Game Changers in Labour Law - Shaping the Future of Work

HENDRICKX Franck , DE STEFANO Valerio

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Summary

Game Changers in Labour Law is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This book provides full and integrated insight into labour law and industrial relations. The scholars were brought together during an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy.

What’s in this book:

This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following:

  • the ‘gig’ economy;
  • core labour law values;
  • freedom of association;
  • non-standard employment;
  • the rise of the service sector;
  • employment and self-employment;
  • the European Pillar of Social Rights;
  • app-based work;
  • algorithms as controls in the workplace;
  • collective bargaining rights and the right to strike;
  • the role of temporary employment agencies; and
  • termination of the employment relationship.

This book, providing up-to-date information and analysis of most recent key developments in labour law and industrial relations, has chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States.

How this will help you:

Roger Blanpain constantly reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, it is very clear that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities. It also enables readers to obtain an insight into the main game-changing moments and patterns of labour law over the past decades and in the near future.

Table of contents

Notes on Contributors

Tributes to Marco Biagi and Roger Blanpain

Acknowledgements

Introduction
Frank Hendrickx & Valerio De Stefano

PART I
Shifting Labour Law

CHAPTER 1
The Changing Face of Capital: The Withering of the Employment Relationship in the Information Age
Janice R. Bellace

CHAPTER 2
Non-standard Employment Around the World: Regulatory Answers to Face Its Challenges
Janine Berg, Mariya Aleksynska, Valerio De Stefano & Martine Humblet

CHAPTER 3
European Labour Law and the Millennium Shift: From Post to (Social) Pillar
Frank Hendrickx

CHAPTER 4
Labour Law: The Medium and the Message
David Mangan

CHAPTER 5
Changing the Rules of the Game or Rearranging the Deckchairs on the Titanic: ‘Brexit’ and the Future of European Social Policy
Alan C. Neal

PART II
Industrial Relations and Labour Law


CHAPTER 6
Trade Unions and the ‘Gig Economy’
Michael Doherty

CHAPTER 7
Strikes in Essential Services under International Law
Monika Schlachter

CHAPTER 8
Collective Bargaining and the All-China Federation of Trade Unions: A Game Changer in Governing Chinese Workplaces?
Mimi Zou

PART III
Fairness and Rights


CHAPTER 9
What We Know about Equal Employment Opportunity Law after Fifty Years of Trying
Susan Bisom-Rapp

CHAPTER 10
Expansion of Temporary Agency Work Across Borders and the Difficulties for Workers Involved, in Particular in Light of Their Work-Life Balance
Mijke Houwerzijl

CHAPTER 11
Protection Against Dismissal in Contemporary Labour Law
Barbara Kresal

CHAPTER 12
Employee Data Protection in the Transnational Company
Achim Seifert

PART IV
Pathways of Labour Law

CHAPTER 13
Regulating Labour Relations and a Changing Society: The Pathways of a Baltic Country – Estonia
Merle Erikson

CHAPTER 14
Main Directions of Change in French Industrial Relations and Labor Law
Jacques Rojot

CHAPTER 15
Tradition and Innovation in Labour Law: The Ambiguous Case of ‘Agile Working’ in Italy
Michele Tiraboschi