engleski

Flexible and New Forms of Employment in Croatia and their Pension Entitlement Aspects

Flexible and new forms of employment are extensively discussed in contemporary legal literature. Examined are often only employment law aspects. However, this paper focuses on how non- standard forms of employment affect future pension entitlements. The case law of the CJEU raised the issue of social security rights repercussions already two decades ago (Nolte, Megner and Scheffel cases). However, it acknowledged that Member States have broad margin of discretion in selecting measures to achieve their social policy aims. Hence, in this paper, the authors investigate in what way shorter and more fragmented careers due to engagement in new and flexible forms of employment could affect pension rights within Croatian mandatory pension system compared to standard permanent employment. Authors first provide readers with the main features and data on flexible employment forms in the Croatian labour market compared to EU averages, where applicable. Then they categorise non-standard forms of employment according to tax income regime and payment of contributions regime and examine their potential effect on pension entitlements. In the end, the authors discuss and provide legal assessment whether and explain why marginalized persons in the labour market could remain marginalized in retirement.

flexible work ; new forms ; pension ; retirement

Rad je napisan 2016, a knjiga objavljena 2018., 9783319022185 (print).