scholarly journals The floor of rights in European labour law

1970 ◽  
Vol 15 (3) ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Collective Bargaining ◽  
Labour Market ◽  
European Countries ◽  
Labour Law ◽  
Labour Market Flexibility ◽  
European Labour Law ◽  
The Way

Most European countries have legislated to provide a basic floor of rights which underpins collective bargaining. This article reviews the experiences of the major European countries and examines the way that the floor of rights is being extended. It also discusses the floor of rights in the context of the search for labour market flexibility.

Annualised Hours Contracts: The Way Forward in Labour Market Flexibility?

2003 ◽  
Vol 185 ◽  
pp. 64-77 ◽  
Author(s):  
David N.F. Bell ◽  
Robert A. Hart
Keyword(s):  
Labour Market ◽  
Empirical Work ◽  
Working Hours ◽  
Work Organisation ◽  
Service Demand ◽  
Labour Market Flexibility ◽  
British Labour ◽  
The Way

Under annualised hours' contracts (AHCs), workers and management agree to the length and scheduling of working hours over a 12-month period. Such contracts have been widely seen as a potentially important way of achieving greater labour market flexibility and enhanced efficiency in work organisation. There exists very little empirical work on these contracts and this study is intended to provide insights into their British labour market role and potential. Especially for workers who are not in management or a profession, the costs of switching to AHCs are substantial. The enterprises that are likely to gain from the switch are those that (a) experience significant fluctuations in output/service demand and (b) desire to utilise plant and space more intensively over the calendar year. In this latter respect, plants incorporating complex shift operations are particularly associated with AHCs.

scholarly journals Re-thinking the competition law/labour law interaction: Promoting a fairer labour market

2019 ◽  
Vol 10 (3) ◽  
pp. 291-333 ◽  
Author(s):  
Ioannis Lianos ◽  
Nicola Countouris ◽  
Valerio De Stefano
Keyword(s):  
Collective Bargaining ◽  
Labour Market ◽  
Competition Law ◽  
Labour Law ◽  
Legal Construction

The spread of non-standard forms of work, including platform work, has created some friction between labour law and competition law, in particular concerning the collective bargaining of self-employed workers. This article aims to suggest a different, complementary rather than antagonistic, relationship between competition law and labour law. It initially explores the legal construction of the antagonistic relation between labour law and competition law, which is based on the conceptualisation of the two areas of law as separate and isolated legal fields. It explains that such conceptualisation is problematic as it leads to the risk of fundamental conflicts between the two disciplines and some uncertainty as to their respective scope, with the result that the level of labour protection may suffer. This calls for breaking the dichotomy and for ensuring a continuum of protection for various forms of labour, under both labour law and competition law. It thus puts forward concrete suggestions as to the strategies to be followed in order to achieve this goal.

The Crisis and National Labour Law Reforms

2012 ◽  
Vol 3 (1) ◽  
pp. 54-69 ◽  
Author(s):  
Stefan Clauwaert ◽  
Isabelle Schömann
Keyword(s):  
Collective Bargaining ◽  
Large Scale ◽  
Negative Impact ◽  
Industrial Relations ◽  
European Countries ◽  
Soft Law ◽  
Social Rights ◽  
Labour Law ◽  
Social Dialogue ◽  
Minimum Standards

This paper1 maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers' protection.

scholarly journals Rules on Home Office Work and Telework in Romania and in Hungary

2020 ◽  
Vol 1 (2) ◽  
pp. 177-191
Author(s):  
Magdolna Vallasek ◽  
Gábor Mélypataki
Keyword(s):  
Labour Market ◽  
Crisis Management ◽  
European Countries ◽  
Legal Institutions ◽  
Office Work ◽  
Labour Law ◽  
Home Office ◽  
Central European ◽  
Unexpected Effect ◽  
Social Partners

Pandemic crisis management requires new solutions that are not necessarily workable options in the traditional labour market. It is not about starting from scratch but about bringing to the fore legal institutions that have not been significant so far. This has had an unexpected effect on the labour law of Central European countries, as social partners fundamentally distrust atypical forms of work. This situation is also true for Romania and Hungary. In our study, we do not intend to present all forms, but only the two most important legal instruments in the labour market shaped by the pandemic; we analyse teleworking and home office work.

scholarly journals The Labour Market in a Deregulated Economy

1970 ◽  
Vol 13 (2) ◽  
Author(s):  
A. Williams
Keyword(s):  
Labour Market ◽  
Price Competition ◽  
Labour Law ◽  
Labour Market Flexibility ◽  
The Face ◽  
Factor Markets ◽  
Operational Practices ◽  
Special Case ◽  
Structural Shifts

This paper attempts to extend the debate over labour market flexibility by incorporating some of the larger exogenous issues that are currently shaping New Zealand's future as a trading nation. It argues that structural shifts in the face of global price competition have important consequences for labour demand and in turn for both the institutional agencies of industial relations and for operational practices. The increasing importance of the formative role of mu;lti-national corporate practices are also discussed, particularly their tendency to treat labour supply requirements as a special case of factor markets in which the human factor is melded into an integrated socio-economic system. The paper concludes that current changes in labour law have still not addressed the question of the degree of flexibility that a deregulated labour market might require and that the potential for considerable conflict exists between employer and trade union perceptions as to the roles of current institutions.

Opportunities and challenges for flexicurity - The Danish example

2006 ◽  
Vol 12 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Thomas Bredgaard ◽  
Flemming Larsen ◽  
Per Kongshøj Madsen
Keyword(s):  
Social Security ◽  
Labour Market ◽  
International Perspective ◽  
European Countries ◽  
Labour Market Policy ◽  
Unemployment Benefits ◽  
Active Labour Market Policy ◽  
Market Policy ◽  
Labour Market Flexibility ◽  
Active Labour

The contraction of two previously opposed concepts, ‘flexibility’ and ‘security’, into that of flexicurity has become one of the most popular labour market concepts in recent years, and one that seems to cross European borders relatively easily. Seen in an international perspective, Denmark is characterised by a relatively flexible labour market and an extensive social security system. It is widely assumed that these favourable results are due to the special Danish combination of flexible employment regulations, an active labour market policy including rights and duties of education and placement, and relatively high unemployment benefits. In recent years the concept flexicurity has come to be used to describe the particular Danish mix of labour market flexibility and social security. Against this background, this article outlines the economic and political characteristics of the Danish ‘flexicurity model’, and the current challenges facing this model. Finally, the lessons that other European countries can learn from this Danish model will be presented.

Economic Variations and Their Impact on Labor Legislation Throughout History in Argentina

2018 ◽  
pp. 77-98
Author(s):  
Andrea Isabel Franconi
Keyword(s):  
Social Security ◽  
Collective Bargaining ◽  
Labour Market ◽  
Labour Force ◽  
Strong Impact ◽  
Labour Law ◽  
Employment Contracts ◽  
Labor Legislation ◽  
Labour Legislation ◽  
Relationship Of

Throughout history, Argentina has undergone a series of profound economic variations, which, as such, have produced a strong impact on labor legislation and social security. The access key in Argentina to labour law protection is the existence of a relationship of dependence. This turns to be an inclusive and exclusive condition because it divides strictly the labour market and the labour force inherent in two different areas, namely, the subordinate workers (who are included in the labour protection system) and the rest of the employees, including among the latest, the ones involved in non-typical forms of employment contracts. For such purposes, it is important to analyze different periods of time, selecting the more significant ones to see the evolution of Argentinean labour legislation. It is also relevant to describe the consequences caused by economic and political variations on collective bargaining in order to understand the composition of the actual labour force in Argentina.

Wage Determination and Information Sharing: An Alternative Approach to Incomes Policy?

1983 ◽  
Vol 25 (2) ◽  
pp. 177-200 ◽  
Author(s):  
Haruo Shimada
Keyword(s):  
Collective Bargaining ◽  
Information Sharing ◽  
Labour Market ◽  
Full Employment ◽  
Japanese Economy ◽  
Wage Determination ◽  
Labour Market Flexibility ◽  
Alternative Approach ◽  
Incomes Policy ◽  
Oil Crises

The flexibility of the Japanese labour market attracts attention domestically as well as abroad. It is widely believed that labour market flexibility, particularly of wages, has been highly instrumental in rapidly restoring the equilibrium of the Japanese economy with stable prices and nearly full employment through the storms of the oil crises in the 1970s. The paper first identifies the meaning of alleged wage flexibility in the context of the Japanese labour market. Next it reviews what has happened in the system of wage determination under collective bargaining, known as shuntō or synchronised wage negotiations in spring, during the adjustment years following the oil crises. The prime focus is on the functional reforms of the shuntō system as a source of renderinig flexibility to aggregate patterns of wage changes. Finally the paper attempts to interpret such developments from the viewpoint of corporatism.

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