Aims
Learning goals:
After completing this course the student is able to:
- identify and enumerate the challenges globalization presents to labour regulation systems
- identify and enumerate the challenges that non-standard work and platform work in the “gig-economy” presents to labour protection
- understand and elucidate the function of international labour law in governing globalisation
- understand and explain the functioning of the International Labour Organisation and its role in developing and supervising the application of international labour law and standards
- understand and give detailed account of the role the European Convention of Human Rights and the European Court of Human Rights play on individual and collective work relations in the countries members of the Council of Europe, also by referring to specific
- appreciate and critically analyze the ever increasing impact that international labour standards and Council of Europe instruments play in national and regional labour policies as well as in private mechanisms of governance of labour, including international framework agreements and companies’ codes of conduct
Learning outcomes:
This course contributes to the following learning outcomes:
PLO 1:
In addition to basic knowledge of the law, the student also possesses comprehensive, integrated knowledge of the national, European and international law of certain related general legal domains (defined in our institution as private law, public law, criminal law, social law, economic law, tax law, international and European law) and has a clear understanding of the interaction of these three legal orders, in which knowledge of positive law is accompanied by an understanding of the foundations and principles of the law.
The student:
1.1 is able to accurately describe the current stance related to a legal issue, briefly as well as in detail
1.2 is able to identify the legal aspects of a social problem
1.3 is able to analyse and assess a legal problem and formulate a substantiated position or solution on the matter
1.4 is able to analyse and assess a social problem and formulate a substantiated position or solution on the matter
1.5 is able to integrate the acquired knowledge and insights in the respective (national, European, international) legal orders based on the multi-layered nature of law.
PLO 3:
The student is able to position legal arguments and reasoning in a social, historical, and/or value-oriented context, stemming from a critical and reflexive fundamental attitude related to law, humanity and society.
The student:
3.1 is able to identify and put into practice the interaction between the law, man and society and the related norms and values in a legal context
3.2 is able to identify and put into practice the dynamics of the law using the historical development of that law in a legal context
3.3 is able to develop and critically remove him or herself from a framework of reference related to people and society
Previous knowledge
Introduction to Labour Law is recommended.
Is included in these courses of study
- Master in de rechten (Leuven) (Major sociaal recht) 120 ects.
- Master in de rechten (Leuven) (Minor sociaal recht) 120 ects.
- Master of European Social Security (Leuven) 60 ects.
- Master of Business Economics (Leuven) 60 ects.
- Master of Business Economics (Leuven) (Major 6: Personnel and Organization) 60 ects.
- Master of Law (double degree with Zurich) (Leuven et al) 120 ects.
- Master of Laws (LL.M) (Leuven) 60 ects.
- Master of Business Engineering (Leuven) 120 ects.
- Master of Business Engineering (Leuven) (Minor: Personnel and Organisation) 120 ects.
- Courses for Exchange Students Faculty of Law and Criminology (Leuven)
Activities
6 ects. Labour Policy and Law (B-KUL-C01M7a)
Content
Description of the subjects dealt with (e.g. by means of the table of contents):
- The impact of globalization (global trade, offshoring, export processing zones) and technological advances on labour conditions in developed and developing countries the national labour policies adopted in response to this impact.
- The implications of the rise and spread of non-standard work and platform work in the “gig-economy” on labour and social protection systems
- The notion of international labour law as a global system of governance of labour relations to mitigate a race to the bottom in working conditions around the world.
- The role of the ILO in creating international labour law and in promoting international labour standards and decent work and labour policies at the international, regional and national level.
- The structure and functioning of the ILO and the process of adoption of international labour standards.
- The fundamental principles and rights at work of the ILO:
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labour;
(c) the effective abolition of child labour; and
(d) the elimination of discrimination in respect of employment and occupation. - What are the positive and negative implications of globalization regarding fundamental principles and rights at work in developed and developing countries.
- The system of supervision of international labour standards within the ILO: its functioning, its “crisis” and the way forward.
- The protection of fundamental principles and rights at work in global supply chains and the labour policies adopted in industrialised countries to ensure compliance with fundamental rights in the lower tiers of the chain present in developed countries.
- The regulation of non-standard forms of employment and of platform work
- The role of international framework agreement and of corporate codes of conducts in shaping the governance of labour in global supply chains and global trade and the influence exerted on these instruments by soft regulation initiatives such as the ILO Multinational Declaration and the OECD Guidelines for Multinational Enterprises.
- The impact of Council of Europe’s instruments of protection of human rights on employment and labour policy. The European Convention on Human Rights and the employment relationship. The key judgments of the European Court of Human Rights on freedom of association in trade unions; prohibition of slavery and exploitative labour conditions; respect of private life and privacy at the workplace.
- The European Social Charter and its supervisory system.
- The growing incidence of ILO materials, including the opinions of the ILO supervisory bodies, and of the European Social Charter in the case law of the European Court of Human Rights
- The impact of International labour standards and of Council of Europe’s influence on national and regional labour policies in Europe, including on the EU law and policy.
Course material
Compulsory:
Legal instruments, cases and readings made available via Toledo.
Format: more information
Lectures are highly interactive. Students are expected to read the legal instruments, case law and readings beforehand and, after the general legal and doctrinal framework is explained by the teacher, they also are expected to engage in critical discussion over the materials made available to them.
In particular, in-depth analysis of case law, supervisory opinions and labour policy instruments will be guided and encouraged by the teacher. Active, informed and sound interaction in class will be positively rewarded in the final mark.
This course includes critical reflection and discussion of law and policy questions as a central element. Students are therefore asked to actively engage in class discussion. This will also be rewarded in the final grade. The details will be communicated at the start of the course.
Evaluation
Evaluation: Labour Policy and Law (B-KUL-C21M7a)
Explanation
The exam is constituted by written open questions on international labour standards and their interaction with national and regional (including European) policies. For the paper and presentation, students will work in pairs with a partner from a different country, to compare the approaches of the two different legal systems to a legal question.
Punctuality and conciseness of answers and the ability of pertinently referring to international sources of law, case law and doctrine discussed in class will form an essential subject of the evaluation. Active participation in class will be positively rewarded in the final mark.