Problems of Modernisation and Development of Labour Law
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Abstract
The article analyses the problems of modernisation and development of labour law in the context of the ongoing globalisation processes. On the basis of the analysis of the changes in labour law, the aim is to encourage a scientific discussion in regard to enlarging the sphere of labour law, combining flexibility with security without prejudice to the principles of justice and social security and guaranteeing the freedom of business.
The attention is drawn to the great variety of relationships existing in the sphere of labour law which leads to a conclusion that specific solutions may not be proposed without a thorough analysis of the challenges at stake (ex., lifelong learning, migration, recognition of qualifications, etc.). Peculiarity of labour law relationship requires searching for a certain compromise among the need for justice, social security and business freedom in order to ensure social security of employees as well as their dignity.
In the process of modernisation of labour law, it is the idea of a legal act (code, law or governmental decree) that is of crucial importance. The idea precedes the general framework of a legal act and there might be a non-negligible gap in between them. Modernisation is unable to achieve its goals where the adoption of a law takes place without consideration of the social interests, where the principles of democratic governance are infringed, where the adoption of a law artificially precedes the appearance of the real-life social conditions.
While globalisation processes are taking place, the circumstances in the EU Member States are changing in close relation to the economic conditions of each single state, therefore every Member State should be able to identify independently, with participation of social partners, its own need for modernisation of labour law and, if needed, to elaborate its project taking into account national circumstances and needs. However, at the EU level the process of discussion and sharing of experience of other countries should be encouraged.
The attention is drawn to the great variety of relationships existing in the sphere of labour law which leads to a conclusion that specific solutions may not be proposed without a thorough analysis of the challenges at stake (ex., lifelong learning, migration, recognition of qualifications, etc.). Peculiarity of labour law relationship requires searching for a certain compromise among the need for justice, social security and business freedom in order to ensure social security of employees as well as their dignity.
In the process of modernisation of labour law, it is the idea of a legal act (code, law or governmental decree) that is of crucial importance. The idea precedes the general framework of a legal act and there might be a non-negligible gap in between them. Modernisation is unable to achieve its goals where the adoption of a law takes place without consideration of the social interests, where the principles of democratic governance are infringed, where the adoption of a law artificially precedes the appearance of the real-life social conditions.
While globalisation processes are taking place, the circumstances in the EU Member States are changing in close relation to the economic conditions of each single state, therefore every Member State should be able to identify independently, with participation of social partners, its own need for modernisation of labour law and, if needed, to elaborate its project taking into account national circumstances and needs. However, at the EU level the process of discussion and sharing of experience of other countries should be encouraged.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
