Collective bargaining: a single European concept?

Cefaliello, Aude (2016) Collective bargaining: a single European concept? LL.M(R) thesis, University of Glasgow.

Abstract

The European Union’s establishment of the single market and the easing of boundaries have an effect on the economy but also on society, resulting in a Europe-wide movement of companies and employees. The employment relationship crosses boundaries, and parties have to face different systems of law. Considering that collective bargaining is one of the major tools of employment regulation, this research explores the functions and mechanisms of the bargaining process at a European level and in two Member States, France and the United Kingdom, chosen as examples because of the diversity in their legal traditions: France as a country of civil law, and the United Kingdom as a country of common law.
Prior studies have focused on outputs of the collective bargaining process rather than the process itself, and the possibility of convergence of national industrial systems in the context of European integration. To date, little comparative research has been conducted about the process of collective bargaining at the national level and its connection with European Union developments. By comparing two Member States with different legal conceptions and approaches, the flexibility of the collective bargaining process as a common concept can be seen. Comparisons can also be made between national collective bargaining and European social dialogue.
Therefore, this dissertation is motivated by two sets of research questions: (1) what was/is the influence of France and the UK on the European social dialogue construction? What in their politics decision had an impact, and what were the consequences? (2) Considering the actual framework about the process of collective bargaining, is there any phenomenon of convergence or divergence between the French and the British systems, and also with social dialogue? What are the consequences of similarities and differences on the employees’ situation? To what extent is there a connection between the national and the European processes?
Three alternative hypotheses emerge: (1) the concept of collective bargaining is the same in the French, the British and the European systems. (2) This concept is common at the national level, but the European social dialogue differs from it. (3) The concept of collective bargaining is not applicable at the European stage, and the divergences between the French and the British systems prove that the realities of this concept are not the same. The goal of this study is to explore the collective bargaining process in these three systems to see their similarities and differences and what they can learn from each other to improve the concept of collective bargaining in the European Union.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: European Union, labour law, European labour law, comparative law, French labour law, collective bargaining, social dialogue.
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Mair, Professor Jane
• Date of Award: 2016
• Depositing User: Aude Cefaliello
• Unique ID: glathesis:2016-7063
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 23 Feb 2016 09:54
• Last Modified: 10 Mar 2016 11:02
• URI: https://theses.gla.ac.uk/id/eprint/7063