
Trefwoorden Free movement, Social insurance
Samenvatting

    A Dutch employee who resides in Belgium and performs only 6.5% of his hours worked in Belgium (and the rest in the Netherlands), cannot be regarded as ‘normally’ pursuing an activity in two or more Member States. The special rule in Article 14(2)(b)(i) of Regulation No 1408/71, stating that a person normally employed in the territory of two or more Member States shall be subject to the legislation of the Member State in whose territory he resides, does not apply in this case.

Interface Showing Amount
U kunt door de volledige tekst zoeken naar alle artikelen door uw zoekterm in het zoekveld in te vullen. Als u op de knop 'Zoek' heeft geklikt komt u op de zoekresultatenpagina met filters, die u helpen om snel bij het door u gezochte artikel te komen. Er zijn op dit moment twee filters: rubriek en jaar.