The evolution of Labour Law (1992-2003). General report

Silviana Sciarra - Professor of Labour Law , Florence University
European Union Publications Office, 2005

ISBN 92-894-8501-9

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Table of Contents

Sections

Contents

Introduction

1. The composition and the mandate of the research group. 2. The structure of the General Report.

A comparative legal methodology

1. National constitutional traditions. 2. Convergence of legal standards.

Constitutional developments

1. The institutional context. 2. The incorporation of the European Convention on Human Rights (ECHR) in national legal systems. 3. The expansion of constitutional rights.

The impact of the European Employment Strategy on national labour law

1. From Maastricht to Amsterdam and Lisbon. 2. Changes within national administrations under the OMC. 3. How to preserve a language of rights in the OMC.

Evolution and the autonomy of labour law

1. Autonomy from commercial law: agency work. 2. Autonomy from the market: economically dependent work. Beyond dependent and self-employed workers. 3. Family-friendly labour law.

Areas of evolution, with adjustments towards flexibility

1. Fixed-term contracts. 2. Part-time work.

The evolving relationship between law and collective agreements

1. Collective agreements and derogation from the law. 2. How to rationalise the structure of collective bargaining. 3. The expansion of collective agreements to new groups of workers and content. 4. Conclusions.

Changes in regulatory techniques

The impact of EU law

1. Anti-discrimination law.

Concluding remarks

1. Main features in the evolution of labour law. 2. Challenges and open questions.

Annex: national report executive summaries

Austria. Belgium. Denmark. Finland. France. Germany. Greece. I. Labour law trends 1992 to 2003. II. Ongoing developments. III. Two significant changes. IV. Overall assessment. Ireland. Italy. Luxembourg. The Netherlands. Developments after 2002 Portugal. Spain. Sweden. United Kingdom.