European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states,[1] a contrast is typically drawn with conditions in the United States.[2][3][4]
The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining.[5] Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultation, and participation at work, and (4) rights to job security. In virtually all cases, the EU follows the principle that member states can always create rights more beneficial to workers.
The fundamental principle of labour law is that employees' unequal bargaining power justifies substitution of rules in property and contract with positive social rights so that people may earn a living to fully participate in a democratic society.[6] The EU's competences generally follow principles codified in the Community Charter of the Fundamental Social Rights of Workers 1989,[7] introduced in the "social chapter" of the Treaty of Maastricht.[8]
^Alber, Jens; Gilbert, Neil (2010). United in Diversity?: Comparing Social Models in Europe and America. Oxford: Oxford Scholarship Onlin. ISBN 9780195376630. Retrieved 11 September 2020.
^McDowell, Manfred (1995). "NAFTA and the EC Social Dimension". Labor Studies Journal. 20 (1). Retrieved 11 September 2020.
^Sapir, A. (2005): Globalisation and the Reform of European Social Models, Bruegel, Bruselas. Accessible por internet en [1]
^Boeri, T. (2002): Let Social Policy Models Compete and Europe Will Win, conference in the John F. Kennedy School of Government, Harvard University, 11–12 April 2002.
^TFEU art 153(1)
^See further O Kahn-Freund, 'Hugo Sinzheimer' in Labour Law and Politics in the Weimar Republic (1981) 103, 'The technique of bourgeois society and its law is to cover social facts and factors of social existence with abstractions: property, contract, legal person. All these abstractions contain within them socially opposed and contradictory phenomena: property used for production and property used for consumption, agreements between equal parties and agreements between unequal parties, capitalist and worker. Through abstraction it is possible to extend legal rules, which are appropriate to the social phenomenon for which they were originally developed, to other social phenomena, thereby concealing the exercise of social power behind a veil of law'. A Supiot, Beyond Employment: Changes in Work and the Future of Labour Law in Europe (2001). S Deakin and F Wilkinson, The Law of the Labour Market (2005) 90.
^See the Charter's text Archived 16 November 2013 at the Wayback Machine
^Initially the UK had opted-out, because of opposition by the Conservative Party, but was acceded to when the Labour Party won the 1997 general election in the Treaty of Amsterdam.
and 25 Related for: European labour law information
Labourlaws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade...
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel...
Japanese labourlaw is the system of labourlaw operating in Japan. The scope of Japanese labourlaw is defined by the Japanese Civil Code. Article 622...
Indian labourlaw refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a...
bodies, particularly in the law of the European Union, have a growing body of rules regarding labour rights. International labour standards refer to conventions...
The EuropeanLabour Authority (ELA) is an agency of the European Union tasked with coordinating and supporting the enforcement of EU law on labour mobility...
German labourlaw refers to the regulation of employment relationships and industrial partnerships in Germany. General Commission of German Trade Unions...
Child labourlaws are statutes placing restrictions and regulations on the work of minors. Child labour increased during the Industrial Revolution due...
Australian labourlaw sets the rights of working people, the role of trade unions, and democracy at work, and the duties of employers, across the Commonwealth...
article 11 of the European Convention on Human Rights. Law portal Organised labour portal A Manifesto for LabourLawEuropeanlabourlaw History of trade...
The history of labourlaw concerns the development of labourlaw as a way of regulating and improving the life of people at work. In the civilisations...
Turkish labourlaw provides a number of protections to employees, governed by the Labor Code, Trade Union Law, and the Constitution. The first of the...
unions, and adopted by the opposition Labour Party. United Kingdom labourlawEuropeanlabourlaw United States labor law Alan Bogg, Nicola Countouris, Ruth...
prohibited by legislation worldwide, although these laws do not consider all work by children as child labour; exceptions include work by child artists, family...
Principles and Rights at Work 1998 International labourlawEuropeanlabourlaw UK labourlaw US labor law Employment Relationship Recommendation, 2006 (rec...
unions in Germany, which play an important part of German labourlaw and Europeanlabourlaw. The Deutscher Gewerkschaftsbund, established 1949, is the...
before being adopted into law on 8 August. French labourlawEuropeanlabourlaw EU law UK labourlaw German labourlaw US labor law Sampaio, Leonardo (December...
ruled that Europeanlaw has priority over any contravening national law, including the constitution of a member state itself. For the European Court of...
Labour Day is an annual day of celebration of the achievements of workers. It has its origins in the labour union movement, specifically the eight-hour...
Information and Consultation of Employees Directive 2002/14/EC is a EuropeanLabourLaw that requires undertakings to inform and consult employees on significant...
the circumstances in which solidarity action can take place (see Europeanlabourlaw). The term "secondary action" is often used with the intention of...
The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of Europeanlabourlaw. It gives EU workers the right to: at least...
Wolf v Stadt Frankfurt am Main (2010) C-229/08 is a Europeanlabourlaw case, concerning age discrimination. People being recruited to the fire service...
and proposing law". European Commission - European Commission. Retrieved 2020-05-26. "Applying EU law". European Commission - European Commission. Retrieved...
Global Information