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EU Collective Labour Law

EU Collective Labour Law

Author: Beryl ter Haar; Attila Kun
Publisher: Edward Elgar Publishing
ISBN: 9781788116381
Published In: January 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

1. Introduction to EU Collective Labour Law

Beryl ter Haar and Attila Kun

PART I. CONCEPTUAL ISSUES AND LEGAL SOURCES OF INFLUENCE

2. EU Collective Labour Law: if any, how?

Edoardo Ales

3. Conceptual issues on representation and solidarity

Jérôme Porta and Tatiana Sachs

4. Collective bargaining: (not just) a fundamental right

Vincenzo Pietrogiovanni

5. The right to strike as a fundamental right

Piotr Grzebyk

6. Council of Europe: European Social Charter and European Convention on Human Rights

Elena Gerasimova and Elena Sychenko

7. Collective labour law and the European Union: an ILO perspective

Valérie Van Goethem and Vongai Masocha

PART II. SOCIAL DIALOGUE

8. The politics of EU Social Dialogue

Paul Copeland

9. Social Dialogue in the EU (legal)

Natalie Videbæk Munkholm

10. EU issues on tripartism

Jozef Kšiňan

11. European Sectoral Social Dialogue

Manuel Antonio García-Muñoz Alhambra

12. European Social Dialogue and Associated Countries

Zakaria Shvelidze

13. Social Partners’ involvement in the EU-level social policy issues, focusing on pensions and unemployment

József Hajdú

14. Social Dialogue and Corporate Social Responsibility (CSR) in the EU

Attila Kun

PART III EMPLOYEES’ INVOLVEMENT AND COLLECTIVE BARGAINING

15.Information and consultation rights

Elisabeth Brameshuber

16. European Works Councils

Iacopo Senatori and Angela Rauseo

17. The EU and transnational company agreements

Beryl ter Haar

18. Collective bargaining in the public sector: different models in a distinct international framework

Alexander De Becker

19. Occupational health and safety – representation and participation

Diana Haas and Wolfhard Kohte

20. Board-level representation

Daniel Ulber

21. The role of employees (and their representatives) in company restructuring

Teresa Coelho Moreira and David Carvalho Martins

22. The influence of a transfer of undertaking on collective agreements and employee representation

Łukasz Pisarczyk and Katarzyna Wieczorek

23. Collective bargaining and EU competition law

Teun Jaspers

24. Collective bargaining and equal treatment

Petra Herzfeld Olsson

25. Social partners, labour inspectorates and the enforcement of the EU’s social dimension

Pieter Pecinovsky and Mariagrazia Lombardi

PART IV. OUTLOOK AND FUTURE CHALLENGES

26. Overview of common issues and evolution of EU Collective Labour Law

Daiva Petrylaité

27. Re-introducing a human face – the future of EU Collective Labour Law?

Tonia Novitz

Index

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