Labor Law and Social Policy in the EU: A Comprehensive Guide
Labor Law and Social Policy
Definition of Labor Law and its Relation to Social Policy
Labor law governs the employer-employee relationship, including individual employment contracts and numerous statutory regulations. It protects employees from discrimination, ensures fair wages and working hours, and promotes health and safety in the workplace. Social policy encompasses areas like healthcare, human services, criminal justice, inequality, and labor.
Goals of Social Policy and its Relationship with Labor Law
Social policy aims to regulate health, education, social security, employment, and social services. Labor law is closely related because it ensures that employees have basic rights in their workplace, aligning with the goals of social policy.
The International Labour Organization (ILO)
Four Strategic Objectives of the ILO
- Promote and realize standards and fundamental principles and rights at work: http://www.ilo.org/global/about-the-ilo/decent-work-agenda/rights-at-work/lang–en/index.htm
- Create greater opportunities for women and men to secure decent employment and income: http://www.ilo.org/global/about-the-ilo/decent-work-agenda/employment-creation/lang–en/index.htm
- Enhance the coverage and effectiveness of social protection for all: http://www.ilo.org/global/about-the-ilo/decent-work-agenda/social-protection/lang–en/index.htm
- Strengthen tripartism and social dialogue: http://www.ilo.org/global/about-the-ilo/decent-work-agenda/social-dialogue/lang–en/index.htm
Principles of Subsidiarity and Proportionality in the EU
Subsidiarity: In areas not within its exclusive competence, the EU acts only if the objectives cannot be sufficiently achieved by member states.
Proportionality: Individual freedom of action should not be limited beyond what is necessary in the public interest.
Employer, State, and Trade Union Collaboration (Tripartite System)
The ILO’s tripartite structure, involving states, employers, and trade unions, allows for open debate and collaboration on labor standards.
Acquis Communautaire
Acquis communautaire refers to the body of EU laws, agreements, standards, and rules. Candidate countries must adopt the acquis, covering areas like education, training, and social standards, as part of the EU accession process.
Social Dialogue in Brussels
Social dialogue involves discussions, consultations, negotiations, and joint actions between employer and worker organizations. Two main forms exist: tripartite dialogue (involving the state) and bipartite dialogue (between employers and workers).
Non-Inflationary Economic Growth and Labor Issues
Economic growth is often prioritized, sometimes pushing labor issues to the background.
The ILO and Human Rights
The ILO is an international organization that promotes labor rights and improved working conditions globally. Its work intersects with human rights as it advocates for the rights and well-being of workers.
ILO Funding
The ILO is funded to improve and develop labor law standards in various countries and to promote the application of universal working standards. Its headquarters is in Geneva, Switzerland.
Labor Rights in the EU
Four Core Freedoms for Labor in the EU
- Freedom of Movement
- Freedom of Goods
- Freedom of Capital
- Freedom of Services
Trade Unions: The European Trade Union Confederation (ETUC)
The ETUC protects workers through:
- Influencing European decision-making
- Representing workers in European social dialogue
- Organizing large-scale European demonstrations
Health and Safety in the Workplace
OSHA: Occupational Safety and Health Administration
OSHA is a federal organization in both the US and EU that ensures safe and healthy working conditions.
Ergonomists
are interested with safety and efficieny of equipment, system and
transportation. They use scientific information to ensure the health, comfort
and protection of the people.
What are the pregnancy
rights in labor law?
The Pregnancy Discrimination Act (PDA) forbids
discrimination based on pregnancy when it comes to any aspect of employment,
including hiring, firing, pay, job assignments, promotions, layoff, training,
fringe benefits, such as leave and health insurance, and any other term or
condition of employment.
Age discrimination. Articles 6, 4,
2. Directive 2000/78 Article2: Concept of
discriminationArticle4:
Occupational requirementsArticle6: Justification of differences of treatment on grounds of
age
1.Primary
and secondary labour law sources in EU: how they differ from each other. Secondary
law: five specific different types of law/actions (three mandatory, two
advisory).
EU secondary legislation is made by the EU institutions. The five EU
legal instruments specifically provided for in the Treaties are: Regulations,
Directives, Decisions, Recommendations and Opinions. The binding legal
instruments The binding legal instruments that make up the secondary
legislation of the EU are Regulations, Directives and Decisions. As set out in
Article 288 of the Treaty on the Functioning of the European Union: A
Regulation shall have general application. It shall be binding in its entirety
and directly applicable in all Member States.
2.European
convention which protects workers to join unions and engage in collective
bargaining (some human rights convention?)
ARTICLE 11 Freedom of assembly and association 1. Everyone has the
right to freedom of peaceful assembly and to freedom of association with
others, including the right to form and to join trade unions for the protection
of his interests. 12 13 2. No restrictions shall be placed on the exercise of
these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for
the prevention of disorder or crime, for the protection of health or morals or
for the protection of the rights and freedoms of others. This Article shall not
prevent the imposition of lawful restrictions on the exercise of these rights
by members of the armed forces, of the police or of the administration of the
State.