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Lecture 9 notes Comparative Labour Law
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Comparative Labour LawLecture 9
- collective bargaining immersed in the EU 19th century when workers formed unions;
they formed employers (mainly through strikes) to improve working conditions. the
first c.a. were often called ‘peace treaties’ that put an end to strikes.
- the spread of c.a. was slow; only after WWI could c.a. develop as a proper source of
law where workers could look at for their employment.
- in the 1970’s; 80 to 90% of the workers were covered by a c.a.
The map of collective bargaining in Europe 1
all over europe, practices of collective bargaining vary enormously
● at first, we have seen the differences in percentages of workers covered by c.a.’s
● secondly; collective bargaining can be practiced at various levels
○ company level
○ sectoral level
○ all-industry level
The map of collective bargaining in Europe 2
c.b. can be practiced at ..
● on this sheet he has shown the intensity of the levels. only * is moderately intensive,
with ** it’s very intensive. with no * there’s no such thing as all-industry levels.
to give an idea of the intensity of some of the practises:
[insert ss of table]
● This table shows that in NED, GERM, BEL, FR, the level of employment conditions of
most workers is predominantly determined by industry rights collective agreement.
Traditionally, there are also company level agreement.s.
● in most Eastern european countries, c.b. is done to the largest extent on company
level (not shown in table)
● In other countries there has been increasing pressure the past years, especially from
employers, to decentralize the fixation of employment conditions to the company
level. The reason for this is that sociologists found out that centralisation of c.b.
strengthens the power and authority of t.u. and influences the degree of strikes.
○ the degree of centralisation of bargaining structures is nearly
inversely proportional to the number of strikes → explains why crisis
of 2008 has led EU and other authorities to pressure EU countries to
change their systems of IR;
■ they should transfer the collective setting of wages and working
conditions closer to enterprise and individual contracts between
employers and employees.
■ → a number of countries have seen restrictions on the role of
social partners, especially influencing labour market
regulation. however, many employers remain cautions in this
centralisation quest because of clear disadvantages
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