bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future EU-UK Relationship: The EU Ambitions for a Comprehensive Partnership
Authors: Zaccaroni Giovanni , Fabbrini Federico
Published: April 2022

The purpose of this article is to examine the objectives pursued by the European Union (EU) in crafting its future relationship with the United Kingdom (UK) after Brexit. As the article argues, the withdrawal of the UK from the EU created an unprecedented situation – namely that of a former Member State. In response to this unique state of affairs, the EU has deliberately and consistently endeavoured to develop with the UK as a new third country an ambitious partnership, going beyond trade to encompass many other areas of cooperation, spanning from internal and external security to sectoral themes such as the fight against climate change and health. As the article suggests, the EU’s approach vis-à-vis the UK emerges already in the negotiating guidelines, adopted in the aftermath of the UK notification of its intention to leave the EU; is codified in the non-binding Political Declaration outlining the framework of future EU-UK relations, attached to the Withdrawal Agreement; and is ultimately reflected to some extent in the EU-UK Trade and Cooperation Agreement reached between the parties on Christmas Eve 2020. Although this thin deal does not fully achieve the objectives of the EU, as some areas are not covered by the new EU-UK treaty, its scope, which goes beyond trade, confirms the ambition of the EU to lock-in relationship with a close, special neighbour like the UK.

Brexit, Future Partnership, EU, UK, Negotiation Guidelines, Political Declaration, Trade and Cooperation Agreement
On the Identity Clause and Its Abuses: ‘Back to the Treaty’
Authors: Faraguna Pietro
Published: April 2022

Identity is a key, but vague, ambiguous and polysemic concept of public law. In EU law, the concept underwent a process of legalization: it emerged as a political clause in the Treaty of Maastricht and gained constitutional meaning after the Treaty of Lisbon. The article traces this process of legalization, arguing that even though the constitutionalization of the identity clause in EU law was primarily addressed to the Court of Justice of the EU, a major role in this process has been played by national courts. The article, however, claims that the process of transformation of the identity clause is not over, and that currently the concept is being subject to abusive and dangerous manipulations. The article supports a comprehensive reading of the identity clause in EU law within the broader context of EU fundamental principles. In particular, the article claims that a tight connection of the identity clause should be kept with the democratic mandate of the EU. This connection emerged very clearly in the Maastricht formulation of the Treaty on the European Union but is still now a viable remedy to reject Member States’ appeals to protect unconstitutional constitutional identities.

constitutional identity, primacy, ultra vires, identity clause, abuse
Protection of Part-time Workers in the Case Law of the Court of Justice of the European Communities
Authors: Traversa Enrico
Published: April 2022

Abstract: The author examines 20 years of case law of the Court of Justice of the European Communities on part-time work. The 25 judgments are scrutinized on the basis of homogenous areas of the employment relationship such as pay, access to career advancement, access to vocational training, working conditions including conditions of dismissal, occupational pension schemes and statutory social security allowances. The Court has applied former Article 119 of the Treaty and provisions of Community Directives on equal treatment between men and women at work since it has consistently found that many more women than men are employed on a part-time basis. The overall picture which emerges from the cases brought before the Court of Justice appears to give rise to concern because discrimination relates to a wide range of working conditions, affecting mainly low-skilled workers, and derives from both national laws or regulations and collective agreements signed by trade unions representatives. As a result, detailed and enforceable Community rules appear to be indispensable to ensure adequate legal protection for part-time workers.
Collective Labour Law in Europe in a Comparative Perspective. Collective Agreements, Settlement of Disputes and Workers’ Participation (Part I)
Authors: Rebhahn Robert
Published: April 2022

Abstract: Collective agreements and industrial action, workers’ representation at plant and enterprise level, and participation in management boards are often at the centre of political debate. They play an important role whenever labour law is considered as a factor for making a country an attractive business location. It is therefore of interest to compare the legal situations in the EU Member States. This article focuses on legal structures rather than on industrial relations, revealing a wide variation. With regard to collective agreements there is a common core of European law, though countries differ considerably. There is wide variation in terms of industrial action, and in terms of strikes for better working conditions. There are also great differences in employees’ representation and participation beyond information and consultation on general matters. A detailed examination of the legal situations seems to be a prerequisite for any reflection on the harmonisation of labour law.
National Works Councils: Opening the Door on a Whole New Era in United Kingdom Employment Relations?
Authors: Lorber Pascale
Published: April 2022

Abstract: This paper intends to look at the challenges that the European Directive on national information and consultation will pose to the legal framework in the United Kingdom. In particular the author will consider whether the statement that ‘national works councils would open the door on a whole new era in the UK employment relations’ is a true one. This will be done by briefly looking at the aim and the content of the Directive and more particularly at the reaction of the UK government when it comes to transposition in light of the first consultation paper produced by the Department of Trade and Industry on this issue. This paper will therefore focus on the preliminary attitude of the government towards this instrument and whether it bodes well for substantial changes in collective relations.
The Hartz Commission Recommendations and Beyond: An Intermediate Assessment
Authors: Keller Berndt
Published: April 2022

Abstract: The article deals with most recent changes in strategies and instruments of labour market policy in Germany initiated by the report of the Hartz Commission. The first part presents a preliminary summary of major legislative changes. Then, foreseeable problems of focal new instruments are discussed (first of all, personnel service agencies, various forms of mini jobs, new, preliminary self-employment, integrated systems of social support). Furthermore, additional and lasting problems of implementation are examined in some detail (among others, missing theoretical foundations and limitations, neglect of closely related policy areas, neglect of the European dimension). The concluding remarks present a rather critical overall assessment.
The System of Bilateral Bodies in the Artisan Sector: The Italian Experience in the Context of European Social Dialogue
Authors: Ciuffini Silvia , De Lucia Giovanna
Published: April 2022

Abstract: This report provides an outline of the system of bilateral bodies first set up in Italy in the 1980s to provide protection and income support for workers in artisan firms. Jointly run by employers’ associations and trade union representatives, these bodies provide a forum for dispute resolution as well as a system for administering the employers’ contributions negotiated in collective agreements. The authors argue that bilateral bodies represent an innovative approach to labour protection in small and micro enterprises and provide a useful means for identifying appropriate measures as part of a decentralised approach reflecting the needs of both employers and workers in artisan firms not covered by collective agreements for large-scale industry. Bilateralism is likely to play an increasingly important role pursuant to the labour market reform recently enacted in Italy.
Full Employment and Globalization
Authors: Blanpain Roger
Published: April 2022

It is quite a challenge to address the issue of full employment. Indeed, in Pouvoir et contre-pouvoir à 1’ère de la mondialisation, Ulrich Beck underlines: ‘C’est faire insulte à l’humanité que de prôner le plein emploi à l’époque du chomage de masse et de l’augmentation rapide du travail précaire’. The author goes on to explain: ‘Les inégalités s’accentuent à l’échelle mondiale – entre 1960 et 2000, la part du revenue mondial accaparée par les 20 per cent les plus riches de la population mondiale est passée de 70 à 90 per cent, tandis que celle allant aux 20 per cent les plus pauvres est passée de 2, 3 à 1 pour cent. 1, 2 milliard de personnes, c’est à dire près d’un cinquième de la population mondiale doivent se contenter pour vivre de moins d’un dollar par jour, ce qui n’a pas empêché l’aide au développement de diminuer de 20 per cent depuis 1990’.
Labor Mobility in a Federal System: The United States in Comparative Perspective
Authors: Jacoby Sanford M.
Published: April 2022

Abstract: Those who view Europe as having insufficient geographic mobility often draw a comparison to the United States, where mobility is higher. But the disparity in mobility is not an innate characteristic differentiating European and U.S. labor markets. Rather, mobility rates have fluctuated over time in the United States and Europe in response to changes in economic conditions, in demographic characteristics, and in socio-legal institutions. In this paper, we first explain why the legal regime in the United States is conducive of mobility. Barriers imposed by the state to deter immigration have long been unlawful, and indirect barriers, though subject to less stringent examination, must also pass constitutional muster. Next we review historical trends in geographic mobility, which show that both Europe and the U.S. have experienced dramatic changes in mobility over the last 200 years and that these changes have occurred roughly in tandem.
Lockout Law in a Comparative Perspective: Corporatism, Pluralism and Neo-Liberalism
Authors: Briggs Chris
Published: April 2022

Abstract: The object of this paper is to develop a classification of national legal systems and institutional practices in relation to lockouts. Three primary systems regulating the use of lockouts currently have been used in advanced market economies. First, lockouts are sometimes subject to a blanket prohibition (Southern European Corporatism). Secondly, most OECD nations limit lockouts to exceptional circumstances in which employers are considered to suffer from an imbalance of bargaining power so as to balance a right to lockout with other legal principles such as the right to strike and freedom of association (Pluralism). Thirdly, whereas most OECD nations limit lockouts to ?equalising? collective bargaining power, contemporary reforms in the Antipodes allow lockouts to be directed at unorganised workers and used to reconfigure power relations by decollectivising bargaining (Neo-Liberalism).
Review of: Bob Hepple, Labour Laws and Global Trade. Hart: Oxford and Portland, Oregon 2005, pp. 302. ISBN 1-84113-160-1 (hardback) 1-84113-187-3 (paperback)
Authors: Weiss Manfred
Published: April 2022

Sir Bob Hepple QC, Professor emeritus at Cambridge and highly decorated for his outstanding merits, has for many years been a highly competent and at the same time critical observer of the development of international labour law. This is shown not only by his many excellent publications in this field, but also by the fact that there has always been a great demand for his consultancy services in institutions such as the International Labour Organisation (ILO) and the Commission of the European Communities. A number of newly developed labour law systems, particularly in Africa, were shaped to a significant extent by him. In short and to make the point: the author is not only one of the most eminent scholars in international law, but in addition his practical experience in this field can hardly be overestimated. If he now presents a book drawing conclusions from all the knowledge he has acquired over the decades, the expectations are evidently high. And to be clear from the very beginning: they are met in an admirable way.
Young People and Employment in Italy: The (Difficult) Transition from Education and Training to the Labour Market
Authors: Tiraboschi Michele
Published: April 2022

Abstract: This paper focuses on the employment of young people in Italy in a comparative perspective, starting with a survey of the policies adopted for addressing the chronic weakness of young people in the Italian labour market. It is argued that higher education can and should play a key role in improving the employability of those coming onto the labour market. The critical state of the Italian labour market is examined in relation to the proposals put forward in the White Paper on the Labour Market in October 2001, highlighting the importance of the links between secondary and higher education and the labour market, and the measures provided in the Biagi Law (Act no. 30/2003) and Legislative Decree no. 276/2003.
Employee Involvement in the European Cooperative Society: A Range of Stakeholders?
Authors: Snaith Ian
Published: April 2022

Abstract: This paper examines Council Regulation (EC) No. 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society and Council Directive 2003/72/EC of 22 July 2003, which together provide for establishing a European Co-operative Society (SCE). It begins by outlining the nature of co-operative business structures and of the SCE. The implications of the co-operative business structure and of the structure of the SCE for governance and the representation of stakeholder groups are then considered. Having established that co-operative business structures are fundamentally different from investor-controlled companies of the kind likely to use the European Company (SE) structure, the provisions of the two sets of legislation in respect of employee involvement are briefly compared. Conclusions are then drawn about the role of stakeholders in the two types of organisation and the suitability of the SCE employee involvement provisions in the light of the structural differences between co-operatives and investor-controlled companies.
Enterprise Bargaining, Managerial Prerogative and the Protection of Workers? Rights: An Argument on the Role of Law and Regulatory Strategy in Australia under the Workplace Relations Act 1996 (Cth)
Authors: Marshall Shelley , Mitchell Richard
Published: April 2022

Abstract: Since the beginning of the 1990s successive Australian national governments (from both right and left of the political spectrum) have overseen a shift in the regulation of employment relations from one based on centralised arbitrated awards to one of enterprise bargaining. The ostensible purpose of this policy was to facilitate the development of workplace-focused systems of regulation which were sensitive to the need for flexible production and employment systems in the context of the global economy. The evidence suggests that whilst many of the objectives of the enterprise bargaining project have been attained (particularly the goal of greater flexibility in employment systems), the law has been less effective in protecting the interests of workers, particularly their power to influence decision-making at the place of work. The major impact of enterprise bargaining upon the workplace, the paper proposes, has been the restoration of managerial prerogative which previously had been mediated through arbitration or the power of trade unions. Finally, the paper draws conclusions on the changing role of the institutions which regulate Australian industrial relations. Historically, Australian industrial tribunals have combined the features of judicial bodies and regulatory agencies. The paper concludes that a shift is occurring in Australian labour law from a mixture of self-regulation and centralised ?command and control?, to ?enforced self-regulation?, thus signalling a systemic and profound reorientation in regulatory policy and technique in Australian labour market regulation
An Analysis of Changing Industrial Relations in China
Authors: Shen Jie
Published: April 2022

Abstract: This paper explores changing industrial relations in China by reviewing the existing literature and analysing a recent industrial relations survey conducted by the Shanghai Municipal Trade Union Council. During the transition from a planned economy to a quasi-market one, a harmonic relationship has been replaced by widespread labour disputes between enterprise management and workers. The growing violations of workers? rights are mainly due to diversity of ownership, a lack of regulations for human resources management, extended management power over employment relations, inadequate social security, surplus labour supply and weak unions. In order to achieve social stability the Chinese government is keen to establish a system of protection of workers? rights. The current system is centred on labour arbitration that is accompanied by tripartite negotiation, collective (regional) agreements and labour courts. Unions play no more than a role of mediation, organising meetings in tripartite negotiation. Consequently, local labour bureaux or (government) industry bureaux have a strong tendency to interfere in and influence industrial relations. ?Rival? regional unions or workers? congresses set up by the union council to represent workers in their regions are emerging. However, they have not yet played an active role in solving labour disputes. Strengthening labour arbitration is the key to developing labour dispute management strategies in China given that independent unions are not possible in the near future.
Who’s Info is it Anyway? Employees’ Rights to Privacy and Protection of Personal Data in the Workplace
Authors: Wallach Shelley
Published: April 2022

This article examines the problems and challenges arising from the protection of employees’ rights to privacy in the workplace in the information society. The use of information and communications technology in the workplace that allows data to be collected, stored, retrieved and processed in vast quantities and at great speed presents significant new opportunities and at the same time new threats to employers and employees, raising many questions about areas where interests and rights are in conflict and clear boundaries have to be drawn. The article deals specifically with the application of the law to cases of computer surveillance at work and to the collection and processing of employees’ personal data. An account is given of specific legal rules, where they exist, and general principles laid down in constitutions, treaties, international norms EU Directives, comparing, where relevant, the European and the US approach to these matters. The article also points out the threats to employees’ privacy and how to strike a balance between the rights, interests and expectations of the employer on the one hand with those of the employee on the other, with a view to protecting employee privacy as much as possible.
Cross–Border Workers in the European Internal Market: Trojan Horses for Member States’ Labour and Social Security Law?
Authors: Verschueren Herwig
Published: April 2022

This article examines whether the European internal market is threatening the social welfare state, in particular from the viewpoint of the territorial application of Member States’ labour and social security law of cross–border workers in Europe. The analysis will reveal that the law governing the internal market, including the free movement of workers, was primarily a guarantee for the territorial application of Member States’ labour and social security law thanks to the principle of prohibition of discrimination on grounds of nationality. But more recently the right of service providers to temporarily perform work in another Member State with their own employees has been threatening to undermine the territorial application of labour and social security law. This article analyses how Community law and in particular the European Court of Justice have been handling this issue.
Governance and the Labour Market in South Africa
Authors: Fashoyin Tayo
Published: April 2022

This article builds on the notion of governance to analyze a labour market phenomenon that addresses a critical interface between bipartite and tripartite cooperation in South Africa. It examines one significant example of successful bipartite cooperation in support of national level tripartite dialogue around social and economic issues. In doing so, this article assesses the contribution of the Millennium Labour Council (MLC) to labour peace and how this institution interfaces with the main national social dialogue institution, the National Economic Development and Labour Council (NEDLAC). This article provides empirical evidence to support the point of view that constructive labour-management cooperation can fortify tripartite dialogue in its contribution to labour market governance and, indirectly, national level governance. This article emphasizes the importance of strong and independent workers’ and employers’ organizations in advancing the contribution of tripartite cooperation to national socioeconomic development.
Are the Rules for the Registration of Trade Unions in Cameroon Compatible with the ILO’s Concept of Freedom of Association?
Authors: Akomaye Yanou Michael
Published: April 2022

This paper reviews the rules for the registration of trade unions in Cameroon in the context of obligations assumed when the country ratified International Labour Organization (ILO) Convention No. 87 in 1960. It is argued that although the country’s substantive legislation (Labour Code 1992) appears ambivalent on the point, in fact it ties the validity of a trade union in the country to formal registration and authorization by state officials. The paper criticizes both the substantive law and bureaucratic rules and practices for undermining the ILO rules of freedom of association and other obligations assumed under international law. It is contended that the conclusion is inevitable because the country’s 1996 Constitution (section 45) makes provision for ratified treaties to be superior to those of internal rules in the event of a conflict between the two.
Family Ties in Swedish Employment Law
Authors: Calleman Catharina
Published: April 2022

Members of an employer’s family are exempted from the Swedish Employment Protection Act. This exception, which may be seen in the light of the ban on discrimination on the grounds of family status of EC law, strengthens the prerogative of the employer. It may result in the working party having no employment contract, pay, or other benefits and also no union membership or other connection to the labour market. It also typically increases the dependence of an employer’s spouse, counteracting the aim of mutual autonomy between spouses in Swedish family law. This dependence in turn may acquire a new meaning in a context of an international labour market, a growing income gap, and an increasing dependence on the family for survival. This paper explores these contradictions, posing questions such as the following: How has this exception changed with the development of society? How has it historically been justified and which societal values does it mirror? How has the personal scope of the exception been defined and what effects does the exclusion have today for family members, both legally and practically?
Labour Law in Latin America: Some Recent (and not so Recent) Trends
Authors: Bronstein Arturo
Published: April 2022

This paper provides a survey of developments in Latin America labour law and industrial relations over the last twenty-five years, while noting that Latin America is far from homogeneous. Whereas the erosion of labour law protection during the neo-liberal market reforms was a significant pattern in countries such as Colombia, Chile (under Pinochet), Peru (under Fujimori) or Argentina (under Menem), a number of other countries, including the Dominican Republic, El Salvador or Venezuela have strengthened labour-friendly law. The paper highlights the fact that the state grip on trade union activity has diminished in countries like Brazil and Chile, but not in Argentina and Mexico. The paper analyses the labour law changes in the transition to democracy in a number of countries, particularly Chile. The author notes that the scope of labour law has narrowed, with an increasing number of workers in non-wage forms of employment without social security, totalling 40% in the region as a whole, with peaks of 80% in Ecuador and Peru. Unionization rates are low, as exemplified in the case of Chile, where despite the return to democracy less than 15% of wage-earning workers are unionized. In most Latin American countries trade unions are enterprise-based with the notable exceptions of Argentina, Brazil and Uruguay. The situation is worse in countries with endemic violence like Colombia or Guatemala, where trade union activists risk assassination by death squads. This explains the high number of complaints lodged with the International Labour Organization (ILO) Committee on Freedom of Association, as workers cannot reasonably expect their trade union rights to be enforced by the local authorities.
The Certification of Employment Contracts: A Legal Instrument for Labour Market Regulation in Italy
Authors: Venturi Davide , Bizzarro Chiara , Pasquini Flavia
Published: April 2022

In a perspective of indirect regulation of the labour market, this paper analyses the Italian legal procedure known as ‘certification of employment contracts’ (hereinafter ‘certification’). This procedure consists of an examination of the lawfulness of employment and supply chain contracts. Contracts are submitted to a panel of experts in labour law (civil servants, professionals, academics) who undertake a review of the documentation, perform advisory functions and decide whether to award certification or not. The panel takes into account the key principles underlying certification: fairness, the true nature of the agreement between the parties, and compliance of the contract with objective organizational and productive requirements. Certification seeks to enforce labour standards through the proper use of contractual models, in order to manifest the true intention of the parties and to represent their interests. In this paper the issue is addressed from a regulatory perspective. First, it is noted that all employment and supply chain contracts are eligible for certification. Although apparently different, these contracts share a common matrix: the global process of ‘vertical disintegration’ of the firm. Second, certification is seen as a form of labour market regulation, which is neither a compulsory process, nor a matter of pure self-regulation. Rather, it may be seen as a form of enforced self-regulation, or ‘co-regulation’ undertaken on a voluntary basis by the parties, relying on the competence and expertise of the members of the certification panel, who act impartially. Employers are under no obligation to refer their contracts to a certification panel, but if they do so and receive a positive ruling, the certification gives the contract a legal presumption of fairness, certifying its conformity with legal principles for the purpose of preventing disputes at a later stage.
Union Social Responsibility: A Necessary Public Good in a Globalized World
Authors: Soon-Beng Chew , Chew Rosalind
Published: April 2022

Almost all countries have been adversely affected by the global financial crisis, and almost all countries have resorted to expansionary fiscal policy to boost domestic demand and to contain unemployment. Many countries have also tried to reduce labour costs to contain redundancies. One possible consequence of cutting labour costs is that unions and workers will protest and resist the cost-cutting measures. In addition, labour unions have made demands on their respective governments to reduce the import of goods and foreign workers in order to protect jobs. In the case of Greece, the government is running a huge budget deficit and cannot borrow funds at normal interest rates from the bond markets. The EU insists that Greece should reduce the budget deficit to calm the financial markets. At the same time, Greece is under pressure to reduce fiscal spending during the recession. Since one of the results of cutting public spending is a reduction in benefits for pensioners, public servants, and the public sector, the unions have taken to the streets to protest against the austerity measures. This paper argues that the labour movement should look beyond its self-interest. Labour unions should exhibit union social responsibility (USR) by putting public interest before self-interest. This paper will use the labour movement in Singapore as an example of how a socially responsible labour union can help to save jobs and enable the economy to recover faster. In the fourth quarter of 2008, the Singapore economy registered a 16.4% fall in GDP, but the unemployment rate rose only from 2.5% to 3.3% in the first quarter of 2009. This was to a large extent due to the behaviour of labour unions in Singapore. The theoretical framework for socially responsible labour union action will be presented and examined in the context of the Singapore economy.
Autonomy in European Social Dialogue
Authors: Peruzzi Marco
Published: April 2022

This paper examines the meaning of 'autonomy' in European social dialogue, starting from the definition of social dialogue as adopted by the Commission and the social partners in various ways. In addition, the paper considers the applicability of collective autonomy parameters - as traditionally developed by labour law and industrial relations theory - especially after the amendments made by the Lisbon Treaty. Finally, the paper explores social dialogue as a governance model using the conceptual perspective of political science. The analysis leads to two main arguments: first, autonomy should be seen as a primarily procedural matter, related to the implementation of European collective bargaining outputs rather than to a real independence from institutions in managing negotiations. Second, autonomous agreements should be recognized as having relevance for the European legal system, even though defined as soft-law sources. In this regard, a comparison with the open method of coordination adds further meaning to autonomy in the context of European social dialogue.
Recasting Greek Industrial Relations: Internal Devaluation in Light of the Economic Crisis and European Integration
Authors: Ioannou Christos A.
Published: April 2022

In the current financial and debt crisis, the joint EC-ECB-IMF Programmes for Greece directly impact on national industrial relations. They are an in vivo feasibility test for a process of internal devaluation in the Eurozone. They test attitudes towards the EU response to the crisis through European Union (EU)/ International Monetary Fund (IMF)-sanctioned deregulation of employment and collective bargaining rights at national level. This paper analyses how the joint EC-ECB-IMF Programmes for Greece recast the system towards highly decentralized collective bargaining, in what may initially appear to be 'a unique and exceptional' case. The paper examines how the radical changes introduced by the joint EC-ECB-IMF Programmes for Greece since 2010, that find their legal basis in the Excessive Deficit Procedures of the Treaty, denote future directions of European integration for national systems of industrial relations under the Euro Plus Pact (EPP). An assessment is made of the impact of European integration on national industrial relations, considering whether the long and painful process of internal devaluation in Greece will reshape societal attitudes towards the EU and the Eurozone, resulting in profound Euroscepticism.
Industrial Relations Systems, Innovation, and Economic Performance: Uncovering Myth and Reality from a Dutch Point of View
Authors: Zagelmeyer Stefan , Looise Jan Kees , Torka Nicole
Published: April 2022

In the last two decades there has been a considerable amount of rhetoric about an alleged need to subvert established industrial relations systems for the sake of economic performance. Western Europe's Coordinated Market Economies (CMEs) have been the main target of debates centred on the question of whether a more liberal market economy is needed to increase wealth. Using the Netherlands as a case study, this paper tries to shed light on the need for change in the industrial relations systems of CMEs, and connects this discussion to the fundamental issue of innovation, a precondition for economic performance. We find that the Dutch industrial relations system does not hamper innovation and economic performance. However, while centralized and coordinated labour organizations (i.e., unions) cooperate with employers' associations and the government to respond to economic changes, their role in proactive, future-directed innovation calls for improvement.
Enforcing (EU) Non-discrimination Law: Mutual Learning between British and Italian Labour Law?
Authors: Schiek Dagmar
Published: April 2022

While substantive EU non-discrimination law has been harmonized in great detail, the enforcement regime for EU non-discrimination law consists merely of a few isolated elements. Thus, the pursuit of unity through harmonization in substantive EU law is accompanied by considerable regulatory autonomy for Member States in securing the efficiency of those laws, reflecting the diversity of national enforcement regimes, and resulting in twenty-seven different national models for enforcing discrimination law in labour markets. This article pursues two connected arguments through a comparison of rules for enforcing non-discrimination law in labour markets in Britain and Italy. First, it argues that enforcing non-discrimination law in labour markets is best achieved when responsive governance, repressive regulation and mainstreaming equality law are combined. Second, the article submits that diversity of national legal orders within the EU is not necessarily detrimental, as it offers opportunities for mutual learning across legal systems. The notion of mutual learning across systems is proposed in order to analyse the transnational migration of legal ideas within the EU. Such migration has been criticized in debates about the 'transplantation' of legal concepts or legal irritation through foreign legal ideas, in particular by comparative labour lawyers. However, EU harmonization policies in the field of non-discrimination law aim to impact on national labour laws. The article develops the notion of mutual learning across legal systems in order to establish conditions for transnational migration of legal ideas, and demonstrates the viability of these concepts by applying them to the field of non-discrimination law.
Social Security, Gender and Legal Plurality: Challenges to Harmonization in the Southern African Development Community
Authors: Kanyongolo Ngeyi Ruth
Published: April 2022

In the Southern African Development Community (SADC), the majority of people, especially women, continue to deal with the risks in their lives with limited state support. At the same time, women subsidize most of the formal social security systems despite exclusion and exploitation. Survival mechanisms operate within complex plural regulatory frameworks that engender social security and/or insecurity. A number of efforts in the SADC region are intended to harmonize the regulation of social security and to extend coverage of social security to excluded groups such as women. This article highlights the challenges to harmonization of the regulation of social security in the SADC region from a gendered perspective. By focusing on the Charter for Social Protection in SADC, the article discusses how efforts to harmonize the regulation of social security takes a legal centralist approach that fails to reflect the realities of the majority of women, thus not achieving the objective of transforming social security for the benefit of the majority. The article argues that unless the harmonization process reflects this reality, it will only perpetuate the gap between practice and rhetoric and the exclusion of women from social security systems. Harmonization efforts need to take account of the plurality of the legal and social security systems and their different impact on men and women.
Employee Know-How, Non-compete Clauses and Job Mobility across Civil and Common Law Systems
Authors: Van Caenegem William
Published: April 2022

The law relating to trade secrets and to enforcement of non-compete and confidentiality clauses in the post-termination phase impacts on the ability of employees to find new employment and to use knowledge accumulated in previous employment when they do. This article compares the approaches in select common law and civil law jurisdictions to these areas of law. The law is complex, not harmonized and often unpredictable, and a number of significant policy goals come into conflict. The article concludes that while calls for restricting non-competes have merit, they should be assessed in the context of the contiguous laws concerning other contractual clauses and trade secrets.
The EU Ban on Age-Discrimination and Older Workers: Potentials and Pitfalls
Authors: Numhauser-Henning Ann
Published: April 2022

An ageing population is a general demographic trend challenging economic sustainability in terms of employment and pensions as well as overall social cohesion in terms of intergenerational solidarity. The prohibition of discrimination on the grounds of age is potentially an important legal mechanism to promote active ageing. However, equal treatment may well turn out to be a less successful strategy than expected. After presenting recent developments in non-discrimination law more generally (section 2), this article turns to age discrimination in particular (section 3) and the Court of Justice of the European Union (CJEU) case law on compulsory retirement in relation to the Hörnfeldt case. The 'double bind' in non-discrimination law, with on the one hand, individual interests relating to fundamental rights and, on the other, more collective interests in line with active ageing, but also age as a traditional social stratifier, has led to a situation in which also direct age discrimination is justifiable (Article 6.1, Equality Employment Directive) and compulsory retirement is widely accepted by the CJEU. This scope for justified age discrimination is mainly to the detriment of EU active ageing strategies. However, it is important to consider the implications of a ban on compulsory retirement. This article argues that setting aside these provisions may well undermine employment protection as we know it, and also general developments in terms of 'good quality' work. Finally, the economic crisis and rising youth unemployment have made active ageing policies increasingly difficult.
Laval and Trade Union Cooperation: Views on the Mobilizing Potential of the Case
Authors: Seldén Kristina Lovén
Published: April 2022

Although the case law of the Court of Justice of the European Union (CJEU) in the Laval case has been thoroughly examined from both legal and political perspectives, few references have been made to its implications for cross-border trade union cooperation. Using qualitative data from interviews with European trade union representatives, this article explores whether Laval hampered or stimulated transnational cooperation and mobilization.The analysis reveals that, although the interviewees identified the Laval case as particularly significant, they had difficulty mapping out a common route for dealing with the potential consequences of the case, such as wage dumping. Competing discourses co-existed as to the measures to be taken, displaying important and historically rooted differences between European trade unions regarding the context, scope and objectives of transnational collective action. In contrast, it could be argued that the risk of wage dumping arising from the Laval case and the ongoing discussion to find ways to manage this risk led European trade unions to address controversial issues that were in need of attention. It emerges from the interview materials that the management of these issues arguably entailed mobilization but, above all, the effect on transnational union relations appeared to be constitutive.
Sanctions for Unlawful Collective Action in the Nordic Countries and Germany
Authors: Bruun Niklas , Johansson Caroline
Published: April 2022

This article compares the industrial relations systems in Finland, Sweden, Norway, Denmark, and Germany with the aim of exploring the approach to remedies and sanctions in order to find out whether national remedies and sanctions for unlawful industrial action could also be applicable to situations of 'unlawful Collective Action under EU law'. In our opinion, it is crucial for such a comparison to focus not just on the legal remedies at hand in the national legal context, but also to take into account the context of industrial relations in which they function. A comparative study of sanctions and remedies in the Nordic countries and Germany opens up a spectrum of rather complicated rules that have been fine-tuned in legal practice at national level over several decades, including rules on defining lawful collective action, mediation, and interim injunctions. The legislator and the courts have built national systems that are based on an acceptance of Collective Action as a legitimate tool for trade unions, a tool that is not allowed to be misused and that has been developed to support and fit into the national industrial relations system and traditions of collective bargaining. The starting point is that unlawful Collective Action should be subject to economic sanctions, but these sanctions should not endanger continued contractual relations between the labour market parties. Economic sanctions are not primarily calculated on the basis of economic loss on the part of the employers, but many factors are taken into account, such as the size of the trade union as well as any mitigating and aggravating factors in accordance with national law and practice. These aspects should be taken into account also in cases of 'EU-unlawful' collective action.
Legal Regulation of Representativeness and the Extension of Collective Agreements in Estonia
Authors: Pärnits Kadi
Published: April 2022

This article examines how the Estonian legal regulation of the implementation of collective agreements could be improved in order to secure a new role for these agreements, in response to the changing nature of labour relations. In particular, the article seeks to identify the changes in the regulation of collective agreements that could be introduced to extend their coverage and improve the representativeness of the parties. Since the representativeness of the parties is particularly important in enhancing the regulation and legal certainty of collective agreements, updating the regulation of extension clauses of collective agreements would contribute to the modernization of industrial relations. These topics are of great interest in the debate about collective labour law in Estonia, and the article concludes with some proposals for the improvement of the present regulations.
The Obligation to Be Available: The Case of the Trucking Industry
Authors: Coiquaud Urwana
Published: April 2022

Since the advent of the Industrial Revolution, working time has become the central focus of productive organizations. However, the heterogeneity of employment status has transformed the nature of a homogeneous and uniform working time by introducing unpredictability. It is not clear whether labour regulation can decipher this reality in all of its dimensions, or whether it offers adequate protection. Our research will focus on the Canadian regulatory framework for working time among wage-earning unionized truck drivers in the for-hire trucking industry at the international or interprovincial level. After first examining the formal rules and their case law interpretation, we will seek to better understand the obligation to be available by using the field survey method, conducted in 2014, which is essential to ‘grasp law and social practices in their interactive dynamics’. The interviews reveal that, despite extensive regulation, drivers are nevertheless subject to an obligation to be available, which can be explained by the latitude the actors have in interpreting or using the formal statement of rules, a latitude that contributes to deteriorating working conditions among truck drivers. Thus, at the margins of formal labour law, a substantial informal normative system has developed which generates this third time.
The Guiding Principles for Business and Human Rights: Labour Violations and Shared Responsibility
Authors: Milman-Sivan Faina , Dahan Yossi , Lerner Hanna
Published: April 2022

The ‘Protect, Respect, and Remedy’ Framework and the Guiding Principles on Business and Human Rights drafted by John Ruggie, the Special Representative of the UN Secretary-General for Business and Human Rights, place responsibility on multinational corporations to respect human rights in conducting their relationships with business partners. The article explicates and criticizes the normative conception of responsibility underpinning Ruggie’s approach. It does so by juxtaposing Ruggie’s approach with an alternative normative conception of shared responsibility towards workers’ rights, according to which responsibility to prevent and remedy labour rights violations should be shared by all participants in the global chains of production. The shared responsibility approach offers a set of five principles for allocating responsibility among the different participants, whereas Ruggie takes into consideration only two of these principles. Thus, we argue that the moral responsibility of business proposed by the Framework and Guiding Principles is too narrow and does not allow for a substantive protection of labour rights in global supply chains. The Framework and the Guiding Principles should be revised to place stringent responsibilities on multinational corporations. Such revisions are not only morally justified but could also be feasible, as demonstrated by recent developments, such as the creation of the Accord on Fire and Building Safety in Bangladesh and the Alliance for Bangladesh Worker Safety, as well as the demands raised by Ecuador and South Africa in the 26th session of the UN Human Rights Council.
Introduction
Authors: Blackett Adelle
Published: April 2022

The special issue contains two articles prepared for the third biennial Labour Law Research Network Conference, in Toronto in 2017, that examine national regulation on domestic work in the light of the ILO’s landmark Decent Work for Domestic Workers Convention, 2011 (Convention No. 189) and its accompanying Recommendation No. 201. (53(1) Int’l Legal Materials 250–266 (2014).) It includes a third contribution, prepared under an International Development Research Centre (IDRC) Small Grant for Research Innovation. The special issue discusses examples of regulatory innovation on decent work for domestic workers from Europe (Germany), Latin America (Argentina, Chile and Paraguay) and Africa (South Africa).