Dates and times:
The International Association of Labour Law Journals is promoting a Call for Abstracts in connection with a seminar, organised by the Italian IALLJ-member journals, to be held on May 5th, 2023, in Naples (Italy) at the Federico II University, where the selected papers will be presented. This afternoon-seminar will start at 15.00h.
A panel of prominent scholars from the IALLJ membership will discuss the chosen abstracts.The Association’s journals may also select some papers for publication, based on the abstracts
which were submitted. The authors can write in the language agreed upon with the journal selecting the abstract.
Title: Best practices in comparative labour law
The time is ripe for a reflection on the importance of comparison in labour law and social security studies; while comparative research does not appear to be at all new, a few factors, some of ageneral nature and some intrinsic to labour law make it paramount to address once again such type of analysis.
Among the former, two need to be especially acknowledged:
1. The globalization of society and economy makes it increasingly necessary to compare the legal systems of various countries. In fact, many countries are currently facing similar problems; consequently, legislators and Courts search for inspiration to find proper solutions by looking at what has been done by other States. The rise of the gig economy and the widespread cross-border debate on the status of platform workers is one of the most prominent examples of the importance of comparative analysis to solve new legal questions. But many other examples can be given such as, among others, the various telework reforms implemented in recent years, the legislative focus on the right to disconnect, or, in addition, legislation passed at the national level on due diligence.
2. Several challenges, such as growing inequality and the climate change, concern all countries in the world. Consequently, these worldwide challenges need a global solution.This can be elaborated only starting from a comparative examination of the national legal systems to find out the specific problems they face and the original solutions they provide.
3. The dimension of the European Union from the planning phase of its actions presents itself as the “germ” of the comparison because the legal systems of the 27 Member States need to be fully grasped and understood before intervening with supranational legislation. This issue may hold lesser importance at the international law level because, for example, before issuing conventions, the ILO compares the primary Adhering States with more flexibility than the Union does, since there is no obligation to ratify the ILO conventions. Conversely, the Member States of the Union must apply European standards and comply with its
When it comes to specifically engaging in comparative labour law research, the need for an upsurge and dissemination appears to be linked to two main factors:
1. From global phenomena: The development and growth of multinational companies, and in general of a transnational dimension of manufacturing organizations, requires that they operate in different countries and intersect a plurality of legal systems, from which legal problems arise, which can be solved only by getting acquainted with the different national contexts.
2. From the EU perspective: For labour law, the European Union means many things. Still, since its origins, it has meant, first, freedom of movement for workers to whom certain rights must be recognized in the various Member States. In recent years, it could be argued that economic and social changes have pushed for a renewed attention to the EU social dimension, of which the European Pillar of Social Rights and the Directive on adequate minimum wages are the most known examples. Such context, however, brings new challenges, not only in the dialogue among the EU and the Member States’ lawmakers but also among the different Courts.
Under these stimuli, this call aims at raising a debate on some practical issues of comparative research in labour law in two or more countries all over the world and invites labour law scholars and researchers from other close disciplines to present contributions in the following areas:
a) Contract of employment: in particular, classification issues (self-employment/dependent work), employer’s prerogatives and powers, non-standard work, dismissals.
b) Trade unions and industrial relations: in particular, collective bargaining systems, firmlevel representation, workers’ participation, and industrial conflict.
c) Social security: in particular, basic income and anti-poverty strategies, ageing policies, social safety nets and unemployment benefits.
Deadline for submission of abstracts: March 1st, 2023.
Abstract: maximum 10000 characters (spaces included). The abstract should focus on one or more of the above-mentioned topics, clearly describing the research objectives, the methodology and (if necessary) an essential bibliography.
Contacts for information and submission: cfp.IALLJ@gmail.com
Academic organisers: Massimiliano Delfino (Federico II University of Naples - Diritti Lavori Mercati), Silvia Borelli (University of Ferrara - Lavoro e diritto), William Chiaromonte (University of Florence - Giornale di diritto del lavoro e di relazioni industriali), Emanuele Dagnino (University of Modena and Reggio Emilia - Diritto delle relazioni industriali & EJournal of International and Comparative Labour Studies), Giuseppe Antonio Recchia (University of Bari – Rivista giuridica del lavoro e della previdenza sociale)