The Collective Dimensions of Employment Relations : Interdisciplinary Perspectives on Workers’ Voices and Changing Workplace Patterns

This edited volume explores the old and new "collective dimensions" of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work. Tindara Addabbo is Full Professor in Economic Policy in the Marco Biagi Department of Economics at the University of Modena and Reggio Emilia, Italy and member of the Scientific Committee of the Marco Biagi Foundation. Edoardo Ales is Full Professor of Labour Law at the Parthenope University of Naples, Italy and member of the Scientific Committee of the Marco Biagi Foundation. Ylenia Curzi is Associate Professor of Organisation and Human Resource Management in the Marco Biagi Department of Economics at the University of Modena and Reggio Emilia, Italy and member of the Scientific Committee of the Marco Biagi Foundation. Tommaso Fabbri is Full Professor of Organisation and Human Resource Management and Dean of the Marco Biagi Department of Economics at the University of Modena and Reggio Emilia, Italy and member of the Scientific Committee of the Marco Biagi Foundation. Olga Rymkevich is a senior Researcher in Labour Law and Industrial Relations in the Marco Biagi Foundation at the University of Modena and Reggio Emilia, Italy. Iacopo Senatori is Assistant Professor of Labour Law at the University of Modena and Reggio Emilia, Italy and member of the Scientific Committee of the Marco Biagi Foundation Contents Editors and Contributors List of Figures List of Tables 1 Introduction Part I The Collective Dimensions of Employment: A Taxonomy 2 Challenges for Workers’ Participation Introduction The Variety of Systems of Workers Participation The Advantages of Workers’ Participation The Approach of the European Union The Preconditions of Workers’ Participation The Need for Workers’ Participation Bigger Than Ever Does Workers’ Participation Have a Future? Conclusion References 3 Trade Unions, Employers’ Association and the Law Introduction Trade Unions and Employers’ Associations, What’s in a Name? The Acquisition of Legal Personality The Issue of Representativeness Interactions with and Between Trade Unions and Employers’ Associations Interactions Between Trade Unions and Employers Interactions Between Trade Unions and Workers’ Representatives not Related to the Trade Unions Conclusion References 4 Organization as Collective Rule-Making Introduction Interdependence Coordination Interpreting Coordination: Alternative Options Beyond the Fiction References 5 The Collective Dimensions of the Employment Relationship: Ways Beyond Traditional Views Dimensions Is Not a Typo Beyond the “Fiction”: The ‘Inescapable Workers’ Participation’ in the Relational Perspective The Prescriptive Perspective, Its Demands, and Some Solutions References Part II The Collective Dimensions and Workplace Organisation 6 Does Control Change Nature in Industrial Digital Work? A Secondary Analysis of the 1991–2015 European Working Conditions Surveys Introduction Theoretical Framework Control Based on Actual Direct Surveillance Control Based on the Possibility of Direct Surveillance Controlled Autonomy (and Internalized Control) Research Methodology Data Sources Cases and Variables Selection Data Analysis Discussion and Conclusions References 7 Neoliberal Conceptions of the Individual in Labour Law Introduction The Neoliberal Subject The Liberal Firm The Neoliberal Firm The Neoliberal Subject and Neoliberal Rationality The Neoliberal Subject in Labour Law Modelling the Individual on the Corporation Replacing Labour with Human Capital: Choosing Working Times Time as Capital Skill Discretion as Autonomy Blurring Production and Reproduction Reimagining Business Activity and Entrepreneurialism Liberal Rationality and Business Activity Neoliberal Business Activity and Indifference to Institutional Context A Contrast for Emphasis Neoliberal Rationality and Means-Ends Logic Over-Contractualization Conclusion References 8 Is the Structure of Employee Representation Institutions in Europe Adapted to the Economic Transformations? Analysis and Proposals from the Spanish Case Background: New Production Structures, Same Worker Representation Bodies? European Legislative Shortcomings: The Spanish Case as Example Alternatives to Be Found in the European Context: In Particular, the French Model Proposals to Increase Employee-Elected Representation Coverage and to Improve Its Effectiveness References Part III Challenges and Perspectives for the Collective Dimensions of Employment: National Focuses 9 The Right to Strike: The ILO and ECHR Legal Frameworks and the Potential Non-compliance with Those Standards of the New Swedish Legislation Introduction Background The Swedish Trade Union Movement Between Pluralism and Lack of Competition Among Different Unions The Industrial Conflict in the Göteborg Harbour The Law on the Limitation of the Right to Strike The Right to Strike in the Context of the ILO Clash of 2012 Between the Employers and Workers’ Groups The Links Between Right to Strike and Freedom of Association in the ECtHR Case Law The Swedish Reform in the Light of the Legal Constraints Stemming from the ILO and the European Convention of Human Rights Conclusion References 10 ‘Prova di Solidarietà’: How Effectively are Unions and Emerging Collective Worker Representatives Responding to New Business Models in Australia and Italy? Introduction Comparing the Landscape: Trade Unions, Labour Law and New Business Models in Australia and Italy Trade Union Organisation and the Legal Framework for Worker Representation Italy Australia Adoption of New Business Models Italy Australia Assessing the Effectiveness of Collectivist Responses to New Business Models Union and Emerging Collectivist Responses in Australia and Italy: A New Model of Solidarity for the Changing World of Work? Overview Collective Bargaining/Attempts to Negotiate Collective Agreements Italy Australia Assessment Union Lobbying to Obtain Improvements in Regulatory Framework Italy Australia Assessment Litigation to Challenge Particular Business Models Italy Australia Assessment Self-Organisation/Spontaneous Worker Protests Australia Assessment Conclusions References 11 Explaining Failures of Social Dialogue Building in Eastern Europe Introduction Strengthening of Social Dialogue in CEE Social Dialogue Institution Building via Political Reforms Europeanization Through Capacity Building and Dissemination of Social Standards The Baltic Extremes Why Should Employers Be Motivated in Social Dialogue? Multi-employer Bargaining and the Competitiveness of Baltic Exports Baltic Exports Competitiveness of Baltic Exports Conclusion References 12 New Challenges for the Collective Representation of Platform Workers in Russia and China Introduction Shared Economy: Gig Drivers and Couriers Russia China Legal Status of Platform Workers Russia China Trade Unions and Gig Workers Russia Couriers’ and Gig Drivers’ Protests China Conclusion References 13 Evidence from Monitoring on Tax Incentives on the Performance Related Pay in Italy Introduction Measures for Labour Productivity in Decentralized Bargaining Evolution of Productivity Measures in Decentralized Bargaining The Integration by Company, Size, Industry and Region Problems of Measurability of Performance Increases and Choices Made by Companies New Features in the Installation of Concession Measures: The Incremental Nature and Verifiability of Target Values Objectives and Criteria for Measuring Performance Bonuses Performance Indicators Conclusions References Index