Social Dialogue and collective bargaining are a fundamental right of workers, as well as a source of labour law, and can also be an instrument for labour market policies. This makes it a particular and essential element of labour law. The course first familiarises students with the two concepts social dialogue and collective bargaining, their specific roles, goals, institutional settings and the actors involved. This includes a critical analysis of the role of social dialogue and collective bargaining for labour law in general. Although social dialogue and collective bargaining are distinguishable concepts that can be defined by general terms, in practice there exist many varieties, at varies levels. Thus for instance, both concepts are considered to be key elements of the European Social Model, distinguishing Europe from most other parts of the world. However, between the European Member States there are major differences in the role, structure and importance of social dialogue and collective bargaining. Therefore, the course secondly explores and discusses the various forms of social dialogue and collective bargaining found within and outside the EU.
Once a broad understanding of social dialogue and collective bargaining is gained, the focus shifts to the various roles within labour law. First social dialogue and collective bargaining as fundamental social rights for workers is being discussed. Students will study, analyse, and compare the various sources of law regulating and/or promoting social dialogue and collective bargaining as fundamental rights. Secondly, social dialogue and collective bargaining as a source of labour law will be studied. Students will analyse and compare various systems of recognising the instruments that are the outcome of social dialogue and collective bargaining as source of labour law, in particular concerning the legal nature and how these instruments relate to statutory labour laws and individual employment contracts. Lastly, the function of social dialogue and collective bargaining as instrument of labour market policies is studied.
The timetable of this course will be available for students in Blackboard
More information on this course is offered in Blackboard
Group assignments and presentations (30%)
Final paper: 70%
Ms Patricia Garcia Fernandez
Telephone number: 0031- 71 527 4228
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