Learning Outcomes
Educational scopes and results
The interdisciplinary seminar has three educational scopes. Primarily, it aims at familiarizing the students with the phenomenon of internationalization of labor law and labor relations, as well as with the factors that generate it. Secondly, it aims at presenting the international and supranational norms that regulate individual and collective labor relations, while guiding them in interpreting and comparing these norms. Thirdly, the seminar wishes to draw the attention of the students to the issues of international private law generated by the internationalization of labor relations and to the ways EU and domestic laws address these issues.
Course Content (Syllabus)
Interdisciplinary Seminar
International, supranational and transnational dimensions of labour law
25 two-hour lessons
Coordinators: Aris Kazakos / Christina Deliyianni-Dimitrakou
Participants: 2 Departments: Civil Law, Civil Procedure law and Employment Law Department / International Studies Department
Number of lecturers: 10
Examination of students through oral examinations and written papers.
I Factors of internationalization of labour law (7 two-hour lessons)
1. Introduction: Labour law and globalization: ( 2 hours A. Kazakos & C. Deliyianni)
Α. International organization of intergovernmental cooperation
2. The role of the International Labour Organization: organizational structure, regulatory work, international assessment of state’s implementation of international labour standard’s, international labour conventions ratified by Greece and their place in the domestic legal system (C. Deliyianni 2 hours)
3. The role of the Council of Europe: social rights in the European Convention on Human Rights and the European Social Charter. Content, international assessment of the implementation of norms, internal efficacy of norms (P. Stangos 2 hours)
Β. Supranational organizations: the case of the EU
4. Milestones in EU social policy. Institutions and competences of the EU in the social area. Efficacy of EU legislation (C. Deliyianni – 4 hours)
C. Transnational businesses organisations and international trade union organizations
5. Organizational structure and strategies of transnational firms. Their impact on labour relations and the attempts of international, supranational and national legal systems to tackle them. (2 hours C. Deliyianni)
6. Trade union organizational structures and social dialogue on the international, European and transnational levels (2 hours C. Deliyianni)
ΙΙ Fundamental rights and values (6 two-hour lessons)
7. The EU Charter of Fundamental Rights and its relationship to other European charters of social rights and the ECHR (2 hours Stangos)
8. Principle of non-discrimination in EU law, in the ECHR and in the major legal systems (C. Deliyianni 4 hours)
9. The principle of free movement of labour as a specific manifestation of the free movement of persons (Ζ. Sachpekidou, D. Lentzis 4 hours)
10. The principle of gender equality ( Α.Μ. Konsta 2 hours)
ΙΙΙ Convergence of legislative systems (7 two-hour lessons)
Α Individual labour relations
11. Atypical forms of work and flexible working time: Directives 97/81 and 99/70, 91/383 and 2003/88/EC on part-time work, fixed-term employment contracts, protection of health and safety of temporary employees and organization of working time (4 hours Kazakos / Zerdelis / Sideris)
12. Business restructuring: Directives 98/59, 2001/23 and 80/97 on mass redundancies, business transfers and employer’s insolvency (4 hours Kazakos / Zerdelis / Sideris)
Β. Collective labour relations
13. Trade union freedoms in international and EU law (ILO, ECHR, European Social Charter, European Charter of Fundamental Rights) as well as in the Greek legal system (2 hours Kazakos or Deliyianni)
14. Conflict between trade union rights and fundamental economic freedoms of the EU (Albany, Viking/Laval/Anti-Viking etc.) (2 hours Α. Kazakos or Deliyianni)
15. Information, consultation and participation of workers representatives in the undertakings: Directive 14/2002/EC establishing a general framework for informing and consulting employees in the European Community / Directive 94/45/EC on the establishment of a European Works Council / Directive 2001/86/ΕC on the involvement of employees in European company (2 hours C. Deliyianni)
ΙV Conflicts of laws and conflicts of procedures (4 two-hour lessons)
16. Judicial settlement of disputes arising from individual labour contracts involving foreign elements: Regulation 44/2001 (Brussels Regulation) on international jurisdiction and the recognition and enforcement of judgments: (2 hours V. Vasilakakis)
17. The law applicable to individual labour contracts with foreign elements: Regulation 864/2007 (Rome Regulation) (2 hours Α. Kazakos or V. Kourtis)
18. The problem of posting of workers and its regulation by EU law: Directive 96/71/EC on posting of workers in the framework of service provision: (2 hours Α. Kazakos or Α. Gizari)
19. Strikes and lock-outs with foreign elements and their regulation by Regulation 864/2007 on the law applicable to extra-contractual obligations (2 hours Α. Kazakos)
V Synthesis (1 two-hour lesson)
20. Flexicurity, or employment with dignity? (2 hours Α. Kazakos – C. Deliyianni-Dimitrakou)