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New Governance Institutions in the Work Arena

New Governance Institutions in the Work Arena
DER2013-45750-P

One of the most important challenges labor law faces is the complexity labor relations developed in recent decades. In this sense, the figure of the worker has become a polysemic figure, integrating employees-. On the other hand, the entrepreneur has also become a complex subject, in which multinational companies are added to national ones, creating a specific dynamics in their labor relations. The growth of the national and multinational levels of stakeholders, employers and employees, demands a rethinking of the sources of labor relations within a regulatory system that responds to the most critical challenges labor law presents today, that are creating decent jobs - using the United Nations terminology.

The classic sources of labor relations were represented by the law and the collective agreement with a strong component of hard law. In a diachronic perspective of labor law, the component of hard law was present in the national level. From the EU perspective, it emerged in the early '70s norms such as Directives and Regulations applied both by the EU Court of Justice and by the national courts of member states. The adoption of the Charter of Fundamental Rights of the European Union and its integration as part of the Treaty marked an important landmark in the evolution of the EU regulation on labor rights. Alongside this, the development of the industrial relations systems has been oriented towards soft forms, such as the Open Method Coordination, the EU Employment Strategy (2020) and the Decent Work Agenda, marking an evolution of the regulatory tools that combines different regulation dynamics. Throughout this evolution of the regulatory system of labor relations from a multilevel perspective, the most important aspect to be note in this Project is the inclusion of new forms of collective bargaining -of hard law, soft law and of hybrid profile- trying to respond to the current frames of reference of employment relations.

In this framework, the combined analysis of collective bargaining models of national, EU and international level, from an interconnected perspective, would allow the observance of the evolution of this regulatory instrument, the examination of how the different levels connect and the determination of the content leading to equality and non discrimination, with an emphasis on gender and on how mechanisms for generating employment are implemented.

In the analysis of collective bargaining based on its multilevel structure, the first aspect to be studied are the actors, in a supranational level and a national level, from the Global Unions, International Trade Union Confederation, European Trade Union Confederation and, on the other hand, national companies and multinational corporations. Secondly, the study will focus on the forms of collective agreements and their content, with emphasis on issues of equality and non-discrimination, job creation and, ultimately, their effectiveness, if they can be regarded as hard law instruments, soft law or hybrid techniques of regulation. On this last point, the integration of the different forms provided by the Codes of Conduct will be part of this research. Finally, how the various negotiation units are coordinated. The need for coordination of all the range of regulatory mechanisms of labor relations is a key part of the governance of labor relations in a scenario like the present one. The delivery of information and the suggestion of policies are the objectives of this Project.

E-Book links:

Video Prof. Brian Langille - University of Toronto

Video Prof. Tonia Novitz - University of Bristol

Video Prof. Stein Evju - University of Oslo

Video Prof. Julia López - UPF

Video Prof. Chelo Chacartegui - UPF

Video Invest. Pre-doctoral Montserrat Solé - UPF

Principal researchers

Julia López López
Consuelo Chacartegui Jávega

Researchers

Sergio Canalda Criado
Eusebi Colàs-Neila
Alexandre de le Court
Josep Fargas Fernández

MINISTERIO DE ECONOMÍA Y COMPETITIVIDAD (MINECO) 2014-2015

27.225 €