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EU Collective Labour Law
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
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Critical Acclaim
Contributors
Contents
More Information
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
Featuring contributions from scholars and practitioners from across Europe, the first part of the book provides an introduction to key aspects, theories and topics of EU Collective Labour Law, including discussion of relevant EU law and case law of the Court of Justice of the EU. Chapters then move on to analyse and reflect on the most fundamental and challenging subtopics, questions and issues in this area, engaging with current debates and potential future developments. Respecting differences in views, approaches, and evaluations, it offers a variety of perspectives on the relationship between Collective Labour Law and the EU.
Scholars and students of EU and labour law will find this book an essential resource. Its critical examination of contemporary and future issues will also prove useful for practitioners, social partners and policymakers across the EU.
Featuring contributions from scholars and practitioners from across Europe, the first part of the book provides an introduction to key aspects, theories and topics of EU Collective Labour Law, including discussion of relevant EU law and case law of the Court of Justice of the EU. Chapters then move on to analyse and reflect on the most fundamental and challenging subtopics, questions and issues in this area, engaging with current debates and potential future developments. Respecting differences in views, approaches, and evaluations, it offers a variety of perspectives on the relationship between Collective Labour Law and the EU.
Scholars and students of EU and labour law will find this book an essential resource. Its critical examination of contemporary and future issues will also prove useful for practitioners, social partners and policymakers across the EU.
Critical Acclaim
‘The intense Europeanization of the production of goods and services makes it urgent to agree on common rules relating to employers'' and workers'' representation, collective bargaining, collective labour conflicts and peaceful settlements. This book is an in-depth analysis of this rather underdeveloped dimension of the European Labour Law. Drawing on the knowledge and thoughts of mostly young, but outstanding, contributors, the volume clarifies complex issues and includes possible solutions for the future of the EU social partnership.’
– Jean-Michel Servais, University of Gerona, Spain and Honorary President of the International Society for Labour Law and Social Security
‘This book offers a remarkably interesting and systematic collection of thoughts on EU labour law provided by the brightest academics in the field. A must read for all those who are interested in what is happening in modern European labour law.’
– Nikita Lyutov, Kutafin Moscow State Law University, Russia and North-West University, South Africa
‘This nuanced interrogation of EU collective labour law reveals a regime in distress. The authors deliver stunning insights into the inherent stresses between EU public policy choices and a collective framework that advances the “human face” of labour rights. Their conclusion that an enhanced EU collective labour law should be an important building block is one that deserves the attention of the EU and its avid watchers.’
– Desirée LeClercq, Cornell University, US
– Jean-Michel Servais, University of Gerona, Spain and Honorary President of the International Society for Labour Law and Social Security
‘This book offers a remarkably interesting and systematic collection of thoughts on EU labour law provided by the brightest academics in the field. A must read for all those who are interested in what is happening in modern European labour law.’
– Nikita Lyutov, Kutafin Moscow State Law University, Russia and North-West University, South Africa
‘This nuanced interrogation of EU collective labour law reveals a regime in distress. The authors deliver stunning insights into the inherent stresses between EU public policy choices and a collective framework that advances the “human face” of labour rights. Their conclusion that an enhanced EU collective labour law should be an important building block is one that deserves the attention of the EU and its avid watchers.’
– Desirée LeClercq, Cornell University, US
Contributors
Contributors: Edoardo Ales, Elisabeth Brameshuber, David Carvalho Martins, Teresa Coelho Moreira, Paul Copeland, Alexander De Becker, Valérie van Goethem, Antonio García-Muñoz Alhambra, Elena Gerasimova, Piotr Grzebyk, Diana Haas, József Hajdú, Petra Herzfeld Olsson, Teun Jaspers, Jozef Kšiňan, Attila Kun, Mariagrazia Lombardi, Vongai Masocha, Tonia Novitz, Daiva Petrylaitė, Pieter Pecinovsky, Vincenzo Pietrogiovanni, Łukasz Pisarczyk, Jérôme Porta, Angela Rauseo, Tatiana Sachs, Iacopo Senatori, Zakaria Shvelidze, Elena Sychenko, Beryl ter Haar, Daniel Ulber, Natalie Videbaek Munkholm, Katarzyna Wieczorek
Contents
Contents:
1 Introduction to EU Collective Labour Law 1
Beryl ter Haar and Attila Kun
PART I CONCEPTUAL ISSUES AND LEGAL
SOURCES OF INFLUENCE
2 EU Collective Labour Law: if any, how? 26
Edoardo Ales
3 Conceptual issues on representation and solidarity 56
Jérôme Porta and Tatiana Sachs
4 Collective bargaining: (not just) a fundamental right 73
Vincenzo Pietrogiovanni
5 The right to strike as a fundamental right 88
Piotr Grzebyk
6 Council of Europe: European Social Charter and European
Convention on Human Rights 101
Elena Gerasimova and Elena Sychenko
7 Collective labour law and the European Union: an ILO
perspective 114
Valérie Van Goethem and Vongai Masocha
PART II SOCIAL DIALOGUE
8 The politics of EU Social Dialogue 132
Paul Copeland
9 Social Dialogue in the EU (legal) 145
Natalie Videbæk Munkholm
10 EU issues on tripartism 163
Jozef Kšiňan
11 European Sectoral Social Dialogue 177
Manuel Antonio García-Muñoz Alhambra
12 European Social Dialogue and Associated Countries 194
Zakaria Shvelidze
13 Social Partners’ involvement in the EU-level social policy
issues, focusing on pensions and unemployment 208
József Hajdú
14 Social Dialogue and Corporate Social Responsibility
(CSR) in the EU 222
Attila Kun
PART III EMPLOYEES’ INVOLVEMENT AND
COLLECTIVE BARGAINING
15.Information and consultation rights 239
Elisabeth Brameshuber
16 European Works Councils 255
Iacopo Senatori and Angela Rauseo
17 The EU and transnational company agreements 275
Beryl ter Haar
18 Collective bargaining in the public sector: different models
in a distinct international framework 292
Alexander De Becker
19 Occupational health and safety – representation and participation 310
Diana Haas and Wolfhard Kohte
20 Board-level representation 325
Daniel Ulber
21 The role of employees (and their representatives) in
company restructuring 342
Teresa Coelho Moreira and David Carvalho Martins
22 The influence of a transfer of undertaking on collective
agreements and employee representation 359
Łukasz Pisarczyk and Katarzyna Wieczorek
23 Collective bargaining and EU competition law 376
Teun Jaspers
24 Collective bargaining and equal treatment 396
Petra Herzfeld Olsson
25 Social partners, labour inspectorates and the enforcement
of the EU’s social dimension 412
Pieter Pecinovsky and Mariagrazia Lombardi
PART IV OUTLOOK AND FUTURE CHALLENGES
26 Overview of common issues and evolution of EU
Collective Labour Law 432
Daiva Petrylaité
27 Re-introducing a human face – the future of EU Collective
Labour Law? 445
Tonia Novitz
Index
1 Introduction to EU Collective Labour Law 1
Beryl ter Haar and Attila Kun
PART I CONCEPTUAL ISSUES AND LEGAL
SOURCES OF INFLUENCE
2 EU Collective Labour Law: if any, how? 26
Edoardo Ales
3 Conceptual issues on representation and solidarity 56
Jérôme Porta and Tatiana Sachs
4 Collective bargaining: (not just) a fundamental right 73
Vincenzo Pietrogiovanni
5 The right to strike as a fundamental right 88
Piotr Grzebyk
6 Council of Europe: European Social Charter and European
Convention on Human Rights 101
Elena Gerasimova and Elena Sychenko
7 Collective labour law and the European Union: an ILO
perspective 114
Valérie Van Goethem and Vongai Masocha
PART II SOCIAL DIALOGUE
8 The politics of EU Social Dialogue 132
Paul Copeland
9 Social Dialogue in the EU (legal) 145
Natalie Videbæk Munkholm
10 EU issues on tripartism 163
Jozef Kšiňan
11 European Sectoral Social Dialogue 177
Manuel Antonio García-Muñoz Alhambra
12 European Social Dialogue and Associated Countries 194
Zakaria Shvelidze
13 Social Partners’ involvement in the EU-level social policy
issues, focusing on pensions and unemployment 208
József Hajdú
14 Social Dialogue and Corporate Social Responsibility
(CSR) in the EU 222
Attila Kun
PART III EMPLOYEES’ INVOLVEMENT AND
COLLECTIVE BARGAINING
15.Information and consultation rights 239
Elisabeth Brameshuber
16 European Works Councils 255
Iacopo Senatori and Angela Rauseo
17 The EU and transnational company agreements 275
Beryl ter Haar
18 Collective bargaining in the public sector: different models
in a distinct international framework 292
Alexander De Becker
19 Occupational health and safety – representation and participation 310
Diana Haas and Wolfhard Kohte
20 Board-level representation 325
Daniel Ulber
21 The role of employees (and their representatives) in
company restructuring 342
Teresa Coelho Moreira and David Carvalho Martins
22 The influence of a transfer of undertaking on collective
agreements and employee representation 359
Łukasz Pisarczyk and Katarzyna Wieczorek
23 Collective bargaining and EU competition law 376
Teun Jaspers
24 Collective bargaining and equal treatment 396
Petra Herzfeld Olsson
25 Social partners, labour inspectorates and the enforcement
of the EU’s social dimension 412
Pieter Pecinovsky and Mariagrazia Lombardi
PART IV OUTLOOK AND FUTURE CHALLENGES
26 Overview of common issues and evolution of EU
Collective Labour Law 432
Daiva Petrylaité
27 Re-introducing a human face – the future of EU Collective
Labour Law? 445
Tonia Novitz
Index
