l bilanciamento tra le libertà economiche e i diritti sociali collettivi operato dalla Corte di Giustizia è un contemperamento tra diritti equiordinati?* = The balance between economic freedoms and collective social rights and actions; Court of Justice is a choice between rights equiordinati? Actions by the Court of Justice. WP C.S.D.L.E. “Massimo D’Antona”.INT – 98/2012

In the Viking and Laval judgments and more recently in the Comm. v. Germany ruling, the Court of Justice applied the proportionality test to collective rights, setting a series of restrictions to the exercise of the right to strike and the right to collective bargaining. The way the ECJ balances the economic freedoms and the social rights is indeed very different from that of the Italian Constitutional Court. Unlike the European Union Treaties, the Italian Constitution recognizes an important role to the right to take collective action which has to be connected with article 3, paragraph 2, consequently the right of strike is more protected than the exercise of economic freedoms.

Why firms avoid cutting wages: Survey evidence from European firms. National Bank of Belgium Working Paper No. 251, December 2013

The rarity with which firms reduce nominal wages has been frequently observed, even in the face of considerable negative economic shocks. This paper uses a unique survey of fourteen European countries to ask firms directly about the incidence of wage cuts and to assess the relevance of a range of potential reasons for why they avoid cutting wages. Concerns about the retention of productive staff and a lowering of morale and effort were reported as key reasons for downward wage rigidity across all countries and firm types. Restrictions created by collective bargaining were found to be an important consideration for firms in euro area countries but were one of the lowest ranked obstacles in non-euro area countries. The paper examines how firm characteristics and collective bargaining institutions affect the relevance of each of the common explanations put forward for the infrequency of wage cuts.

A success story for the EU and seasonal workers’ rights without reinventing the wheel. EPC Policy Brief, 28 March 2014

Despite the economic crisis with resulting high unemployment, EU economies face vacancies across the skill spectrum. At the low end there is a structural need when it comes to seasonal work. The Seasonal Workers Directive was launched at the same time as the Inter-Corporate Transferees (ICTs) Directive in 2010 – as part of the Commission’s 2005 Policy Plan on Legal Migration – and initially appeared to be more troublesome, with the stigma of ‘migrants stealing local jobs’ haunting it. However, without the provisions for intra-EU mobility that have plagued the ICTs Directive, the Seasonal Workers Directive became less problematic despite the fact that seasonal workers are more numerous than intra-corporate transferees. This Policy Brief looks at how negotiating parties ensured a focus not only on the needs of the European labour market, but also saw an opportunity to bring added value to seasonal workers’ rights, through equal treatment to EU nationals. It assesses the final outcome of three and a half years of intra-EU negotiation, looking at the rights gained for seasonal migrants, the level of harmonization achieved, and the future of migration policy with the strategic guidelines for the area of freedom, security and justice in mind.

A House Divided: Employers & the Challenge to Pattern Bargaining in a United Germany. CES Germany & Europe Working Papers, No. 05.5, 1994

Recently, increasing numbers of new German firms have begun to break from tradition and refuse to join employers' associations. Simultaneously, an unprecedented portion of affiliates have begun to reconsider employers' association membership. The spectre of declining membership in German employers' associations-century-old pillars of organized capitalism-is particularly noteworthy because of the importance of these institutions to the German economy as a whole. Some observers have attributed this trend to the impact of German unification, yet a careful analysis reveals that its principal causes arose in the decade preceding it. The economic strain of unification, however, has accelerated "association flight'' and has provided dissidents with an unprecedented opportunity to challenge the hegemony of employers' associations over the regulation of wages and working conditions in the Federal Republic.

Why Are German Employers Associations Declining? A Challenge to the Conventional Wisdom. CES Germany & Europe Working Papers, No. 05.3, 2005

This paper challenges the conventional explanation for declining density of German employers associations. The dominant account asserts that German trade unions have taken advantage of increased globalization since the 1980s which has made internationally active enterprises more vulnerable to production disruptions to extract additional monopoly rents from multinational employers via aggressive collective bargaining. Small firms have responded to the increased union pressures by avoiding membership employers associations, which has produced the density declines. Data, however, disconfirm the conventional explanation; compensation increases have actually become increasingly smaller over the decades. This paper presents an alternative explanation that is consistent with the data. We argue that it is the large product manufacturers rather than the trade unions that have greatly increased price pressures on parts suppliers, which has led to a disproportionate number of suppliers to quit employers associations. The paper also discusses these findings in light of the "varieties of capitalism" literature. It points out that this literature has depicted national models as too homogeneous. The decision of several German employers associations to offer different classes of membership represents an accentuation of variety within national varieties of capitalism.

An Italian job: the need for collective wage bargaining reform. Bruegel Policy Brief ISSUE 2016/11 - JULY 2016

Highlights: Since the mid-1990s, Italy has been characterised by a lack of labour productivity growth, combinedwith a 60 percent growth in labour costs, 20 percentage points above euro-area average consumer price growth. As a consequence, Italy has become less competitive compared to its euro-area partners, the profitability of its firms has dropped and real GDP-per-capita has flatlined. • At the root of the substantial discrepancy between wages and productivity is Italy’s system of centralised wage bargaining which, in many ways, is designed without regard for the underlying industrial structure and geographical heterogeneity of the Italian economy.This has fostered perverse incentives and imbalances within Italy. • Collective wage bargaining, and in particular the determination of base salaries, should be moved from the national to the regional level for all contracts, in the public and private sectors.The Mezzogiorno,which might superficially be seen as losing out from this policy, would actually gain the most in competitiveness terms. • Furthermore, measures should be taken so that, in the long run, the Italian industrial structure evolves into a less fragmented small-company-based economy. This firm consolidation would likely expand the use of firm-level agreements and performance payments, and would improve Italy’s productivity and competitiveness overall.

Crisis of work as a social integration factor

This article analyzes the process of deterioration of the work as a source of social rights and as a social integration element. The context of this process is the passage of a wage-labour society with stable employment to other where the labour relations are deregulated. This aim was tackled by means of quantitative and qualitative techniques. Secondary sources of statistical information were used together with interviews to experts of the institutional sphere. The results of this research show the emergence of a new exclusive model of social cohesion based on intensification and generalization of social inequalities and job insecurity. In this new model of social cohesion, it is noted that the integration strategies of people have less and less support from Government and people are neglected. This process appears in the four spheres that classify the social exclusion risks factors: the structural, the institutional, the relational and the individual.

The Worsening of the employment and work conditions and its relationship to the self-perceived health in European working population. Relevance and effects of the latest socioeconomic crisis

The recent crisis of the capitalistic economic system has altered the working conditions and occupations in the European Union. The recession situation has accelerated trends and has brought transformations that have been observed before. Changes have not looked the same way in all the countries of the Union. The social occupation norms, labour relations models and the type of global welfare provision can help underline some of these inequalities. Poor working conditions can expose workers to situations of great risk. This is one of the basic assumptions of the theoretical models and analytical studies of the approach to the psychosocial work environment. Changes in working conditions of the population seems to be important to explain in the worst health states. To observe these features in the current period of economic recession it has made a comparative study of trend through the possibilities of the European Working Conditions Survey in the 2005 and 2010 editions. It has also set different multivariate logistic regression models to explore potential partnerships with the worst conditions of employment and work. It seems that the economic crisis has intensified changes in working conditions and highlighted the effects of those conditions on the poor health of the working population. This conclusion can’t be extended for all EU countries; some differences were observed in terms of global welfare models.

Trabalho temporário e qualidade dos serviços prestados: reflexão sobre a evolução recente na região de Setúbal

Os conceitos de qualidade e capital humano são amplamente conhecidos e a sua importância aceite por todos. A aplicação destes pressupostos à realidade do trabalho temporário, tomou-se um imperativo face ao contexto económico actual, repleto de rápidas mudanças organizacionais, caracterizado por colaboradores detentores de um novo leque de competências e flexibilidade profissional. Ao longo deste trabalho. procurou-se analisar a possível integração do trabalho temporário num novo modelo de relações laborais, na tentativa de distanciamento da corrente associação do trabalho temporário a uma "forma atípica de trabalho'', estabelecendo ainda uma breve evolução do trabalho temporário na Península de Setúbal. baseada na apreciação de trabalhos análogos. Em resultado da aplicação de questionário. definiu-se uma hierarquia de características individuais e organizacionais, como critério válido para um futuro processo de recrutamento e selecção, permitindo averiguar, ao nível do individuo, um aumento de competências profissionais e técnicas, acompanhado pelo incremento de formação e experiência profissional. Concluindo ao nível organizacional que qualidades como flexibilidade e dinamismo, aliado à experiência profissional, são factores críticos no processo de recrutamento e selecção, sendo imprescindíveis na procura contínua da qualidade, facilitando o alcance da excelência individual e organizacional. ABSTRACT: Quality and Human Capital are widely know concepts and their importance is accepted by all. Therefore, it has become imperative to make use of them in the contex t of temporary work given the current economic situation for they are present wherever organizational change happens rapidly and stakeholders possess a wide range of professional competencies and flexibility. The aim of this work is to study the possible integration of temporary work into a new model for labour relations, in an effort to distance temporay work from the notion of "atypical form of work" with which it is presently associated. Moreover, it presents a brief evolution of temporary work in the Peninsula of Setúbal, based on the analiysis of similar works. The findings obtained from our surveys ena bled us to define a hierarchy of individual and organizational characteristics which can serve as valid criteria in future recruitment and selection processes. With these processes it is al so possible to assess any increase of professional and technical competencies regarding the individual as well improvement as regards training and professional experience. At the organizational level, qualities such as nexibility and dynamism, together with professional experience, turned out to be critical factors in the recruitment and selection process. Not only are they indispensable in the constant pursuit of quality, but they also make it easy to achieve individual and organizational excellence.

Las reformas emprendidas en Túnez de la mano del FMI y el BM ¿Precedente para la revolución de los Jazmines?”(1987-2010)

El estallido de la “Revolución de los Jazmines” cuestionó el éxito de un país que por más de dos décadas fue exaltado por el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI) por los logros alcanzados gracias a un programa de restructuración económica. Las exigencias e inconformidades de los manifestantes, que iban más allá de la falta de garantías democráticas, permitieron ver que el país sufría de problemas estructurales relacionados a los altos niveles de desempleo, la precariedad de la situación laboral y la desigualdad. Esta monografía pretende evaluar el papel que tuvieron las reformas económicas y en general el modelo de desarrollo que siguió Túnez de la mano del FMI y el BM, en el surgimiento y consolidación de las condiciones que dieron lugar a la Revolución de los Jazmines a finales del año 2010.

Historical landmarks of decent work

Structured Abstract Purpose: this article systemizes the main historical milestones which led to the current concept of decent work and presents some implications for business. Approach: after presenting the scenario which gives a special meaning and importance to decent work, the historical landmarks are systematized until the definition of the Decent Work Agenda. Findings: Decent work is a concept that has evolved since the ILO Foundation in 1919 and had several important steps throughout its development: Philadelphia Declaration in 1944, ILO constitution update in 1946, Universal Declaration of Human Rights in 1948, Human Development Report, first edition in 1990, World Summit for Social Development in 1995, ILO Declaration on Fundamental Principles and Rights at Work in 1998, World Economic Forum in 1999, Global Compact in 2000, United Nations Millennium Declaration in 2000, ILO Declaration on Social Justice for a Fair Globalization in 2008, Global Jobs Compact in 2009, and inclusion in the 2030 Agenda for Sustainable Development. Throughout this development we can witness the refinement and operationalization of the concept, its institutionalization and its spread at political level, at least as an intention. Practical implications: the business area is a privileged forum to turn policies into practices and some examples are provided. Value: although decent work emerged in a very different social and economic scenario from the present time, it is claimed to be even more topical and relevant for the development of business and society today.

Use and abuse ; or, Right and wrong, the relations to labour of capital, machinery, and land /

Introduction.--Modern society.--Social economy.--Notes and illustrations.