Journal of Accounting and Management Information Systems (JAMIS)


Vol. 12, Nr. 3/2013 ,   p489..503


Keywords:   Labour law, Collective contracts, European collective bargaining, Social Dialogue


Labour Law is dealing with a period of tremendouschanges, which may even jeopardise its legitimacy. Solidarity between employeeshas lost its vigour since the organisational culture of the company shows atrend towards internal competition. Indeed, decreased union membership andincreased number of collective labour agreements seems to definitely mark a newera of labour relations. Today, solidarity, a basic principle of the collectivelabour law, seems to have diminished; employees perceive themselves ascompetitors, and industrial relations are being atomized. Besides,at the European level, far from speaking of a centralization of the Europeancollective bargaining, we are witnessing decentralization, down to the level ofthe national enterprises. In fact, what can be the sense of European solidarity,if the competition among workers, among workers of the old Member Statesand the new Member States, or among thosewith standard labour agreements and those with precarious work labouragreements - are higher than ever? There is indeed a centrifugal trend incollective negotiation, moving the weight centre towards the basic level of theunit within the pyramid of collective labour agreements. Under such newcircumstances, the paper aims to analyse the possible future of the collectivelabour law and its possible future structure under the new labour paradigm.