Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/12
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- Category: Praca i Zabezpieczenie Społeczne
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- On the role of the International Labor Organization (ILO) in ensuring decent work in the world of production offshoring.
Production offshoring is a popular strategy that allows companies to gain a competitive advantage, in particular by reducing operating costs, especially labor costs. However, its application entails the risk that in the pursuit of economic goals, companies will go a step too far and will be willing to tacitly accept violations of the fundamental rights of people employed by their subcontractors, especially in developing countries where the level of legal protection is still relatively low . One of the most important challenges of the modern world is therefore to ensure decent work for these people. The question posed in this article is how to do this and whether the International Labor Organization will play a leading role in this process - established to promote basic human rights and improve working and living conditions. - Scope of exclusion of social security disputes in European civil procedural law.
European civil procedural law excludes social security from the scope of its application, but does not define this matter. That concept is to be interpreted autonomously, which is intended to ensure the effectiveness of EU law in the field of the coordination of social security systems. In the case law of the CJEU, it is therefore assumed that the substantive content of the term "social security" in European civil procedural law determines the material scope of Regulation (EU) No 883/2004. This means that matters that are not covered by the coordination of social security systems remain outside the scope of the exclusion. With regard to them, the assessment of the application of the rules of European civil procedural law requires the notion of civil and commercial matters to be taken into account. Only taking into account both elements - the concept of "civil and commercial matters" and "social security" allows us to determine the scope of exclusion of disputes concerning social security in European civil procedural law.Read more: Praca i Zabezpieczenie Społeczne (Work and Social Security) 2022/12