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Collective labour law is, for the most part, national law. It is often the result of social struggle and political compromise occurring in the national context. Unlike other fields of private law, it has not been the object of legal harmonisation, at either international or European levels. However, as national frontiers progressively open up for goods and services, collective labour law has become increasingly exposed to international and supranational law. This book contains the papers presented at an international conference held at the Max Planck Institute for Comparative and International Private Law in 2014. The authors look, from a comparative perspective, at current developments in the fields of collective bargaining and employee participation in several European countries and in China. They analyse the extent to which differences between the national legal systems still prevail and whether common features are about to emerge.

AbstractCollective labour rights, including the right to organize and strike, were recognized in the principles of the International Labour Organization (ILO) as fundamental rights. Despite their importance, different countries enacted legislation that included a ban on police organization in trade unions or a ban just on police strikes. The right of police officers to organize and strike is of particular importance nowadays at a time of increased public scrutiny and large-scale protests over incidents of extra-judicial killing by police. There is a need to recognize collective rights for police officers in order to improve working conditions and organizational justice at work for them as a way of moderating officers' perspectives of public hostility and improving their capability to carry out their duties. Another benefit of recognizing a right to organize is the union's capacity to advance important values, including avoiding racism and violence and assuring the compliance of individual officers with the ethics and code of conduct expected from police officers. This article seeks to address the unique topic of the linkage between the collective labour rights of police officers and varieties of constitutionalism in these critical times. It introduces two potential approaches in this regard: (1) global labour constitutionalism; and (2) militaristic labour constitutionalism. The former implements international standards set by the ILO as a basis for constitutionalism while the latter emphasizes domestic issues and the need to maintain the public order and security of citizens. The article examines the possibility of applying global labour constitutionalism as a basis for recognizing collective rights for police officers.

In recent years, Vietnam has witnessed its economic slowdown. In the labor market, low wages, poor working conditions, violations of labor law are common; labor disputes and strikes increase and these have been negatively affecting workers' lives. Reason for this situation is that the market economy has developed at a higher level; Vietnamese enterprises have become more and more competitive. In the struggle for survival, they seek for lower production costs by all possible ways, including wages and the workers unavoidably became a victim. Labor relations are not harmonious because of the imbalance of bargaining power between the two bargaining actors; collective agreements are underdeveloped. By using a comparative approach, mainly focusing on the labor legislation of Vietnam and Sweden, this dissertation provides relatively in-depth analyses on theoretical and practical issues of collective agreements. It also points out the remaining shortcomings in the Vietnamese bargaining legislation and puts forwards various recommendations to improve the bargaining system in Vietnam.

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow

"This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures, and collective bargaining itself. As the distinguished group of participating authors show, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators - and other key actors - makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel underrepresented by existing institutions have contributed to new types of protest and 'agency'. Building on classic debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, broadly construed"---Bloomsbury Publishing

This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters

Cover -- Preface -- Contents -- Abbreviations -- Part I: Setting the Stage -- A. Collective Bargaining and its Interaction with State Legislation and Individual Employment Contracts -- Örjan Edström: Collective Labour Law in the Nordic Countries: The Relationship between Individual Employment Contracts and State Legislation -- I. Introduction -- 1. The collective dimension -- 2. EU law and some other international legal instruments -- II. Basic features in the development of Nordic labour law -- 1. The liberal era - the beginning of a new order -- 2. Self-regulation, basic agreements and arrangements -- 3. Legislation confirming self-regulation -- 4. Collective labour law today -- 5. Labour market organizations and trends -- III. The trade union representative -- IV. Industrial action -- V. Codetermination - information and consultation -- VI. The individual contract and labour law -- 1. Employment protection -- 2. Discrimination law -- VII. Challenges and impact from EU law -- VIII. Collective regulation of working life together with state intervention? -- 1. Self-regulation within the framework of law -- 2. Self-regulation and the development of a reflexive law -- 3. Regulations on the individual employment contract -- 4. International influences and enforced individual rights -- IX. Final conclusions -- Matteo Fornasier: Collective Bargaining in Germany and its Interaction with State Legislation and Individual Employment Contracts -- I. Introduction: Sources of German labour law -- II. Foundations of the German system of collective bargaining -- 1. Legal sources regulating the terms of employment and the two mechanisms of collective bargaining -- a) Tarifvertrag -- b) Betriebsvereinbarung -- 2. Hierarchy of legal sources -- III. Current trends and developments -- 1. Flexibilisation.

Intro -- CONTENTS -- LIST OF REPORTERS -- LIST OF CASES - BY JURISDICTION -- LIST OF CASES - BY SUBJECT MATTER -- PART ONE: GENERAL PRINCIPLES OF LABOUR LAW AND KEY CONCEPTS -- PART TWO: BASIC RIGHTS PERTAINING TO LABOUR -- PART THREE: MANPOWER (No Case Reports for Volume 22) -- PART FOUR: INDIVIDUAL EMPLOYMENT RELATIONSHIP -- PART FIVE: COLLECTIVE LABOUR RELATIONS -- PART SIX: ADMINISTRATION: JUDICIAL AND GENERAL.

The European Commission has recently begun to reflect on whether competition law is a barrier to the formation of collective labour agreements between industry and atypical workers. The policy focus to date has been on whether and how to extend the antitrust labour exemptions to certain classes of atypical worker. This paper shows how efforts in this direction in the Netherlands and Ireland have revealed that this is a tricky path to pursue. As a result, the paper proposes four additional approaches: three of these indicate that even if atypical workers are treated as undertakings and collective bargains between them and employers fall to be assessed under competition law, many agreements will unlikely have anticompetitive effects and for those that may do so, exemptions are possible. A fifth approach is that active antitrust enforcement against employers imposing unfair terms on atypical workers may function to solve some of the concerns that collective bargaining seeks to address.

"This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how such inclusivity might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and inclusive conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work."

This article aims to identify the normative relationships between the notion of employer defined in individual labour law and collective labour law. The paper covers problems relating to both theoretical and practical problems.