Table Of ContentComparative
Labour Law
and Industrial
Relations
Comparative
Labour Law
and Industrial
Relations
Editor: R. Blanpain
Associate editor: F. Millard
B. Aaron
H. Barbagelata
R. Birk
G. Cella
0. Clarke
E. Cordova
F. Gamillscheg
A. Goldman
T. Hanami
B. Hepple
J. Oechslin
A. Pankert
T. Ramm
J. Rojot
G. Schnorr
T. Treu
N. Valticos
J. Windmuller
Springer-Science+Business Media, B.V.
Cover design: Pieter J. van der Sman
Library of Congress Cataloging in Publication Data
Main entry under title:
Comparative labour law and industrial relations.
Includes index.
I. Labor laws and legislation - Adresses, essays, lectures.
2. Industrial relations-Adresses, essays, lectures. I. Blanpain, R. (Roger), 1932-
K1705.6.C65 344'.01 82-8931
ISBN 978-94-017-4363-1 ISBN 978-94-017-4361-7 (eBook) 342.41 AACR2
DOI 10.1007/978-94-017-4361-7
D 1982 2664 44
ISBN 978-94-017-4363-1
Copyright © 1982 Springer Science+Business Media Dordrecht 1982
Originally published by K1uwer, Denventer, Netherlands in 1982
Softcover reprint of the hardcover 1st edition 1982
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system.
or transmitted in any form or by any means, mechanical, photocopying. recording, or
otherwise, without the prior written permission of the copyright owner
Table of Contents
Notes on contributors 7
Editor's Preface 9
List of abbreviations 11
INTRODUCTION
Chapter 1. Comparativism in Labour Law and
Industrial Relations R. Blanpain 17
Chapter 2. Sources and Documentation F. Gamillscheg 35
INTERNATIONAL DEVELOPMENTS 47
Chapter 3. International Labour Law N. Valticos 49
Chapter 4. European Communities G. Schnorr 65
Chapter 5. Guidelines for Multinational Enter
prises and Labour Relations R. Blanpain 81
Chapter 6. International Trade Union Movement J. Windmuller 98
Chapter 7. Industrial Relations in a Changing
Economic Environment 0. Clarke 117
COMPARATIVE STUDIES 131
Chapter 8. Background Notes on Major Indus-
trial Countries J. Rojot 133
Chapter 9. Freedom of Association A. Pankert 146
Chapter 10. National Trade Union Movements G. Cella and
T. Treu 166
Chapter 11. Employers' Organisations J. Oechslin 190
Chapter 12. Information and Consultation R. Blanpain 208
Chapter 13. Collective Bargaining E. Cordova 220
Chapter 14 Workers' Participation in the Work-
shop and the Enterprise T. Han ami 243
Chapter 15. Settlement of Disputes over Rights B. ·Aaron 260
Chapter 16. Settlement of Disputes over
Interests A. Goldman 280
Chapter 17. Industrial Conflict: The Law of
Strikes and Lockouts R. Birk 298
Chapter 18. Different Categories of Workers H. Barbagelata 320
Chapter 19. Equality and Prohibition of
Discrimination in Employment R. Blanpain 333
Chapter 20. Security of Employment B. Hepple 355
Chapter 21. Model of a European Individual
Employment Contract T. Ramm 378
Authors Index 401
Geographical Index 402
Subject Index 406
5
Notes on Contributors
Benjamin Aaron is Professor of Law and Director of the Institute of
Industrial Relations, University of California, Los Angeles
Hector-Hugo Barbagelata was Professor of Labour Law in the Faculty
of Law at Montevideo (1950-1973)
Rolf Birk is Professor in the Faculty of Law of the University of
Augsburg
Roger Blanpain is Professor of Labour Law at the Catholic University
of Leuven and Visiting Professor at the European Institute of Business
Administration, Fontainebleau (INSEAD)
Gian Primo Cella is Professor of the Theory of Trade Unions and
Social Conflict at the University of Trieste
R. Oliver Clarke is a Principal Administrator in the Social Affairs and
Industrial Relations Division of the Organisation for Economic Co
operation and Development (OECD)
Efren Cordova, formerly Professor of Labour Law at the Universities
of Havana and Puerto Rico, has been Chief of the Labour Law and
Labour Relations Branch of the International Labour Organisation
since 1975
Franz Gamillscheg is Professor of Labour Law and International
Private Law at the University of Gottingen
Alvin Goldman is Professor of Law at the University of Kentucky
Bob Hepple is Professor of Law in the University of London, at
University College, and a Chairman of Industrial Tribunals (England
and Wales).
Tadashi Hanami is Professor of Labour Law at Sophia University,
Tokyo, where he is also Dean of the Law School
Frances Millard is Lecturer in Politics, Portsmouth Polytechnic, England
Jean-Jacques Oechslin is Chairman of the Executive Committee of the
International Organisation of Employers
Alfred Pankert is Head of the Labour-Management Relations Section of
the International Labour Organisation
Thilo Ramm is Professor of Civil Law and Labour Law at the Fern
University at Hagen
7
Jacques Rojot is Associate Professor in Labour Law at the European
Institute of Business Administration, Fontainebleau (INSEAD)
Gerhard Schnorr has been Professor ordinarius at the University of
Innsbruck since 1967. He is also Director of the Institute for Labour
Law and Social Security at that university
Titiano Treu is Professor ordinarius in Labour Law at the University
of Pavia, as well as holding an appointment in the Department of
Economics at the Catholic University of Milan
Nicolas Valticos was formerly Assistant Director-General at the Inter
national Labour Organisation. He is Associate Professor at the Faculty
of Law of the University of Geneva
John Windmuller has been on the faculty of the New York State School
of Industrial and Labour Relations at Cornell University since 1951,
specialising in international and comparative labour relations
8
Editor's Preface
Comparativism is no longer a purely academic exercise but has in
creasingly become an urgent necessity for industrial relations and
legal practitioners due to the growth of multinational enterprises and
the impact of international and regional organisations aspiring to
harmonise rules. The growing need for comprehensive, up-to-date and
readily available information on labour law and industrial relations in
different countries led to the publication of the International Encyclo
paedia for Labour Law and Industrial Relations, in which more than
40 international and national monographs have thus far been published.
This book on Comparative Labour Law and Industrial Relations goes a
step further than the Encyclopaedia: some 15 of the 21 chapters pro
vide comparative and integrated thematic treatment. They aim to
describe the salient characteristics and trends in labour law and in
dustrial relations in the contemporary world. Our work is, however,
more than a set of papers written by individual authors. Twelve of
the nineteen contributors, the associate editor, and the publisher
were able to meet to discuss the chapters, carefully evaluating,
reviewing and co-ordinating our collaborative efforts. The meeting was
exceptionally informative and productive. It was sponsored by and
took place at Insead (Fontainebleau) with the additional support of
the Catholic University of Leuven and Kluwer Publishers. I thank them
for their courtesy and assistance.
The book is obviously not exhaustive so far as countries and topics
are concerned. The chofce was dependent upon the availability of
competent scholars able to contribute at short notice, as well as the
manner in which they wished to approach a given subject. The authors
are well aware that more attention could have been given to developing
countries, to the public sector, and to such topics· as remuneration,
working hours and other conditions of employment; and that there
could be a different balance between labour law and industrial relations.
But obviously the limits imposed by space and the need for early
publication made it impossible to achieve all the objectives of a com
prehensive and balanced book in this first edition.
We hope nonetheless that this book will facilitate the task of teachers
and students of comparative labour law and industrial relations and
serve as a textbook and a work of reference. Each chapter contains
a short select bibliography of works available in English. The book
also aims however to give practitioners in both public and private
sectors at national and international level the necessary insights to
cope with a world which is increasingly international.
The English language does not have a personal pronoun which is
sexually neutral and we find the form s /he somewhat inelegant.
Accordingly, where the authors have used the form he, this should
be taken to refer also to the opposite gender, unless the context in
dicates otherwise.
9
Finally, my warm personal thanks go to the staff of the Institute for
Labour Relations in Leuven: Dr. 0. Vanachter, J. Dumortier, A. De
Koster, and M. Vranken, and Mrs. Theuwissen, J. Van Rijmenant and
G. Van Staeyen.
R.B.
Leuven, March 1982
10
List of Abbreviations
AAFLI Asian-American Free Labor Institute (AFL-CIO)
AALC African-American Labor Center (AFL-CIO)
ACAA Australian Conciliation and Arbitration Act
ACAC Australian Conciliation and Arbitration Commission
ACAS Advisory, Conciliation and Arbitration Service (UK)
ACSPA Australian Council of Salaried and Professional
Associations
ACTU Australian Council of Trade Unions
AFL American Federation of Labor
AFL-CIO American Federation of Labor-Congress of Industrial
Organizations
AFRO African Regional Organisation (ICFTU)
AIFLD American Institute for Free Labor Development (AFL-CIO)
ARO Asian Regional Organisation (ICFTU)
ASAP Association of Petrochemical Plants (Italy)
A SEAN Association of South East Asian Nations
AUCCTU All Union Central Council of Trade Unions (USSR)
AUEW Amalgamated Union of Engineering Workers (UK)
BAT CO British American Tobacco Company
BATU Brotherhood of Asian Trade Unionists (WCL)
BDA Bundesvereinigung der Deutschen Arbeitgeber
verbiinde
BDI Bundesverband der Deutschen Industrie
BIAC Business and Industry Advisory Committee (OECD)
BIM British Institute of Mangement
CAC Central Arbitration Committee (UK)
ceo Confederacibn de Comisiones Obreras (Spain)
CEEP Centre Europeen des Entreprises Publiques
CFDT Confederation Francaise Democratique du Travail
CFTC Confederation Francaise des Travailleurs Chretiens
CGC Confederation Generale des Cadres (France)
CGD Christlicher Gewerkschaftsbund Deutschlands
CGIL Confederazione Generale Italiana del Lavoro
CGT Confederation Generale du Travail (France)
CIFE Counseil Industriel des Federations Europeennes
CIO Congress of Industrial Organizations (USA)
CISC Confederation Internationale des Syndicats Chretiens
CISL Confederazione Italiana Sindacati dei Lavoratori
CLAT Central Latino Americana de Trabajadores (WCL)
CNPF Conseil National du Patronat Fran~ais
CNV Christelijk Nationaal Vakverbond (The Netherlands)
COCCEE Comite des Organisations Commerciales de la Com
munaute Economique Europeenne
COGECA Comite General de Cooperatives Agricoles (EC)
Comintern Communist International
COPA Comite des Organisations Professionnelles Agricoles
(EC)
11
