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Collective Bargaining Developments in Times of Crisis

ISBN13: 9789041189998
Published: December 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £114.00

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Collective Bargaining Developments in Times of Crisis discusses the evolution of collective bargaining systems (structure and content) since 2008 with a comparative perspective. 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 decentralization 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 decentralization has more often than not led to a situation where salaries and labour conditions are evermore 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.

What’s in this book:

The comparative approach offered in this book adds to the above-mentioned synthesis by providing examples of specific 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 standard extension of the employer’s unilateral decision-making power;
  • extension of the employer’s unilateral decision-making power;
  • ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and
  • ‘standby 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, the research provided by this book finds promise in the reconstituted support for sector-level agreements increasingly present among small businesses, networked businesses, and work via digital platforms.

How this will help you:

This book aids readers to understand why sectoral collective bargaining is still an important aspect of labour regulations. Further, this book helps to gain insight into how the national legislations approach the crises that have affected collective bargaining and how the decentralization of collective bargaining occurs in the various countries. As the first book to take stock of the current state of collective bargaining in Europe, this book is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the field.

Employment Law
Notes on Contributors
Sylvaine Laulom
Part I
The Changing Structures of Collective Bargaining
Chapter 1 From Decentralisation of Collective Bargaining to De-collectivisation of Industrial Relations Systems?
Sylvaine Laulom
Chapter 2
Chasing the Holy Grail? Stumbling Collective Bargaining in Eastern Europe and the Hungarian Experiment
Tamás Gyulavári
Chapter 3
How Can Decentralisation of Collective Bargaining Be Achieved? A Typology of Legal Incentives
Pierre-Emmanuel Berthier & Olivier Leclerc
Chapter 4
The Impact of the Economic Crisis on Collective Agreements in Poland
Lukasz Pisarczyk
Chapter 5
Collective Bargaining in Romania: The Aftermath of an Earthquake
Felicia Rosioru
Chapter 6
The Importance of Sectoral Collective Bargaining in Austria
Elisabeth Brameshuber
Chapter 7
The Revival of Sectoral Collective Bargaining: The Portuguese Experience
Teresa Coelho Moreira
Chapter 8
The Spanish Example
Yolanda Maneiro Vázquez & José María Miranda Boto
Part II
The Contents of Collective Agreements: Old and New Issues
A Wages
Chapter 9
Decentralisation of Wage Setting Mechanisms and Statutory Minimum Wage: Towards the End of Sectoral Collective Bargaining?
Piera Loi
Chapter 10
Measures of Wage Moderation in Times of Crisis: The Example of Belgium
Fabienne Kefer
Chapter 11
Decentralized Collective Bargaining: A Solution to Economic Crisis? – The Case of Turkey
Cuban Dogan Yenisey & Berrin Ceylan Ataman
B Working Time
Chapter 12
Negotiating Working Time in Times of Crisis
Lukasz Pisarczyk
Chapter 13
Negotiating Working Time in Time of Crisis: The ‘El Khomri Law’
Christophe Vigneau
C New Issues
Chapter 14
Work-Life Balance in Collective Agreements
Barbara Kresal
Chapter 15
Older Employees, Extended Working Lives, and Collective Bargaining
Jenny Julén Votinius
Chapter 16
Collective Bargaining with Regard to Young Employees: Importance and Challenges
Judith Brockmann
Part III
Expanding Spaces and New Boundaries of Collective Agreements
Chapter 17
Collective Autonomy for On-Demand Workers? Normative Arguments, Current Practices and Legal Ways Forward
Auriane Lamine & Jeremias Prassl
Chapter 18
Are Agency Workers Protected by Trade Unions?: A Case Study from the Netherlands
Nicola Gundt
Chapter 19
Multi-Employer Situations and Collective Bargaining: The Hungarian Cases
Gábor Kártyás
Chapter 20
A Study in Red and Blue: A Comparison of Collective Bargaining in Carrefour in Some EU Countries
José María Miranda Boto, Teresa Coelho Moreira, Florence Debord, Sonia Fernández Sánchez, Yolanda Maneiro Vázquez & Lukasz Pisarczyk