The Global Scholarship Collection provides access to materials written by scholars from around the world that are relevant to the world of work. While these works are not created by members of the ILR School community, they are keenly relevant to that community's scholarly interest.
Criteria for inclusion in the Global Scholarship Collection are as follows:
The article must be relevant to the ILR School's scholarly community.
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The article in question must have completed peer review.
The author must provide us with a version that can be posted without violating copyright laws or publisher policies, and must provide written confirmation of this.
If you are interested in having your work included in this collection, and it meets all of the above criteria, please contact us at email@example.com.
On the basis that the European Commission has the legal condition of employer of the staff (civil servants and employees) serving it, this work analyzes the collective agreements (called "framework agreements") negotiated between the European Commission and the trade unions (eventually, tiny trade unions) it considers representative of such staff. Surprisingly, they are agreements separately celebrated with the representative trade unions of serving and retired staff. Regarding those affecting to serving staff, the European case-law sustains that they are agreements having contractual efficacy, but not true normative efficacy.
The Transatlantic Trade and Investment Partnership represents an opportunity to assert U.S. and EU leadership in defining uniform and unambiguous international labor standards in trade and investment agreements by adopting ILO Conventions. Under the current U.S. trade model, labor chapters are limited to the principles referenced in the ILO’s 1998 Declaration of Fundamental Principles and Rights at Work. Limiting labor chapters to the Declaration permits the U.S. to preserve its statutory and regulatory inconsistencies with ILO Conventions, which express actual rights. Since many European countries are consistent with these rights, limiting the TTIP to the Declaration could give the U.S. unfair advantage with respect to labor markets, providing of course, that European countries do not lower their labor standards to those of the U.S.
The studies on the enforcement of international labour contracts and agreements are today quite rare, due to the fact that there are not many subject to study. Enforcement represents, however, the main problem, since such instruments are made to be observed. Moreover, when we speak about labour contracts other than collective agreements, like that of Bangladesh Accord on Fire and Building Safety, the subject assumes yet more importance, since we are speaking of a country at the head of miserable work after a clear option of its Parliament.
In the EU, transborder collective action exists in theory but not in practice. Which would be the conditions to cooperate and even fight together? One should know each other, especially the underlying economic interest, the institutions, the traditions and the mentality of the other labour movement. The article tries to give concrete information about labour relations in Germany. Viewed from other European countries, it seems to be a very specific case today. This myth will be modified, if not destroyed.
This article examines the principle of the rule of law (TEU, article 2) and its application to social and economic rights. The paper considers what is meant by the rule of law, and contends that it as a minimum it must mean that EU institutions and member states must act in accordance with the law, including international legal obligations. The paper considers the extent to which EU member states comply with the right to organize, the right to bargain collectively and the right to strike in accordance with ILO Conventions 87 and 98 and the European Social Charters Articles 5 and 6. It is shown from an examination of the reports of the supervisory bodies that the overwhelming majority of Member States are in breach of one or more of their obligations under these various provisions, and that many are pushed into non-compliance by the actions and demands of the EU institutions. Despite attempts by the Commission to give substance to the rule of law, we have moved in the social sphere to a position in which the rules of law has been eclipsed, with profound implications for democracy and the future of the Union.
In these times national unions seem to be out of breath under the wave of globalization, on which multinational firms surf quite well. But this is a false perception nowadays, when global unions begin to appear everywhere discussing, orienting and bargaining with their counterparts. The essay reflects about several types of unions’ intervention in the global scenario: international coordination of a global counterpart; transnational solidarity; incorporation to a judicial solution; transnational collective bargaining; and transnational mediation and arbitration. All five types of activities become presented under a significant case, not always finished with a unions victory.
Many European corporations adopt American management-style attitudes toward trade unions, notwithstanding their publicly-declared support for global norms on workers’ freedom of association. They exploit US labor laws that violate international standards and interfere with trade union formation. Case studies examine several examples of this anti-union hypocrisy on the part of European firms. At the same time, some European companies have chosen to respect workers’ organizing rights in the United States. The conclusion contains recommendations for securing multinational companies’ respect for workers’ freedom of association in the United States, including application of ILO core standards, UN Guiding Principles, OECD Guidelines, and Global Framework Agreements.
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