1. THE FUTURE OF LABOUR LAW IN EUROPE
The European Social Model

3. EU ENLARGED EUROPE: 27 STATES = = 500,000,000 people:
7% of the world population.
1/3 of world GDP
Multi-cultural
Greying of the population

4. SUBJECT OF LABOUR LAW Relations between employee(s) and employer(s)
Individual labour relations
Search and selection
Contracts of employment
Categories of workers
Working conditions
Wages
Working time, holidays, annual vacation…
Sickness
Job security
Individual
Collective
Non competition

5. SUBJECT OF LABOUR LAW Collective labour relations Trade Union Freedom
Workers participation
Shop stewards
Committees of Health and Hygiene
Works Councils
Board of companies
Collective bargaining
Industrial conflict: strike and lock-outs.

6. FRAMEWORK=GLOBALISATION
Supercapitalism: share holders value
Multinationals
Central decision making
Research and Transfer of NT
Global market
Freedom of investment, of capital,
and goods
Crisis
Financial
Recession – collective redundancies

7. LABOUR LAW = NATIONAL Employee relations remain national
Diversity is the rule and there to stay
Culture
Unionisation – trade union structure
Employers’ organisations
Collective bargaining – incomes policies
Words and gestures
Convergence of costs vs. divergence of content

8. EU: SOCIAL OBJECTIVES OBJECTIVES A HIGH LEVEL OF EMPLOYMENT
A HIGH LEVEL OF SOCIAL PROTECTION
EQUAL TREATMENT
IMPROVED LIVING CONDITIONS
IMPROVED WORKING CONDITIONS
PROPER SOCIAL PROTECTION
SOCIAL DIALOGUE
UPWARDS HARMONISATION
COMBATTING OF SOCIAL EXCLUSION

9. Fundamental social rights
EUROPEAN COMPETENCE
Fundamental social rights
Majority voting: 2/3 of States; 62% population
working conditions
information - consultation
health and safety
Unanimity:
job security - social security - taxes
workers participation
collective bargaining
Excluded:
remuneration-
trade union freedom
strikes and lock-outs

10. GLOBAL CHALLENGE “Core social” competences are national (unanimity)
There is competition between the Member States EU regarding taxes, wage cost, labour market policies….: race to the bottom?
Power relations between business and labour have dramatically changed
There is no European Social Model
Wage cost and labour market policies are national affairs in the EU
Local answers: Each Member State is on his own !!!!!

11. SOURCES OF LABOUR LAW Legislation (regulations & directives)
Collective agreements (power relations)
Case Law (ECJ) = strong
Soft law: Guidelines

12. ACQUIS COMMUNAUTAIRE Free movement of workers (art. 39)
Individual employment contracts (1991)
Protection of young people at work (1994)
Equal treatment (art. 141 and directives)
Motherhood (1992)
Working time (1993)
Safety and health (Art. 137 and directives)
Collective redundancies ( )
Transfer of undertakings ( )
Insolvency of the employer (1980)
European Works Councils ( )

13. ACQUIS COMMUNAUTAIRE Parental leave (1996) Posting of workers (1996)
Part-time (1997)
Reversal of proof in case of discrimination (1997)
Agreement on fixed term contracts (1999)
Equal treatment (racial-ethnic origin) (2000)
Equal treatment (general framework) (2000)
European Company Statute (2001)
Information and consultation (2002)
Voluntary agreement on telework (2002)
Voluntary agreement on related work stress (2004)
Equal opportunities & men & women (2006)
Voluntary Agreement on violence and harassment at work (2007)
Temporay Agency work (2008)

14. EU EMPLOYMENT GUIDELINES
Open Method of coordination
Guidelines
National plans – evaluation
Employability = flexsecurity
Entrepeneurship
Adaptability
Equal opportunities

15. SOCIAL DIALOGUE A lot of contact – almost no contract
Agreements + directive
Parental leave (1996)
Part time (1997)
Fixed term contracts (1999)
Some sectoral agreements
Voluntary agreements
Telework (2002)
Stress related work (2004)
Violence and harassment at Work (2007)

16. GOAL OF LABOUR LAW = FLEXICURITY
Match supply and demand on the labour market: create more and better jobs
Balance
* As much flexibility as possible
* As much security as necessary
From job security to employment security
Role of governments, of the private employment agencies and social partners
Transsecurity (Sweden)

17. CONCLUSIONS Companies need to be flexible. Workers need security
Power relationship has been dramatically changed in favour of capital
The economy is global, the social answer local.
Without strong European social policies, flexicurity may be one way street, unless shortage of labour, due to the greying of the population, pushes companies to provide for more employability and security.

18. FUTURE OF LABOUR LAW International&European: soft law
EU: voluntary agreements & open method of coordination
Hard law: hard to agree, even in case of qualified majority
Case law: European Court of Justice will be main initiator of future labour law
Equal treatment (gender, age….)
Acquired rights: transfer of enterprises
Main developments: national, as indicated, fore-ever
It is not forbidden to dream !!!!!!!!!!!!!!!!!!