Overview

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.

Full Product Details

Author:   Beryl ter Haar ,  Attila Kun
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781788116381

ISBN 10:   1788116380
Pages:   488
Publication Date:   31 December 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of 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

Reviews

'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.' - Desiree LeClercq, Cornell University, US

'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.' - Desiree LeClercq, Cornell University, US

Author Information

Edited by Beryl ter Haar, Professor and Head of the Centre for International and European Labour Law Studies (CIELLS), University of Warsaw, Poland and Endowed Professor of European and Comparative Labour Law, University of Groningen, the Netherlands and Attila Kun, Professor and Head of Department, Department of Labour Law and Social Security, Faculty of Law, Károli Gáspár University of the Reformed Church in Hungary (KRE) and Professor, Institute of Human Resources, Hungarian National University of Public Service (NKE), Hungary

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