Development of labor law in the eu an d eaeu: how comparable? (original) (raw)
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Development of Labor Law in the EE and EAEU: how comparable?
Russian Law Journal, 2018
Union (EAEU) with the ambitious goal of ultimately transforming it into a " Eurasian Union " with a deeper confederative structure in the future. Parallels between this regional integration project and the European Union integration process are emerging. But there are also marked differences between them. The article highlights those parallels and differences in order to assess the general prospects for harmonizing labor law among the member states and to clarify how much of the EU experience in the harmonization of labor law may be applicable to the Eurasian integration project. The completely different roots and ways to harmonize the national labor law systems within the EU and the EAEU are also discussed in the article. The authors claim that the approaches to harmonizing labor law in the two regions are mirror images of each other. While the EU project attempts to provide at least a partial common legal framework for certain separate aspects of legal regulation of labor among the very diverse national labor law systems, the EAEU currently refuses even to address the harmonization of national labor laws. However, the national labor law systems of EAEU member states are already much more homogenous than in the EU. Therefore, labor law harmonization in the EAEU may develop as a consequence of its economic integration and single market.
Labor Laws in Eastern European and Central Asian Countries
2009
This study focuses on internationally accepted labor standards and norms governing the individual employment contract, including ILO conventions and recommendations, EU labor standards (Directives) and the European Community Social Charter (Charter of Fundamental Social Rights of Workers). The study also analyzes relevant provisions in the main labor law of each Eastern European and Central Asian (ECA) country associated with commencing or terminating employment and during the period of employment. References are made to relevant practices from EU15 countries. Overall, despite similar origin of country labor laws, the current set of labor regulations in the region provides a wide array of legal solutions. The minimum content of the employment contract in most ECA countries coincides, and goes beyond, the requirements of the labor standards even in the countries that are non-signatories of relevant treaties. Some of these entitlements, however, have the potential to adversely affect labor market participation.
The Future of Labour Law: Insights from an East European Country
european labour law journal, 2010
The accession of the eight former socialist countries to the European Union in 2004 (and further two in 2007) was preceded and also followed by intensive debates on the supposed effect of this accession to the labour standards in the fifteen "Old Member" states. This contribution, however, takes a somewhat different viewpoint, in light of the debate on the future of labour law in Europe. It not only takes the perspective of a so-called transitional country in the course of and after the accession to the European Union. It also encourages the search for viable solutions drawn from the pre-transition experience of Eastern European countries, without neglecting the opposite substance of centralized planned economies and market economies.
Analytical Review 5_EEU Common labour market, 2019
Due to vast migrations and uneven demographic rates within the Eurasian area, labour migration around the area has become the objective necessity. Free labour migration started being considered the essential impetus for economic development of post-Soviet states after they obtained independence in 1991. Therefore, the attempts to provide free labour migration in the post-Soviet area were taken immediately after the collapse of the USSR, within the Commonwealth of Independent States (CIS) in particular. For instance, the Agreement on the visa-free regime among the CIS states was signed. However , further framework agreements as well as the creation of specialized institutions (the Consultative Council on labour, migration and social benefits) were not agreed. Decelerating economic growth as well as the absence of large infrastructure and business projects in need of foreign labour provided no impetus for the CIS states to ensure labour migration. In addition, they did not wish to incur costs for providing labour migration in the CIS because those days most CIS countries had to spend the substantial part of their budgets on solving their domestic social and economic problems. Nevertheless, while trying to provide free labour migration the CIS countries understood that harmonization of labour migration legislation is necessary for achieving economic success. Therefore, it should be accompanied by economic integration in general, that slowed down within the CIS, though. As a result, several states that were more interested in economic integration than others agreed to create, firstly, the Eurasian Economic Community , and then-the Eurasian Economic Union (EEU) that announced creating common labour market to be one of its priorities.
Comparative Analysis of the EAEU and the EU Common Labour Markets
Vestnik RUDN. International Relations
The embodiment of the pragmatic school of the 100 years old Eurasianism movement - the Eurasian Economic Union - took inspiration from the European Union to create a single internal market. Hence, the EU and the EAEU both aim to liberalize economic relations between their member states despite their fundamentally distinct histories and development levels. Both unions have achieved some degree of success in establishing the common labour market. As the integration process continues in the context of the global pandemic there are new barriers to abolish. This article examines the European Union (EU) and Eurasian Economic Unions (EAEU) major accomplishments and challenges in establishing a single labour market. The research used a systematic approach to outline two regional labour markets policy context and mechanisms. Comparative analysis is used to highlight the similarities and differences of the EAEU and EUs practice and current challenges in the framework of the single labour mark...
The USV Annals of Economics and Public Administration, 2017
The article proves the necessity of harmonization of the Ukrainian labour legislation in accordance with Acquis communautaire. The main legal acts in the sphere of Ukrainian labour legislation are analyzed. Special attention in the article is devoted to the critics of the Draft Labour Code of Ukraine, also marked its contradictions, positive sides and shortcomings are indicated. Potential dangers of the protection of labour rights in Ukraine connected with the lack of regulation of activity of trade unions are identified. The conditions necessary for the successful implementation of international labour standards and principles in Ukrainian national law are proposed.
Chicago Kent Law Review, 1992
The author wishes to thank Pam Connally, John McIntire, and Jon Newman for their able research assistance on this project, and to express her gratitude to Maria Makris-Gouvas and Ted Tomlinson, for their insightful suggestions about the manuscript. 1. A useful summary of the provisions of the Treaty on European Union and the changes it will effect in the institutional, economic, and legal structure of the European Community may be found in PAOLO MENGOZZI, EUROPEAN COMMUNITY LAW: FROM COMMON MARKET TO EURO-PEAN UNITY 295-304 (Patrick Del Duca trans., 1992). On the broad implications of the Community becoming a European Union, see generally Peter Ludlow, The Maastricht Treaty and the Future of Europe, 15 WASH. Q. 119 (1992). 2. The expanded social competence largely exempts the U.K., however. See Protocol on Social Policy annexed to Treaty on European Union, reprinted in 31 I.L.M. 357-58 (1992) [hereinafter Protocol on Social Policy]; Agreement on Social Policy Concluded Between the Member States of the European Community with the Exception of the United Kingdom of Great Britain and Northern Ireland annexed to Protocol on Social Policy annexed to Treaty on European Union, reprinted in 31 I.L.M. 358-60 (1992) [hereinafter Agreement on Social Policy]. See generally ROGER BLANPAIN, LABOUR LAW AND INDUSTRIAL RELATIONS FOR THE EUROPEAN UNION: MAASTRICHT AND BEYOND: FROM A COMMUNITY TO A UNION 31-33 (1992). 3. Title III of the TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, [EEC TREATY] (as amended 1987), entitled "Social Policy," includes a Social Provisions chapter with The pace of these developments may seem glacial to some Europeans, but from the American perspective, they seem fairly breathtaking. Even the name of the Community has been rendered partially obsolete. Upon ratification of the Treaty on European Union, agreed upon at Maastricht by the twelve Member States on December 10, 1991, and signed February 7, 1992, the European Economic Community, or "EEC," is transformed into a European Union to be known as the European Community, the "EC. ' '4 As of this writing, ten Member States-all but the UK and Denmark-have ratified the Maastricht Treaty. 5 The transformation from an economic to a political and social union is by no means assured, however. The Danish refusal to ratify the Maastricht Treaty without substantive change 6 is symptomatic of growing concerns among the citizens in several EC countries regarding the "democratic deficit"-the limited electoral accountability of most organs of government in the EC structure. 7 Because the Danish objections involve issues such as the single currency and foreign and defense policy 8-matarticles bearing on employment (art. 118); labor-management relations and collective bargaining (arts. 118, 118B); working conditions (arts. 117, 118); vocational training (art. 118); social security (arts. 118, 121); occupational safety and health (arts. 118, 118A); labor law (art. 118); workers' right of association for purposes of mutual aid and protection, including union organizing (art. 118); equal remuneration for equal work by men and women (art. 119); and governmentally-mandated paid holiday schemes (art. 120). In addition, the Social Policy Title includes a chapter establishing the European Social Fund, to encourage and fund vocational retraining as well as to provide interim assistance and resettlement allowances for workers displaced by business restructurings and redeployment of operations. EEC TREATY, supra, arts. 117-21. 4. Treaty on European Union, art. G, intro. para., A(l) (amending EEC TREATY, supra note 3, art. 1) [hereinafter EC Treaty or Maastricht Treaty]. See MENGOZZI, supra note I, at 295, 297. The twelve Member States are Belgium,
European Journal of Comparative Law and Governance, 2022
The urgency of the studied problem is due to the European integration of Ukraine and the presence in modern Ukrainian society of an acute need for codification of labour legislation. Ukraine has an extensive system of labour regulations that fail to correspond to one another and often lead to the violation of constitutional and human rights. This article aims to analyse the legislation of leading European countries in the field of codification of labour legislation in order to identify factors and problems of codification of labour legislation in Ukraine. Based on a comparative analysis of Ukrainian and European legislation in the field of codification of labour law, a list of recommendations will be presented aimed at improving the codification process of labour law in Ukraine. The materials of the article have practical value for everyone, who must participate in effective lawmaking in Ukraine.
In search of Central and Eastern European labour relations
1994
In societies that undergo total, fundamental changes, like Central and Eastern European countries, it is difficult to assess changes in one area of society. The variety and number of influencing factors is considerably larger than in cases of small changes or relative stability. An analysis of an area is well nigh possible, especially when the pace of the changes is considered as well. A solid analysis can be made when society has become more stable again. One does not, however, have to wait to describe changes, despite the fact that these will be outdated very soon. The importance of this is to see how societies develop and in which direction. Strictly speaking, by doing this a contribution to historiography is made. When considering the area of labour relations, one can say that in the Central and Eastern European countries the Soviet-model prevailed for decades. Put very shortly, in this model economic interests and the existence of employee and employer relations were denied or even forbidden. The state took the place of both actors and submitted the material production and material reproduction of society to her will ('Tatur 1992, 192). Although some countries tried to change this situation during the period of communist domination, the big change was ushered at the end of 1989 in all of Central and Eastern Europe. This also had its repercussion in the area of labour relations. It was clear that the Soviet-model would have to be abandoned because it would not fit the new democratic societies with market economies to be developed. What would labour relations then look like? First, a number of conditions should be fulfilled. The state should withdraw partially from economic life. The other two parties, employers and employees, should reconsider their role and (re}organize to represent and defend their respective interests. Beside this, a legal foundation should be developed for the labour relations. This foundation should contain rules