New European Economic Governance and Decentralisation of the Collective Bargaining Structure in Italy

New European Economic Governance and Decentralisation of the Collective Bargaining Structure in Italy
Author: Francesca Bergamante
Publisher:
Total Pages: 19
Release: 2018
Genre:
ISBN:

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A widespread belief considers decentralization of collective bargaining as a key element in introducing relevant innovations and changes in the work organization. In relation to this belief, since 2011 the Italian collective bargaining system is being specifically monitored by European institutions urging for “further reform [of] the collective wage bargaining system allowing firm-level agreements to tailor wages and working conditions to firms' specific needs”. In spite of the scepticism concerning the new European macroeconomic governance judicial constraints, it is undeniable that this new set of regulations, procedures and institutions induced a favourable climate for non-regulatory interventions in this field as an acceptable and possible exit strategy from the economic crisis. Nevertheless, in Italy, this climate has not yet modified the collective bargaining structure that, as of today, remains strongly centralized. This framework has not changed, even though in these years hard and soft policies have been implemented in order to alter the hierarchical two-tier system of bargaining. To this end, the article aims to provide an in-depth analysis of the collective bargaining trends in Italy, using data from the INAPP-RIL survey conducted on a sample of approximately 22,000 Italian firms. In the first part, we analyse data from 2005 to 2015, focusing on multi-employer and single-employer bargaining, with particular regard to employer association membership. In the second one, we investigate the single-employer bargaining in 2015, breaking down data with reference to business size, economic sector and geographical area. Data confirm that in Italy, as in other countries, the dominant level of bargaining seems to be a matter of agreement and not of law. The paper shows that the share of firms applying a multi-employer collective agreement increased from 2010 to 2015, while at the same time the employer association membership decreased. In these years the share of firms declaring the application of firm-level agreements did not increase and the second level of bargaining remains strongly related to firms' dimension and economic sector. Furthermore, firm-level agreements are mostly used to regulate productivity-related pay and “soft” issues (e.g. corporate welfare and work-life balance) still continue to be negligible.

Wage bargaining under the new European Economic Governance

Wage bargaining under the new European Economic Governance
Author: Guy Van Gyes
Publisher: ETUI
Total Pages: 419
Release: 2015-09-28
Genre: Collective bargaining
ISBN: 2874523739

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Within the framework of the new European economic governance, neoliberal views on wages have further increased in prominence and have steered various reforms of collective bargaining rules and practices. As the crisis in Europe came to be largely interpreted as a crisis of competitiveness, wages were seen as the core adjustment variable for ‘internal devaluation’, the claim being that competitiveness could be restored through a reduction of labour costs. This book proposes an alternative view according to which wage developments need to be strengthened through a Europe-wide coordinated reconstruction of collective bargaining as a precondition for more sustainable and more inclusive growth in Europe. It contains major research findings from the CAWIE2 – Collectively Agreed Wages in Europe – project, conducted in 2014–2015 for the purpose of discussing and debating the currently dominant policy perspectives on collectively-bargained wage systems under the new European economic governance.

The Sources of Labour Law

The Sources of Labour Law
Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
Total Pages: 608
Release: 2019-12-06
Genre: Law
ISBN: 9403502045

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Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Negotiating Our Way Up Collective Bargaining in a Changing World of Work

Negotiating Our Way Up Collective Bargaining in a Changing World of Work
Author: OECD
Publisher: OECD Publishing
Total Pages: 270
Release: 2019-11-18
Genre:
ISBN: 9264362576

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Collective bargaining and workers’ voice are often discussed in the past rather than in the future tense, but can they play a role in the context of a rapidly changing world of work? This report provides a comprehensive assessment of the functioning of collective bargaining systems and workers’ voice arrangements across OECD countries, and new insights on their effect on labour market performance today.

The Role of the Court of Justice in EU Labour Law

The Role of the Court of Justice in EU Labour Law
Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
Total Pages: 371
Release: 2023-05-17
Genre: Law
ISBN: 9403530065

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In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

Collective Bargaining Developments in Times of Crisis

Collective Bargaining Developments in Times of Crisis
Author: Sylvaine Laulom
Publisher: Kluwer Law International B.V.
Total Pages: 368
Release: 2016-04-24
Genre: Law
ISBN: 9041190279

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In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.

Horizontal Europeanisation

Horizontal Europeanisation
Author: Martin Heidenreich
Publisher: Routledge
Total Pages: 227
Release: 2019-04-05
Genre: Social Science
ISBN: 1351189972

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European integration has transformed the social life of European citizens. Daily life and work no longer take place primarily in a local and national context, but increasingly in a European and transnational frame – a process of ‘horizontal Europeanisation’ which, while increasing the life chances of European citizens, also brings about conflicts among them. This book focuses on processes of Europeanisation in the academic, bureaucratic, professional and associational field, as well as on the Europeanisation of solidarity, networks and social inequalities. Drawing on detailed empirical studies and attending to the reinforcement of centre‐periphery structures in Europe, it analyses the dynamics of horizontal Europeanisation processes, highlighting the crucial role of national practices and perceptions in a transnational context, as well as the related conflicts between the winners and losers in this process. As such, it will appeal to scholars of sociology and political science with interests in European integration, social change and social stratification. Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Fundamental Labour Rights and the Constitution

Fundamental Labour Rights and the Constitution
Author: Giulia Frosecchi
Publisher: Taylor & Francis
Total Pages: 150
Release: 2023-07-05
Genre: Law
ISBN: 1000902579

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The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

Mediterranean Capitalism Revisited

Mediterranean Capitalism Revisited
Author: Luigi Burroni
Publisher: Cornell University Press
Total Pages: 291
Release: 2022-01-15
Genre: Political Science
ISBN: 1501761099

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Mediterranean Capitalism Revisited brings together leading experts on the political economies of southern Europe—specifically Greece, Italy, Spain, and Portugal—to closely analyze and explain the primary socioeconomic and institutional features that define "Mediterranean capitalism" within the wider European context. These economies share a number of features, most notably their difficulties to provide viable answers to the challenge of globalization. By examining and comparing such components as welfare, education and innovation policies, cultural dimensions, and labor market regulation, Mediterranean Capitalism Revisited attends to both commonalities and divergences between the four countries, identifying the main reasons behind the poor performance of their economies and slow recovery from the Great Recession of 2007–2008. This volume also sheds light on the process of diversification among the four countries and addresses whether it did and still does make sense to speak of a uniquely Mediterranean model of capitalism. Contributors: Alexandre Afonso, Leiden University; Lucio Baccaro, Max Planck Institute for the Study of Societies; Rui Branco, NOVA University of Lisbon; Fabio Bulfone, Max Planck Institute for the Study of Societies; Giliberto Capano, University of Bologna; Sabrina Colombo, University of Milan; Lisa Dorigatti, University of Milan; Ana M. Guillén, University of Oviedo; Matteo Jessoula, University of Milan; Andrea Lippi, University of Florence; Manos Matsaganis, Polytechnic University of Milan; Oscar Molina, Autonomous University of Barcelona; Manuela Moschella, Scuola Normale Superiore; Sofia A. Pérez, Boston University; Gemma Scalise, University of Bergamo; Arianna Tassinari, Max Planck Institute for the Study of Societies.

OECD Employment Outlook 2018

OECD Employment Outlook 2018
Author: OECD
Publisher: OECD Publishing
Total Pages: 298
Release: 2018-07-04
Genre:
ISBN: 9264301798

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The 2018 edition of the OECD Employment Outlook reviews labour market trends and prospects in OECD countries.