Employee Participation and Collective Bargaining in Europe and China

Employee Participation and Collective Bargaining in Europe and China

Edited by Jürgen Basedow, Chen Su, Ulla Liukkunen and Matteo Fornasier

[Arbeitnehmermitbestimmung und kollektive Tarifverhandlungen in Europa und China.]

2016. XV, 257 pages.

Beiträge zum ausländischen und internationalen Privatrecht (BtrIPR) 110

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978-3-16-154406-4

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Summary

This book contains the papers presented at an international conference on collective labour law held at the Max Planck Institute for Comparative and International Private Law in 2014. The authors look, from a comparative perspective, at current developments in the fields of collective bargaining and employee participation in several European countries and in China. They analyse the extent to which differences between the national legal systems still prevail and whether common features are about to emerge.

Collective labour law is, for the most part, national law. It is often the result of social struggle and political compromise occurring in the national context. Unlike other fields of private law, it has not been the object of legal harmonisation, at either international or European levels. However, as national frontiers progressively open up for goods and services, collective labour law has become increasingly exposed to international and supranational law.
This book contains the papers presented at an international conference held at the Max Planck Institute for Comparative and International Private Law in 2014. The authors look, from a comparative perspective, at current developments in the fields of collective bargaining and employee participation in several European countries and in China. They analyse the extent to which differences between the national legal systems still prevail and whether common features are about to emerge.

Table of contents:

Part I : Setting the Stage
A. Collective Bargaining and its Interaction with State Legislation and Individual Employment Contracts
Örjan Edström: Collective Labour Law in the Nordic Countries. The Relationship between Individual Employment Contracts and State Legislation - Matteo Fornasier: Collective Bargaining in Germany and its Interaction with State Legislation and Individual Employment Contracts - Louise Merrett: Collective Bargaining in the UK and its Interaction with State Legislation and Individual Employment Contracts - CHEN Su: The Collective Contract System in China

Part II : Specific Issues of Collective Labour Law
B. Collective Organizations, Collective Bargaining and Collective Labour Conflicts
Etienne Pataut: Collective Agreements in Europe. European Social Dialogue and Contractual Autonomy - LI Jianfei: Collective Contracts and Trade Unions in China - Ulla Liukkunen: The Right to Strike in the International and European Context. Viking, Laval and Beyond - Bernd Waas: Collective Labour Conflicts in Europe

C. Employee Participation
Robbert H. van het Kaar: Workplace Representation in the EU - XIE Zengyi: Employee Participation at Workplace Level in China - Achim Seifert: Employee Participation at Board Level in Europe - ZHANG Hui: Employee Involvement at Board Level in China. The Present, the Problem and the Development

Authors/Editors

Jürgen Basedow (1949-2023):was Director at the Max Planck Institute for Comparative and International Private Law, Hamburg, and Professor of Law at the University of Hamburg; Membre associé de l'Institut de droit international; Titular Member and Secretary General of the International Academy of Comparative Law; member of numerous advisory bodies at the German and EU level, inter alia, Chairman of the German Monopolies Commission; member of the Groupe européen de droit international privé; and member of the Deutscher Rat für Internationales Privatrecht.

Chen Su is Professor of Law and Deputy Director of the Institute of Law, Chinese Academy of Social Sciences (CASS), Peking.

Ulla Liukkunen is Professor of Labour Law and PrivateInternational Law at the University of Helsinki and Director of the Finnish Center of Chinese Law and Chinese Legal Culture.

Matteo Fornasier is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, and Instructor at the University of Hamburg.