Freedland, M;
Kountouris, N;
(2017)
Some Reflections on the 'Personal Scope' of Collective Labour Law.
Industrial Law Journal
, 46
(1)
pp. 52-71.
10.1093/indlaw/dww041.
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Abstract
The purpose of this article is to focus on a very topical aspect of labour/employment law, namely that of its personal or relational scope, which is usually regarded as an individual one, but which we argue has a significant and largely neglected collective dimension. A first introductory section proposes a normative framework for this inquiry, arguing for a more inclusive approach to relational scope where collective labour rights are engaged and finding a basis for this approach in ILO Recommendation No 198. A second section demonstrates the way in which the relevant jurisprudence of UK labour/employment law has seemed to be out of accord with that normative approach. A third section demonstrates how the case law of the ECJ and CJEU has also in its own way been unsympathetic to claims that self-employed workers should be brought within the fold of collective labour law, particularly with regard to collective bargaining. A fourth section further develops a supranational perspective upon these arguments, concentrating on arguments and pronouncements emanating from the European Committee for Social Rights. A fifth section considers ways in which novel scenarios of differentiation between ‘labour’ and ‘capital’ are presenting themselves in the context of the so-called ‘gig economy’, focusing on the very recent UK Employment Tribunal decision in the Uber case. A sixth concluding section expresses the hope that the article has opened up a largely untrodden path towards an authentically collective view of the debate about the personal scope of labour/employment law.
| Type: | Article |
|---|---|
| Title: | Some Reflections on the 'Personal Scope' of Collective Labour Law |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1093/indlaw/dww041 |
| Publisher version: | https://doi.org/10.1093/indlaw/dww041 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | Personal scope, labour/employment law, collective labour law, contract of employment, self-employment |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/1552540 |
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