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It may seem dangerous to express oneself on the future of labour
law, since it is widely considered to be in crisis by scholars of
the field. There is no doubt that anyone attempting to predict the
probable developments by presenting hypotheses regarding these
developments runs the risk of making errors. Especially the
impossibility to guarantee the relevancy of the chosen parameters
and a correct evaluation of the nature of their relations could
lead to erroneous predictions. The same applies when one has the
ambition to pronounce oneself on the future of institutions,
structures or procedures laid down in and protected by law. The
objective of this book is threefold. First of all, it draws
attention to a number of phenomena and processes both within and
outside the law that affect the protective mechanisms and essential
functions of labour law. Secondly, the authors want to point out
their main causes and principal consequences. Finally, the book
reflects the remedies proposed by the authors to preserve the
essential task of labour law. Those objectives are achieved by
developing the following four themes: the existential relation
between labour law, the labour market and social competition; the
historical tie between labour law and human dignity; the
relationship between labour law, market law and (social)
competition law; and finally the risk of a renewed contestation of
the dignity of working people. The aim of this book is to provide
intellectually challenging ideas for those interested in
understanding, explaining and interpreting labour laws - whether
they are scholars, practitioners, judges, policy-makers, or workers
and employers. With contributions of Jan Buelens, Wolfgang Daubler,
Rene de Quenaudon, Filip Dorssemont, Teun Jaspers, Barbara Kresal,
Fleur Laronze, Amanda Latinne, Esteban Martinez, Giovanni
Orlandini, Kelly Reyniers, Marc Rigaux, Willemijn Roozendaal and
Jens M. Schubert.'
This book gives an overall picture of the principles of Belgian
labour law, i.e. employment law as well as industrial relations
law. It is intended for all those who want to become acquainted
with Belgian labour law including foreign law firms, entrepreneurs
who want to invest in Belgium, etc. For this reason the book
focuses on topics that are of practical relevance.The authors not
only describe and analyse the legal aspects of labour relations,
but also indicate developing trends in Belgium. The book provides
an up-to-date survey of the legislation that is both sufficiently
detailed and usefully brief to answer most questions likely to
arise in a legal setting.The authors describe all important details
of the law governing working hours and wages, benefits, trade union
activity, employers associations, collective bargaining, industrial
disputes, and much more.Building on a clear overview of labour law
and industrial relations, the book offers practical guidance on
which sound decisions in the labour law context may be based.
The economic unification of Europe has created a lot of victims.
The realization of the single market has taken place without any
adjusting or accompanying economic and social policies. Its effects
on social and human relations go far beyond the economic and
commercial areas its authors had in mind. It has in fact led to
changes in European society that are so far-reaching that they
could very well be characterized as mutations. This book looks at
the phenomenon of social dumping in the wider context of
liberalized social competition as steered by the European Union. It
contains a number of testimonies by people who actively fight
social dumping, with special attention paid to the harrowing
dumping practices in the road transport sector. Some of the authors
also examine the phenomenon of social dumping in relation to
compliance with the fundamental right of all workers to respect for
their dignity as human beings. In this respect, the underlying
question is whether, by tolerating legislation that allows human
dignity to be violated by social dumping, the European and national
legislators in fact infringe on this key fundamental right.This
book is intended for practitioners, academics, researchers and
policy-makers working in the area of social policy.
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