Posting of Workers and Collective Labour Law: There and Back Again

This volume deals with the complicated relationship between posting of workers in the EU and collective labour law. It does so from a legal perspective but the author does not refrain from looking at the economic and social context in order to better understand the legal construction of said relationship.
Marco Rocca
Social Europe Series
book | published | 1st edition
May 2015 | xiv + 388 pp.

€59.50 €85.-

ISBN 9781780683072

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This book explores the complicated relationship between the EU legal framework for posting of workers and collective labour law. It examines this topic from the perspective of EU law and of international labour law. In doing so, it builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, taking also into account issues related to industrial relations. However, the immediate focus of the present book is on the creation and evolution of the said EU legal framework. Hence, it provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71) as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers.

This evolving legal framework is subsequently considered in its broader context. Two tensions are thus identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, as regards the relationship here at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labour Organisation. On the other hand, the book critically considers the impact of the trend towards decentralisation of collective bargaining on the application of collective agreements to posted workers. In particular, it analyses the so-called “New Economic Governance” of the EU, and its role in fostering such a trend. The author outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the “New Economic Governance” and the case law of the Court of Justice dealing with posting of workers.

Table of Contents

Table of Contents (p. 0)

Introduction (p. 1)

Chapter 1. The Loneliness of the Long Distance Runner: Defining the Posting Phenomenon from “Black Letter Law” to Empirical Data (p. 23)

Chapter 2. Industrial Relations and the Law – An Overview: Industrial Relations Theories and Their Encounters with the Legal Phenomenon (p. 53)

Chapter 3. Collective Labour Law: Defining the Scope of “Collective Labour Law” as well as its Main Elements (p. 79)

Chapter 4. The Age of Innocence: The Drafting Process of the Posting of Workers Directive (p. 113)

Chapter 5. Childhood’s End: Thirty Years of Posting Case Law before the Court of Justice (p. 143)

Chapter 6. A Clash of Kings: Fundamental Freedoms versus Fundamental Rights, again (p. 223)

Chapter 7. “Real PWD” and National Industrial Relations: Stuck with Negative Integration (p. 281)

Chapter 8. The Future in Context: De-centralisation during the Great Recession and Three Future Scenarios (p. 307)

Chapter 9. The Legacy (p. 347)

Bibliography (p. 369)

Open access content

Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.

Table of Contents (p. 0)
Bibliography (p. 369)

About the series:

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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