nnmar EU Industrial Relations v. National Industrial Relations

Comparative and Interdisciplinary Perspectives
Erscheinungsjahr 2008
ISBN: 978-90-411-4713-4
Verlag: Wolters Kluwer
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 358 Seiten, Web PDF

The relationship between the national and international has been central
in the debate on the impact of globalisation on national patterns of
employment relations. While some industrial relations researchers in recent
years have put forward evidence not of convergence, but rather of continuing
national diversity in employment relations, others see a complex power-sharing
interplay emerging for which Europe is the laboratory. This ground-breaking
book asks: Do EU or European industrial relations exist? What characterises EU
industrial relations and their development? What are the differences between
EU industrial relations and national industrial relations?

Twelve outstanding authorities from seven countries discuss the theme from a
variety of perspectives. Originally presented at an international and
interdisciplinary research workshop held at the Faculty of Law at Lund
University in November 2007, the essays probe a range of highly topical and
important legal and industrial relations issues and developments, including
the implications of the epochal and much-debated Laval and Viking cases from
the European Court of Justice. The focus is on the EU dimension of industrial
relations, common to the Member States, and not on comparative European
industrial relations.

The authors raise and discuss such crucial issues as the following:

-
the power relationship and interactions between the social partners within the
framework of the social dialogue;

-
growing problems of posting of workers, low wage competition, and ‘social
dumping’;

-
approaches to creating an EU legal framework for transnational collective
agreements;

-
the right to take industrial action in order to achieve collective agreements;

-
the fundamental asymmetry between the scope of action of players in companies
and territories affected by restructurings;

-
information, consultation and worker participation;

-
potential benefits of increased tripartite co-operation between the social
partners and governments;

-
compatibility of the Swedish or Nordic system with the four freedoms and its
eligibility as a European model; and

-
issues of private international law arising from collective actions with
transnational implications.

An appendix includes relevant EC legislation and the ECJ opinions in Laval and
Viking. EU Industrial Relations vs National Industrial Relations
explores an emerging and still inchoate realm of law that is heavily fraught
with implications for the near future of social relations, not only in Europe
but worldwide. Labour lawyers and policymakers will greatly appreciate its
precise stocktaking, its insightful analysis, and its well-informed
recommendations on how to proceed in the realm of practical law.

Autoren/Hrsg.

Rönnmar, Mia

Fachgebiete

• Rechtswissenschaften Arbeitsrecht