Quotation Glowacka, Marta Joanna. 2020. A little less autonomy? The future of working time flexibility and its limits. European Labour Law Journal (ELLJ).


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Abstract

The European Court of Justice has recently issued rulings on the interpretation of the European Working Time Directive 2003/88, which appear to restrict flexible working time arrangements (especially Matzak C-518/15, Syndicat C-254/18 and CCOO C-55/18). Only a few months prior to the latter ruling of the CJEU, the Austrian legislator amended the Working Time Act in order to make it more flexible. The article argues that the measures taken by the Austrian legislator to enable more flexibility and autonomy can still be regarded as compatible with Union law. In general, the article tackles the question of possible further legislative developments in order to strike a balance between autonomy and the need for security of both parties to the employment relationship. Among other suggestions, the article introduces the concept of molecularisation of working time and examines whether work intensity should be introduced as a qualitative dimension to the concept of working time, thus deviating from the current European Working Time Directive. Finally, the article suggests security measures – often referring to Austria as a best practice example – in order to safeguard workers in view of working time flexibility.

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Publication's profile

Status of publication Published
Affiliation WU
Type of publication Journal article
Journal European Labour Law Journal (ELLJ)
Language English
Title A little less autonomy? The future of working time flexibility and its limits
Year 2020
Reviewed? Y
DOI https://doi.org/10.1177/2031952520922246
Open Access Y
Open Access Link https://journals.sagepub.com/doi/10.1177/2031952520922246

Associations

People
Glowacka, Marta Joanna (Former researcher)
Organization
Institute for Austrian and European Labor Law and Social Security Law (Marhold) (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5112 European law (Details)
5203 Labour law (Details)
5224 Comparative law (Details)
5226 Social law (Details)
5252 Basic and Human rights (Details)
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