DER2017-83040-C4-4-R. Towards a new model of transnational labor law and social security (TRANSLABOUR)

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This subproject will study and analyze the meaning of transnational collective labor law, examining conflicts of laws and jurisdictions within the framework of collective labor relations connected to more than one legal system. It will also consider all the key aspects in this regard: the representativeness of trade unions at the supranational level; issues related to the self-regulation of negotiation processes for reaching certain atypical transnational collective agreements; and finally, all matters relating to the self-protection and defense of workers' interests in the supranational context, specifically issues related to so-called cross-border industrial actions. All of this will be done while keeping in mind the social and economic implications of these processes. Its specific objectives are:

1. To study the nature, content and operating regime of so-called international framework agreements, transnational collective agreements and the products of European social dialogue
2. To study the structure and organization of atypical collective bargaining at the European and international level
3. Study the codes of conduct and best practice guides at European and international levels, especially those developed in the field of transport
4. Study international collective actions and the non-contractual liability of trade unions in their convocation and execution
5. Analyze European and domestic jurisprudence where union participation in actions aimed at forcing certain working conditions within the framework of international conventions or agreements is studied.

In particular, to analyze whether some recent judicial pronouncements can be interpreted as a correction of the doctrine established in the Viking and Laval cases.

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In this subproject we will study and analyze what the transnational collective labor law is, taking into account the conflicts of law and jurisdiction in the framework of collective labor relations connected to more than one estate. This study will be done from all the different and possible approaches, such as the degree of representativeness of trade unions in the international level, the self-regulation in the collective negotiation processes in order to reach different types of atypical collective agreements in the transnational level and the self-protection of the workers interests in the international context, in the framework of the so called transnational collective industrial action. Also, we will take into account the social and economic implications of these processes. The specific objectives are the following:

1. To study the nature, content and legal status of the international framework agreements, the transnational and European collective agreements and the European social dialogue
2. To study the structure and organization of the international atypical collective bargaining at the International and European level.
3. To study the codes of conduct and guides to good practice at the European and international level, especially in the field of transport.
4. To study the international collective actions and the non-contractual liability of trade unions for those actions.
5. To analyze European and domestic case law on the trade union participation in actions in order to impose certain working conditions in the framework of national or international collective agreements.

Particularly, one on the main objectives is to analyze if some recent case law is correcting the Viking and Laval doctrine.

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Researcher at the University of La Laguna

• Dulce María González Doreste

Project Coordinator

• Olga Fotinopoulou (University of the Basque Country)