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EU Collective Labour Law

Edited by: Beryl ter Haar, Attila Kun

ISBN13: 9781788116381
Published: January 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £153.00



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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.

Subjects:
Employment Law, EU Law
Contents:
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