New Generations, Old Rules. An ever-changing Job Market is moving faster than Social Security Regulation

Degoli, Maria-Cristina
(2019) Law Academy, CIELO LABORAL «Labour 2030 - Work Innovation, are we reasy? The Futur is Digital. And it’s on!» — Location: Alfândega do Porto (P) (19.September.2019)

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  • Degoli, Maria-CristinaUCLouvain
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Abstract
Mobility, collaborative economy and on-demand work are not only suitable keywords for a paper, but they also define aspects from the modern labour law scenario. Historical period and job contest have affected the meaning of the word “mobility” with the result that it has been interpreted in different ways. After the second World War the mobility has been a tool for looking for a better life through a job opportunity abroad; in Academia, the mobility of researchers is both a drive of excellence in research and a way to implement their careers. Today, the mobility’s meaning is wider due to the increasing number of labour market transitions over worker’s life, together with the digital revolution. Regarding worker mobility between European Countries, the coordination of social security systems has been able to guarantee equality of workers treatment under the different national legislation. In addition, the Directive 2014/50 has promoted worker mobility by reducing the obstacles created by certain rules concerning supplementary pension schemes linked to an employment relationship. However, these rules have been set up on having in mind a single, stable, full-time employment relationship. Concerning the Millennial generation (ages 23 to 38 in 2019 using the Pew Research Centre’s definition), instead, they are experiencing in their career a mix between different employment relationships and unemployed periods. Moreover, the fluctuating earnings combined with very short-duration contracts jeopardizes their chances in accessing to social protection inside and outside the Country of origin. The paper aims to outline that a fragmented career may erode the effectiveness of social protection for workers, especially for the self-employed and the non-standard employment. Furthermore, with regards to pensions, atypical employment could compromise the impact of occupational pension fund in having adequate pension entitlements. Rapid and deep technological changes driven by the digital revolution have impacted both the labour market and the social security dynamics. Since the baby-boomers’ era workers moved between Countries looking for a standard job fitting perfectly in a social security scheme; today the Millennial generation is carrying out both atypical and gig jobs unsuitable with the current social protection legislation. Moreover, low salaries combined with temporary jobs are affecting the statutory social security schemes. Moreover, the increase in the number of self-employment and para-subordinate workers in Member States is compromising the purpose of supplementary pension schemes. The Millennial generation is exposed to new risks because of the experience in flexible and mobile patterns of work at a national and international levels. The protection rights based on contractual arrangement or employment status is no more effective. The social security legislation should shift towards protection rules able to guarantee fundamental social rights to all workers through a broader definition of job protection. Besides that, collective agreements or laws and regulations could enhance supplementary pension schemes for self-employed and atypical workers on platform.
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Citations

Degoli, M.-C. (2019). New Generations, Old Rules. An ever-changing Job Market is moving faster than Social Security Regulation. Law Academy, CIELO LABORAL «Labour 2030 - Work Innovation, are we reasy? The Futur is Digital. And it’s on!», Alfândega do Porto (P). https://hdl.handle.net/2078.5/124006