Social Responsibility in Labour Relations: European and Comparative Perspectives

Neuausgabe 2008
ISBN: 978-90-411-2783-9
Verlag: Wolters Kluwer

Buch, Englisch, Band 38, 576 Seiten

Reihe: Studies in Employment and Social Policy

Since 1945, socially moderated market economies have formed the cornerstone of
the European socioeconomic model. Now, however due to powerful global
economic, political and demographic tendencies tensions between social and
economic interests and values are increasing. These developments create an
urgent need for answers, actions and measures on the European level.

This wide-ranging but focused collection of essays approaches this important
trend from multiple perspectives. Compiled in honour of the major European
labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses
and insights by forty-one distinguished contributors from seven countries.
Four major tensions are identified: between the European and national level,
between fundamental rights and economic freedoms, between workers and
employers, and between soft and hard law instruments. Throughout, a
comparative approach is emphasized, not only within the EU but also between
the EU and China and South Africa. Among the many topics covered are the
following:

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relocation of labour to low-wage countries both within and outside the EU;

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conditions for tempering the excesses of the free labour market;

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the legal weight of voluntary standards such as codes of conduct;

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extending the scope of application of corporate social responsibility norms to
transnational enterprises;

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pressure on national social law due to flexibilization, deregulation and
individualization;

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contract termination protection;

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employability and training of employees;

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fixed-term work in the wake of the Mangold ruling;

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adjustment of working conditions for ill and disabled workers;

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right to strike; and

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restructuring of enterprises.

In light of the Lisbon strategy, the authors address how the various tensions
should be reconciled, especially in the context of the flexicurity approach.

The book will be of great interest to academics and practitioners for its
clear categorization of the issues which must be overcome when regulating
employment and social policy in the context of todayand#8217;s EU multilevel legal
order. It pays detailed attention to the legal questions raised by emerging
European labour and employment policies in respect of their specific
materialization, the opportunities they offer, their feasibility, and the
threats they pose to traditional workerand#8217;s protection and, more generally, to
traditional concepts of labour law.

Autoren/Hrsg.

Pennings, Frans

Konijn, Yvonne

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Arbeits- und Sozialrecht
• Rechtswissenschaften Arbeitsrecht

Inhaltsverzeichnis

List of contributors. Introduction: Part 1 Dilemma’s of European social policy 1. The place and role of comparative labour law in the framework of the European Union Rolf Birk 2. Enforcement of EC labour law: some less felicitous consequences? Sacha Prechal 3. Can a stronger anchoring of European labour law and social security law to Community law guarantee a sustainable European Social Model? Marc Rigaux and Jan Buelens 4. Corporate Social Responsibility and (European) Labour Law, friends or foes? Filip Dorssemont 5. Social Responsibility of Enterprises: A Bridge between Labour and Economic Law Bart Hessel 6. The Coherency of European Social Policy: the ECJ caught between Flexible Employment Policies and upholding European Employment Rights Albertine Veldman 7. Chinese labour law rules viewed with European eyes Wolfgang Däubler Part 2 Social responsibility and the modern enterprise 8. Life-long-learning as an individual social right Guus Heerma van Voss 9. Workers’ protection in transnational companies Isabelle Daugareilh 10. Transnational corporate social responsibility – some issues with regard to the liability of European corporations for labour law infringements in the countries of establishment of their suppliers Aukje A.H. van Hoek 11. Decent work – fair wages. New questions for European labour law? Ulrike Wendeling-Schröder 12. Enterprise responsibility for sexual harassment in the workplace: comparing Dutch and South African law Darcy du Toit 13. Justifying and applying vicarious liability Marlies Vegter 14. The responsibility of the modern enterprise in the reduction of sickness and the promotion of reintegration of disabled workers Frans Pennings 15. Protection against the termination of a contract of employment – Lessons from a comparison between Dutch and German law Bernd Waas Part 3 Flexibility and security 16. Mapping out flexicurity pathways in the European Union Ton Wilthagen 17. Modernizing the European Social Model by a ‘Leonine Partnership’: the socially ‘irresponsible’ enterprise in the age of flexicurity Edoardo Ales 18. Adapting work to the worker. The individual and international working time regulations Willem Bouwens and Pauline Burger 19. Fixed-term work in the recent case law of the European Court of Justice Silvana Sciarra 20. Achieving the Fixed-Term Work Directive’s aims: United Kingdom Implementation and Comparative Perspectives Pascale Lorber 21. Dismissal law proposals and the flexicurity strategy Daniel Cuypers and Evert Verhulp Part 4 Employability and integration of outsiders of the labour market 22. European equality law or: losing sight of the wood for the trees Marjolein van den Brink, Susanne Burri, Jenny Goldschmidt and Titia Loenen 23. Equal treatment and gender justice in corporate policies on social responsibility Eva Kocher 24. Training vouchers and active labour market policy: An easy or uneasy marriage? Erik de Gier 25. The integration of older workers in European labour markets: between macro desires and micro reality Saskia Klosse and Joop Schippers Part 5 Social dialogue and restructuring of enterprises 26. The employee, the severance payment and the insolvent employer Ferdinand Grapperhaus 27. The proof of the pudding …? Comparison of collective dismissal schemes in view of the Lisbon agenda Juliette Huyzer and Wilco Oostwouder 28. ILO Conventions 135 and 154 and works councils’ powers in making an agreement on labour conditions with the Company Sjef de Laat and Jaap van Slooten 29. Consultation, negotiation and codetermination in Europe: what kind of interactions? Corinne Sachs-Durand 30. The revision of the EU Directive on European works councils in the light of the Treaty of Lisbon Antoine Jacobs 31. Lockout: a Dadaist study of a relic(t) Patrick Humblet 32. Three steps of reflections regarding the Viking and Laval Case: Towards an effective European right to strike Thomas Blanke Conclusions