Flexiseguridad, derecho al trabajo y estabilidad laboral

INTERNATIONAL union rights Page 2 Volume 23 Issue 2 2016 IUR ❐ EDITORIAL Editorial: Trade union rights after the UK’s vote to leave the EU T his edition of IUR looks at the implications of what was, for many, an unexpected development with potentially far-reaching consequences : in June, UK voters voted to leave the European Union, by a margin of 52 to 48 percent in an average turnout of 72.2 percent. Owen Tudor of the British TUC (which campaigned for a Remain vote), but expresses concern : ‘the European Union has played a central role in protecting working people from exploitation , combating discrimination and promoting good employment practices’, while ‘UK governments strongly resisted equal treatment rights for agency workers, working time limits, and rights for workers to receive [workplace information and consultation]. During the referendum, only four trade unions officially called for a vote to leave the EU, while most other unions (including the country’s largest unions) called for a remain vote. Yet, as Alex Gordon points out, ‘analysis of the voting patterns revealed in the referendum result demonstrates a majority of working class voters, particularly in Britain’s former industrial heartlands; the north of England, Midlands and South Wales, voted (and in significantly large numbers) to leave the EU’ Trying to gauge international perspectives on ‘Brexit’, IUR uncovered clear concern at the deteriorating attitude towards Polish workers in the UK being expressed by the Polish trade union centre OPZZ, which has observed that ‘the campaign was won by xenophobia and populism, and as a result of exit from the EU, the situation for the majority of British people will worsen’. Esther Lynch of the ETUC observes that ‘the EU as a whole now faces a very difficult challenge … the anger and disillusionment of working people with the EU is not confined to the UK’, and adds that ‘social rights, in particular […] trade union rights, are not being accorded equal weight and emphasis compared with the protection and promotion of employers’ economic freedoms’. To address this urgent situation , Esther argues that ‘collective bargaining systems have to be restored as a fundamental right and because a pay rise for workers in Europe is central to a fair recovery from the crisis. The adoption of a social progress protocol is urgently required to restore the proper balance between economic freedoms and fundamental social rights in particular trade union rights’. Into this dynamic context, IUR welcomes the timely launch of the Manifesto for Labour Law: towards a comprehensive revision of workers’ rights, produced by the UK’s Institute for Employment Rights (IER). Observing that ‘the UK has ‘a framework of law born out of 19th century conditions, which has bypassed many advances of the 20th century, which ignores today’s economic and workplace realities, and which is not fit for purpose in 21st century Britain’, IER calls for the ‘restoration’ of the principles of collective bargaining ‘to provide a means of workplace democracy , to bring some measure of balance to the otherwise disproportionate power of employers, to redress wage inequality, to prevent the exploitation of migrants, to raise wages, increase demand and reinvigorate the economy, and to fulfil the UK’s binding legal obligations’. As Jon Jeffries reminds us, however, April this year saw the passing into law of the much-criticised Trade Union Act 2016. While parts of the original Bill were stopped (in part due to trade union negotiations linked to the then impending EU referendum) Jon Jeffries examines how the role of the Certification Officer was re-written. Looking at the trade union scene elsewhere; we report on unpopular changes to French labour law and the response of unions and youth movements; on Turkey we assess the trade union rights situation before and in the immediate aftermath of the failed coup attempt; we hear from David Bacon of the appalling treatment meted out to striking teachers in Mexico; report on the shocking sentence handed down to a South Korean trade union leader; and we publish a report back from the Global Labour Institute’s trade union summer school. Daniel Blackburn, Editor Next issue of IUR Articles between 850 and 1,900 words should be sent by email (mail...

美國哲學家諾齊克於1974年出版之《無政府、國家與烏托邦》與羅爾斯於1971年出版之《正義論》，皆屬當代英美政治哲學重量級著作，惟前者在學界贊同者遠少於後者，國內文獻對於後者之重視亦甚於前者。大致上，《無政府、國家與烏托邦》係就古典自由主義或放任自由主義所主張最小限度國家，提出有別於傳統契約理論之論證，引入諸如保護性團體、看不見的手的解釋、權利作為邊際限制、資格理論及烏托邦架構等概念。而我國憲法被認為具有社會國或民生福利國之精神，惟本論文仍嘗試檢討《無政府、國家與烏托邦》之思想是否有於我國憲法解釋援用之可能。除整理該書大要及部分詮釋、補充之文獻外，並就我國憲法相關之法治國原則及社會國原則，探討學說論述及於大法官解釋可否得印證。關於社會國原則另探討社會權、基本國策、人性尊嚴與最低限度生存權等議題，就社會權復延伸至制憲史及歷史解釋於憲法解釋是否具優先性，並由相關大法官解釋，指出憲法第15條生存權及工作權、憲法第22條受國民教育權、由人性尊嚴推導出憲法最低限度生存權具原始給付請求權之效力乃至社會國原則本身皆與諾齊克理論存在衝突，且無法援引憲法變遷理論來緩和。就法治國原則，著重於基本權保障部分，除指出應可推論凡國家逾最小限度之功能，對人民基本權之防禦功能或自由權面向所加限制，應已侵害諾齊克會肯認之權利而非正當，並闡述與諾齊克理論關係最切之基本權係財產權與契約自由。進一步從關於財產權及契約自由之大法官解釋，探究大法官所闡述之見解是否有與諾齊克理論相通或至少有相容可能，最後仍認與諾齊克理論有所扞格，得出無法於我國憲法解釋援用之結論。末則簡要說明我國憲法解釋上援引諾齊克理論之困難，及如肯認其最小限度國家之思想，於憲法解釋或憲政實務上採納之可能路徑。

This chapter explores the protection of workers' rights as human rights. Our specific focus is the current discussion within the International Labour Organization about whether a right to safe and healthy working conditions will be recognized as among the ILO's fundamental principles and rights at work. The most recent catalyst for the discussion lies in the report of the ILO's Global Commission on the Future of Work, which recommended creation of a Universal Labour Guarantee that would add "a set of basic working conditions" to the existing fundamental principles and rights at work. After reviewing the debate over labour rights as human rights, and the ILO's 1998 Declaration on Fundamental Principles and Rights at Work, we consider the basic working conditions proposed as part of the Universal Labour Guarantee. We then chart the fate of the Universal Labour Guarantee from the ILO's Centenary Declaration to current proposals before the ILO Governing Body to acknowledge a right to safe and healthy working conditions as a fundamental right. We conclude with observations about the potential impact of the Centenary Declaration and some of the implications of expanding the definition of fundamental rights.

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Rights should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. The book culminates in the proposal and elaboration on an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

The present paper examines two main recent issues of the social policy of the European Union (EU). The legal basis of the analysis includes some of the most significant areas of labour law and social law in the European Union. The Court of Justice of the European Union (CJEU) recently has decided some cases regarding the fundamental rights of workers based on the Charter of Fundamental Rights of the European Union and these judgments can mostly raise several concerns related to the interpretation of these rights. It is important that the CJEU has such judgments and it is of high importance that fundamental social rights are considered in these cases. Although, the subject of this paper is the judgment C-190/16, the reasoning and conclusions on the following pages apply to not only this case but also in general regarding the right to work and the prohibition of age discrimination. The lawful or unlawful limitation of these fundamental rights are highlighted because nowadays they mean more than meets the eye, keeping in mind the labour market challenges in the European Union. Consequently, the CJEU has come to important conclusions that have to be interpreted in the context of the recent changes of the social policy of the EU. The paper contains a short outline of the national case and the judgment of the CJEU. The main part of the paper consists of a merit analysis with comments and criticism concerning the limitation to the two emphasised fundamental rights. Conclusions are also included highlighting the importance of the right to work and equal employment in the social and employment policy of the European Union focusing mainly on the freedom to choose an occupation.

Human rights are fundamentally crucial to every individual, especially the right to education, which has been stipulated in the Indonesian constitution, not only Indonesia but international agreements have also stipulated that human rights apply to every individual by the implementation of this research. This aims to obtain information related to what causes the children of migrant laborers from Indonesia to have undocumented status and what problems are faced in obtaining Children of undocumented Indonesian migrant workers access to schooling, then what efforts and solutions can be made in obtaining education in Malaysia. Children of Indonesian migrant laborers who are undocumented. The researchers use qualitative methods and a systematic approach. Using methods for gathering data, such as interviews, observations, and documentation. Several reasons result in Malaysian migrant workers from Indonesia whose children lack proper documentation, including because they entered Malaysia illegally. Without having a valid work document, the validity period expires (overstaying), and getting married in Malaysia to another foreign citizen. There were problems with the rights of Malaysian migrant workers from Indonesia to send their kids to school, so the Hulu Langat guidance studio was established to overcome the problems, helping the kids of illegal Indonesian migrant laborers to help them get an education in Malaysia. With these causes resulting in their children having document status and with the establishment of the Hulu Langat guidance studio as a means of resolving the issues that Indonesian migrant workers' kids face, this has made a positive contribution to fulfilling the educational rights of the workers' children. Migrants from Indonesia in Malaysia, particularly young children, without proper documentation.

This article aims to study the exclusion of trans people in the labor market and the resulting non-effectiveness of the fundamental right to work. The work in contemporary society presents itself not only as a means of survival, it is also and not least, a means of social inclusion and promoter of the development process and human dignity. These people are invisible and the margins of society imposing heteronormative behavior. Thus, it was used in this study a bibliographic and documentary research made from literature review of the authoritative literature on the subject.

On December 8-9, 1989, the Member States of the European Community gathered together in the European Council at Strasbourg, solemnly declared, with the sole dissent of the United Kingdom, a Charter of Fundamental Social Rights of Workers.' The development of the 1992 programme carried with it increasing concern about the social consequences of the creation of the single internal market. The social policy of the Community, as developed over its first 30 years, did not seem adequate to the task.2 An attempt to overcome the stalemate preventing the Council approving many Commission proposals on social policy was made by the launching in 1985 of the Val Duchesse 'social dialogue' between the European level trade union and employers' organisations (ETUC and UNICE),3 reinforced by the provision in Article 118B of the Treaty inserted by the Single European Act. But this effort did not satisfy the perceived need for the formulation and implementation of a comprehensive social dimension for the 1992 programme. Building upon the Belgian Presidency (the Labour and Social Affairs Council of May 1987) and an Opinion of the Economic and Social Committee (the Beretta report of November 1987),4 a working party of the Commission in 1988 proposed a body of minimum social provisions.5 Thereafter, the development was very rapid: following an Opinion of the Economic and Social Committee in February 19896 and a Resolution on Fundamental Rights of the European Parliament in March 1989,7 a first draft of a Community Charter of Fundamental Social Rights was published by the Commission in May 1989, a second draft was produced in October 1989 and the December summit approved the final Charter.8 Shortly before that summit, the Commission had produced a communication concerning its Action Programme relating to the implementation of the Community Charter.9

Click to increase image sizeClick to decrease image size Acknowledgments I would like to thank Paul Cammack, Adam David Morton, Stuart Shields and two anonymous reviewers for their helpful comments on an earlier draft. Notes 1. James D. Wolfensohn & François Bourguignon, Development and Poverty Reduction: Looking Back, Looking Ahead (World Bank, 2004), p. 32. 2. Paul Cammack, ‘Neoliberalism, the World Bank, and the New Politics of Development’, in Uma Kothari & Martin Minogue (eds), Development Theory and Practice: Critical Perspectives (Palgrave, 2002), pp. 157–78; Paul Cammack, ‘The Mother of all Governments: The World Bank's Matrix for Global Governance’, in Rorden Wilkinson & Steve Hughes (eds), Global Governance: Critical Perspectives (Routledge, 2002), pp. 36–53; Paul Cammack, ‘The Governance of Global Capitalism’, Historical Materialism, Vol. 11, No. 2 (2003), pp. 37–59; and Paul Cammack, ‘What the World Bank Means by Poverty Reduction and Why it Matters’, New Political Economy, Vol. 9, No. 2 (2004), pp. 189–211. 3. Cammack, ‘Neoliberalism’, p. 178. 4. Cammack, ‘The Mother of all Governments’, p. 50. 5. Cammack, ‘What the World Bank Means by Poverty Reduction’, p. 197. Despite Stiglitz's somewhat acrimonious departure in January 2000, his legacy endures insofar as the logic of competition remains at the heart of World Bank political economy. The 2005 World Development Report, for example, states that that ‘a good investment climate encourages firms to invest by removing unjustified costs, risks, and barriers to competition’. What is required, therefore, is ‘an environment that fosters the competitive processes that Joseph Schumpeter called “creative destruction” – an environment in which firms have opportunities and incentives to test their ideas, strive for success, and prosper or fail’. World Bank, World Development Report 2005: A Better Investment Climate for Everyone (World Bank & Oxford University Press, 2004), p. 2. 6. Though the frame of reference for the central argument of this article is Cammack's scholarship on the governance of global capitalism, the utility of the analysis being presented certainly extends to fall within a variety of contemporary historical materialist scholarship. For example, the article could easily complement recent work on the ‘transnationalisation’ of the state. See William I. Robinson, A Theory of Global Capitalism: Production, Class, and State in a Transnational World (The John Hopkins University Press, 2004); and, for an application of the theory, William I. Robinson, Transnational Conflicts: Central America, Social Change, and Globalization (Verso, 2003). It could also serve as useful postscript to the analysis of the transnationalisation of the Mexican state by Adam David Morton, ‘Structural Change and Neoliberalism in Mexico: “Passive Revolution” in the Global Political Economy’, Third World Quarterly, Vol. 24, No. 4 (2003), pp. 631–53. However, I should stress that my research seeks to develop an approach that places investigatory primacy upon the study of ‘social form’ in capitalism and, as such, advances a different kind of dialectical analysis to that operationalised by Robinson, Morton and other contemporary theorists of ‘global economy’. By approaching the question of national reforms from a different methodological standpoint, the wider research of which this article is constitutive has arrived at qualitatively different conclusions to those of Robinson and others. For further clarification of this methodological distinction and why it is important, see the exchange between Andreas Bieler & Adam David Morton, ‘Globalisation, the State and Class Struggle: A “Critical Economy” Engagement with Open Marxism’, British Journal of Politics and International Relations, Vol. 5, No. 4 (2003), pp. 467–99; and Werner Bonefeld, ‘Critical Economy and Social Constitution: A Reply to Bieler and Morton’, British Journal of Politics and International Relations, Vol. 6, No. 2 (2004), pp. 231–37. 7. Mark E. Williams, Market Reforms in Mexico: Coalitions, Institutions, and the Politics of Policy Change (Rowman and Littlefield, 2001), p. 3. 8. See Nora Lustig, Mexico: The Remaking of an Economy (Brookings Institution, 1995); Gerardo Otero (ed.), Neoliberalism Revisited: Economic Restructuring and Mexico's Political Future (Westview Press, 1996); and Susanne Soederberg, ‘State, Crisis, and Capital Accumulation in Mexico’, Historical Materialism, Vol. 9, No. 1 (2001), pp. 61–84. 9. Here, I am paraphrasing Wolfensohn & Bourguignon, Development and Poverty Reduction, p. 2. 10. Joseph Stiglitz, ‘More Instruments and Broader Goals: Moving Toward the Post-Washington Consensus’, The WIDER Annual Lecture, Helsinki, Finland, 7 January 1998; and Joseph Stiglitz, ‘Towards a New Paradigm for Development Strategies, Policies and Processes’, Prebisch Lecture, UNCTAD, Geneva, 19 October 1998. 11. Joseph Stiglitz, ‘Distribution, Efficiency, and Voice: Designing the Second Generation of Reforms’, speech delivered during conference sponsored by the Brazilian Ministry of Land Reform and the World Bank, Asset Distribution, Poverty and Economic Growth, Brasilia, 14 July 1998. 12. Principal authors of the Viewpoints reports have included Shahid Javed Burki, a former finance minister for Pakistan, former World Bank vice president for the Latin American and Caribbean (LAC) region, and most recently the chief executive officer of Washington DC-based EMP Financial Advisors; Sebastian Edwards, a Chicago-trained economist, columnist for the Wall Street Journal, consultant to numerous international organisations and multinational firms, former World Bank Chief Economist for the LAC, and currently Henry Ford II Professor of International Business Economics at the Anderson School of Management, California; Guillermo E. Perry, former Colombian minister of finance and public credit, former Colombian senator and constitutional assemblyman, and director of LAC policy research at the Bank since 1996; and David de Ferranti, chair of the Rockefeller Foundation's finance committee, former director at the Rand policy research institute, and current Bank vice president for LAC. 13. This ‘unfinished’/‘second generation’/‘incomplete’ discourse is not confined to the Viewpoints series. See, for example, José Luis Guasch, Labor Market Reform and Job Creation: The Unfinished Agenda in Latin American and Caribbean Countries (World Bank, 1999); and Indermit S. Gill, Claudio E. Montenegro & Dörte Dömeland (eds), Crafting Labor Policy: Techniques and Lessons from Latin America (World Bank & Oxford University Press, 2002). Nor is it confined to World Bank reports for the LAC region – see, for example, United Nations Economic Commission for Latin America and the Caribbean (ECLAC), Productive Development in Open Economies (ECLAC, 2004). 14. Shahid Javed Burki & Sebastian Edwards, Latin America after Mexico: Quickening the Pace, Latin American and Caribbean Studies Viewpoints (World Bank, 1996), p. 11. 15. Shahid Javed Burki & Sebastian Edwards, Dismantling the Populist State: The Unfinished Revolution in Latin America and the Caribbean, Latin American and Caribbean Studies Viewpoints (World Bank, 1996), p. 25. 16. The most explicit and, at the same time, accessible exposition of this ‘deep interventionist’ competition logic can be found in World Bank, Transition – The First Ten Years: Analysis and Lessons for Eastern Europe and the Former Soviet Union (World Bank, 2002). 17. Burki & Edwards, Dismantling the Populist State, p. 27. 18. See, for example, Juan Luis Londoño, Poverty, Inequality, and Human Capital Development in Latin America, 1950–2025, Latin American and Caribbean Studies Viewpoints (World Bank, 1996). 19. Shahid Javed Burki & Guillermo E. Perry, The Long March: A Reform Agenda for Latin America and the Caribbean in the Next Decade, Latin American and Caribbean Studies Viewpoints (World Bank, 1997). 20. Ibid., p. 57. 21. Shahid Javed Burki & Guillermo E. Perry, Beyond the Washington Consensus: Institutions Matter, Latin American and Caribbean Studies Viewpoints (World Bank, 1998). 22. Ibid., p. 25. 23. Ibid., pp. 34–6. 24. Shahid Javed Burki, Guillermo E. Perry & William Dillinger, Beyond the Center: Decentralizing the State, Latin American and Caribbean Studies Viewpoints (World Bank, 1999), pp. 1–7. 25. David de Ferranti, Guillermo E. Perry, Indermit S. Gill & Luis Servén, with Francisco H. G. Ferreira, Nadeem Ilah, William F. Maloney & Martin Rama, Securing our Future in a Global Economy, Latin American and Caribbean Studies Viewpoints (World Bank, 2000), pp. 1–12. 26. Ibid., p. 123. 27. Ibid., p. 125. 28. David de Ferranti, Guillermo E. Perry, Daniel Lederman & William F. Maloney, From Natural Resources to the Knowledge Economy: Trade and Job Quality (World Bank, 2002). 29. Ibid., p. 2. 30. David de Ferranti, Guillermo E. Perry, Indermit Gill, J. Luis Guasch, William F. Maloney, Carolina Sánchez-Páramo & Norbert Schady, Closing the Gap in Education and Technology, Latin American and Caribbean Studies (World Bank, 2003). 31. Ibid., p. 10. 32. David de Ferranti, Guillermo E. Perry, Francisco H. G. Ferreira & Michael Walton, Inequality in Latin America and the Caribbean: Breaking with History?, Latin American and Caribbean Studies Viewpoints (World Bank, 2004). 33. Nikki Craske, ‘Another Mexican Earthquake? An Assessment of the 2 July 2000 Elections’, Government and Opposition, Vol. 36, No. 1 (2001), pp. 40–1. 34. Vicente Fox Quesada, A Los Pinos: Recuento autobiográfico y politico (Editorial Oceano de México, 1999), pp. 112–3. 35. Ramón Muñoz Gutiérrez, Pasión por un Buen Gobierno: Administración por Calidad en el gobierno de Vicente Fox, en Guanajuato (Editorial Grijalbo, 2003), pp. 9–35, 57–62, and 23. Further evidence of Fox's politics can be found in his involvement with prominent Latin American ‘third way’ political forums, such as the Grupo Mangabeira and the Grupo San Angel. Fox's first foreign minister discusses this involvement, and the content of the resulting ‘Buenos Aires consensus’, in Jorge G. Castañeda, ‘Mexico: Permuting Power’, New Left Review, No. 7 (2001), pp. 17–32. Such forums have been criticised for espousing ‘the ultimate goal of a market society of possessive individuals’: see John Gledhill, ‘Some Conceptual and Substantive Limitations of Contemporary Western (Global) Discourses of Rights and Social Justice’, in Christopher Abel & Colin M. Lewis (eds), Exclusion & Engagement: Social Policy in Latin America (Institute of Latin American Studies, 2002), pp. 131–47. 36. The Mexican Employers' Confederation (COPARMEX) had been formed in 1929 by conservative, and predominantly Catholic, Monterrey-based industrialists united in their opposition to the social reformism of the Mexican government at this time and, in particular, to the newly adopted Federal Labour Law. COPARMEX went on to cultivate a number of voluntary organisations that would later provide support for the National Action Party (PAN) and form the neopanista wing of the party, to which Fox is most closely aligned. 37. Roderic Ai Camp, Mexico's Mandarins: Crafting a Power Elite for the Twenty-First Century (University of California Press, 2002), p. 269. 38. Ibid., p. 270. 39. Roderic Ai Camp, Politics in Mexico: The Democratic Transformation (Oxford University Press, 2003), p. 183. 40. Poder Ejecutivo Federal, Plan Nacional de Desarrollo, 2001–2006 (Poder Ejecutivo Federal, 2001). 41. Ibid., pp. 21–2, my translation. 42. Secretaría del Trabajo y Previsión Social, Programa Nacional de Política Laboral, 2001–6 (Secretaría del Trabajo y Previsión Social, 2001). 43. Ibid., p. 112, my translation. 44. The discursive correspondence between the Fox government's policy documents and World Bank, World Development Report 2005: A Better Investment Climate for Everyone, is striking: ‘An investment climate that encourages growth creates sustainable jobs and opportunities for microentrepreneurs – the key pathways out of poverty for poor people, pathways that will become more crowded with coming demographic changes (p. 19). … It also encourages people to invest more in their own education and skills to take advantage of better jobs in the future. There is thus a two-way link between skills and jobs, with an improved investment climate complementing efforts to improve human development (p. 33). … There are, however, short-term costs due to changes in job characteristics and greater labour mobility in a modern, productive economy. This reinforces the importance of looking at labour market policies in the context of broader strategies, including efforts to foster a more skilled and adaptable workforce and to help workers cope with change’ (p. 142). 45. Gustavo Castro Soto, ‘The World Bank in Mexico’, Chiapas al Día, No. 236, 22 March 2001, http://www.ciepac.org/bulletins/ingles/ing236.htm, accessed on 31 January 2005. 46. ‘Directivos del Banco Mundial se reúnen con presidente de México y reafirman confianza en la economía del país’, World Bank press release, 20 January 2003. 47. See Dan Morrow (Lead Researcher), ‘Mexico: Country Assistance Evaluation’, Operations Evaluation Department, World Bank, 28 June 2001; and the author's interview with a Senior Operations Officer, Colombia and Mexico Country Management Unit, International Bank for Reconstruction and Development (World Bank Group), Mexico City, 1 December 2003. 48. Other Mexican officials present at the meetings included: Carlos Gadsen (Director General of the National Institute for Federalism and Municipal Development); Angel Gurría (Minister of Finance and Public Credit); Rodrigo Morales (Director of the Centre for Economic Investigation); Ricardo Ochoa (a Director General in the Ministry of Finance and Public Credit); Moises Pineda (now an executive at the World Bank); Cecilia Ramos (former Minister for Economic Affairs in the Mexican Embassy to the UK, and now a representative of Mexico at the World Bank); and Eduardo Sojo (the Presidential Coordinator of Public Policy). 49. Marcel M. Giugale, Olivier Lafourcade & Vinh H. Nguyen (eds), Mexico: A Comprehensive Development Agenda for the New Era (World Bank, 2001). 50. World Bank Comprehensive Development Secretariat, ‘Comprehensive Development Framework: Implementation Experience in Low- and Middle-Income Countries – Progress Report’, 26 April 2002, p. 59. 51. See Marcel M. Giugale, ‘A Comprehensive Development Agenda for the New Era: Synthesis’, in Giugale et al., Mexico: A Comprehensive Development Agenda, p. 3. 52. Ibid., pp. 15–16; also William F. Maloney, with Gladys Lopez-Acevedo & Ana Revenga, ‘Labor Markets’, in Giugale et al., Mexico: A Comprehensive Development Agenda, pp. 511–36. 53. World Bank, ‘Memorandum of the President of the International Bank for Reconstruction and Development and International Finance Corporation to the Executive Directors on a Country Assistance Strategy of the World Bank Group for the United Mexican States’, Report No. 23849-ME, Colombia–Mexico–Venezuela Country Management Unit, Latin America and the Caribbean Region, 23 April 2002; Ulrich Lächler (Lead Researcher), ‘Mexico: Enhancing Factor Productivity Growth’, Country Economic Memorandum, Report No. 17392-ME, Mexico Department, Latin America and the Caribbean Region, World Bank, 31 August 1998; and World Bank, ‘Memorandum of the President of the International Bank for Reconstruction and Development and the International Finance Corporation to the Executive Directors on a Country Assistance Strategy Progress Report of the World Bank Group for the United Mexican States’, Report No. 22147-ME, Colombia–Mexico–Venezuela Country Management Unit, Latin America and the Caribbean Region, 21 May 2001. 54. Morrow, ‘Mexico: Country Assistance Evaluation’. 55. Ibid., p. iii. 56. ‘Memorandum to the Executive Directors and the President’, 28 June 2001, in Morrow, ‘Mexico: Country Assistance Evaluation’. 57. World Bank, ‘Memorandum of the President of the International Bank for Reconstruction and Development and International Finance Corporation to the Executive Directors on a Country Assistance Strategy of the World Bank Group for the United Mexican States’, p. 1, emphasis added. 58. Ibid., pp. 43–50. 59. Ibid., p. 22, emphasis added. 60. Official Diary, Poder Ejecutivo Secretaría de Relaciones Exteriores, 6 December 2001. 61. Gillette Hall (Lead Researcher), Estrategia Desarrollo de los Estados del Sur de México, Vols. I and II (World Bank, 2003). 62. ‘México necesita combatir la pobreza en el sur para consolidar su prosperidad económica’, World Bank press release, No. 2004/012/MEX, 25 September 2003. 63. Olivier Lafourcade cited in ‘World Bank Team Offers Policy Menu’, http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/LACEXT/MEXICOEXTN/0,,contentMDK:20018971∼menuPK:338416∼pagePK:141137∼piPK:141127∼theSitePK:338397,00.html (accessed on 31 January 2005). 64. The term ‘official’ here refers to those unions that were given privileged political access to state resources under the PRI and, as a result, were able to broaden membership and defeat their adversaries within the labour movement. The dominant position of these ‘state-corporatist’ unions remained unchallenged until the 1980s and the onset of neoliberal restructuring. 65. Lächler, ‘Mexico: Enhancing Factor Productivity Growth’, pp. 91–2; Graciela Bensusán, ‘A New Scenario for Mexican Trade Unions: Changes in the Structure of Political and Economic Opportunities’, in Kevin J. Middlebrook (ed.), Dilemmas of Political Change in Mexico (Institute of Latin American Studies and Center for US–Mexican Studies, 2004), pp. 261–5; see also James G. Samstad, ‘Corporatism and Democratic Transition: State and Labor During the Salinas and Zedillo Administrations’, Latin American Politics and Society, Vol. 44, No. 4 (2002), pp. 1–28. 66. Giugale, ‘A Comprehensive Development Agenda for the New Era’, p. 15. 67. Maloney, with Lopez-Acevedo & Revenga, ‘Labor Markets’, p. 513, emphasis added. 68. This follows the typology of Mexican labour unions in Bensusán, ‘A New Scenario’, pp. 237–85. Bensusán's third type is ‘movement unionism’, which refers to those unions that are insistent about their opposition to neoliberalism and openly seek to challenge the state. 69. Abascal was quoted as follows in La Jornada, 26 May 2001: ‘In effect, there is a shared vision about the necessity to modernize labor legislation. We are in agreement with the modernization of this legislation, but we are in agreement with everyone: national and international investors, the World Bank, and workers. Everyone is in agreement because it is necessary to do it’ (my translation). 70. Kevin J. Middlebrook, ‘Mexico's Democratic Transitions: Dynamics and Prospects’, in Kevin J. Middlebrook (ed), Dilemmas of Political Change in Mexico (Institute of Latin American Studies and Center for US–Mexican Studies, 2004), p. 36. The UNT stress in their counter-proposal for labour reform that ‘the choice is not flexibility versus justice’, and neither is it between ‘productivity and the profit of the firm versus the rights of workers’ – see Unión Nacional de Trabajadores, ‘Por un Nueva Ley Federal del Trabajo para la reestructuración productiva y la transición democrática’, Trabajadores, No. 30 (2002), my translation. The compulsion to make this clear testifies to the extent of the UNT's suspicion as regards the Fox government's for labour The the state to to workers is that which from being market not that which from or Mexico Labor and a of the Mexico Labor the United and the Center of the See ‘Por un Nueva Ley Federal del Trabajo para la reestructuración productiva y la transición Secretaría de y Programa Nacional de del Desarrollo, (Secretaría de y 2002). World Bank, Country Economic and for Report Mexico and Country Management Unit, Latin America and the Caribbean Region, 30 July 2002, p. 16. See Ramos de and in Policy The First of Vicente Center for International Development at University No. 2001). Fox his efforts at public support a and the on on two in See Ramos de pp. the for reform was the of in the form of a ‘The New Public Jornada, 28 March 2001). For a of see Secretaría de y First of and of the Financial Reforms’, 7 May 2001. See ‘The Political of in Mexico’, in and S. (eds), and in Latin America University Press, pp. The term was by Guillermo with reference to the of in and Carlos in A key of these was the in which ‘the the of a the of the & Latin America 2003), p. the between Fox and do not here for et al., out that their as for their own to the of the of and to policy in a by market (p. have Fox with to his own the has an of in the see Camp, Politics in p. ‘a study of the that the on a of the time with for Fox has had an with prominent and and de de had a with Carlos which Fox had to a that the of Guanajuato in Fox's to for president his de as to the and his of his with the See Mexico: as It Vol. No. (2002), pp. For Fox had to at the that the reforms would further of a to the during meetings a See La Jornada, 14 December 2000 and 21 December La Jornada, 6 April 2001. La Jornada, April 2001. During 2002, a reform to the development the Federal of and to Public a reform to the of the and the of the See Secretaría de y ‘The Executive to the Economic for had been a of the Grupo San Angel with Fox and had public of support for the government July 2003). and Mexico & Report, January ‘The of Vicente Fox is ‘the president will to in Los but be changes from his like other but be a political in July 2003). The a Years: The and Fox as a somewhat of an 2003). See Nacional a la y de los de la Nacional de México, 2004). as to the number of to the Ministry for the there were 28 2003), there were Labor & 2003). Mexico Labor & December and La Jornada, December 2003. in December 2003. quoted in March For a further of the of reform under Fox, see ‘The of The Political Economy of Reform in Mexico’, Capital & Class, No. pp. La Jornada, December See, for example, World Bank, ‘Memorandum of the President of the International Bank for Reconstruction and Development and International Finance Corporation to the Executive Directors on a Country Assistance Strategy of the World Bank Group in with the United Mexican States’, Report Colombia and Mexico Country Management Unit, Latin America and the Caribbean Region, April and M. at an Vol. No. 1 (2004), pp. but other example, the on the Strategy key for growth within the the of barriers to the climate for and labour See the The for growth and Report from the Group by for Official of the 2004).

This article aims to introduce in the scientific debate on the future of EU labour law and its relationship with human and fundamental rights, a redefinition of the collective labour rights in terms of ‘collective labour freedoms’. This redefinition is undertaken in different steps and initiates from the so-called ‘Laval doctrine’ that has emancipated the economic freedoms (mainly referred to as the freedoms of the employers) from the social rights (mainly referred to as the rights of workers and trade unions): collective labour freedoms do not question the outcome of the balance struck by the CJEU but the possibility of balancing per se. In order to do so, this contribution proposes a different methodology that synthesises a socio-historical analysis of social rights as materially considered and acted by social partners with a positive reading of fundamental charters and constitutions in which the freedom of association, the right to collective bargaining and industrial action are recognised as tools to regulate the interests of a social and economic nature (in form of an inseparable hendiadys) pursued by both sides of the labour market, employers and employees. Collective labour freedoms underline the inherent economic nature of labour law and, in line with the theoretical framework (but opposite in terms of political goals) with the German ordoliberals, they do not deny the freedom of market; moreover, they are valuable entitlements to achieve the social market economy as enshrined in Art. 3(3) of TEU. The article finally presents a possible outcome of the proposed methodology with an example taken from a pivotal case from the Italian Supreme Court on the limits to the exercise of the right to strike in non-standard forms.

This chapter summarizes Mexico's questions concerning de jure discrimination prejudicial to labor rights of undocumented migrant workers. It then analyzes leading cases of de jure discrimination in U.S. domestic remedies for undocumented migrant workers- Sure-Tan v. National Labor Relations Board and Hoffman -as well as the intervening Immigration Reform and Control Act of 1986. The chapter then considers the state of applicable international law prior to the Court's Advisory Opinion: (1) Fundamental international labor rights of all workers, including undocumented workers. (2) Treaties specifically protecting undocumented workers, but only in a relatively few states parties. (3) Whether discrimination against migrant workers, based on their undocumented status, was limited by international norms of equality and non-discrimination. (4) Whether denial of certain remedies for undocumented workers violated their internationally protected rights. (5) The progressive development of the internationally protected rights of migrant workers. (6) Whether norms of equality and non-discrimination are jus cogens . Keywords: court's advisory opinion; de jure discrimination; international law; labor rights; Mexico; non-discrimination; undocumented migrant workers

В даній науковій статті автором розкрито особливості закріплення на міжнародному, регіональному та національному рівнях права на гідний життєвий рівень у державах-членах Європейського Союзу. При цьому, проаналізовано Конвенцію Міжнародної організації праці № 102 про мінімальні норми соціального забезпечення, Європейську соціальну хартію, Європейський кодекс соціального забезпечення, правові акти Європейського Союзу та конституції держав-членів Європейського Союзу. На підставі проведеного аналізу, автор робить висновок про те, що право на гідний рівень життя визначене кількома документами Ради Європи (Європейська соціальна хартія, Європейський кодекс соціального забезпечення) та Європейського Союзу (Хартія про основні права, Хартія про соціальні права працівників), а також багатьма конституціями країн-членів ЄС. Зокрема, на рівні конституцій Бельгії, Італії, Португалії, Швейцарії це право визначене явно, на рівні конституцій Іспанії, Нідерландів, Швеції – визначене як обов’язок держави забезпечити гідний рівень життя для населення, на рівні конституцій Румунії, Словаччини, Словенії, Фінляндії та Хорватії – через право працюючих отримати винагороду за працю, яка дає можливість забезпечити йому та його сім'ї вільне та гідне життя. Конституції інших країн Європейського Союзу, в тому числі: Австрійської республіки, республіки Болгарія, Грецької республіки, королівства Данія, Ірландської республіки, великого герцогства Люксембург, Кіпру, республіки Мальта, Угорщини, Чеської республіки та країн Балтії не визначають прямо право на гідний рівень життя, хоча і говорять про справедливі умови оплати праці і право на соціальний захист у випадку неможливості себе забезпечувати за певних обставин.

Access to justice is a fundamental right of workers stipulated in a set of international, EU and national instruments of law. The lockdowns induced by the Covid-19 pandemic have had double negative impact on the effective enforcement of this right. While pandemic-related lockdowns resulted in an increasing number of labour disputes and dismissals as well as generated novel and difficult questions of labour law, accessibility of legal remedies in Hungary became limited through the (temporary) restrictions concerning the functioning of the judiciary. In parallel, emergency-related amendments of labour law have, on the one hand, supported the survival of undertakings, on the other hand, restricted individual and collective rights of workers. This paper is designed to give a comprehensive view on the endeavours of Hungarian labour courts to guarantee the possibly uninterrupted and safe maintenance of litigation in labour cases.

The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

One of the significant features and characteristics of the 'post Keynesian' shift in the welfare state or settlement is the emergence of 'workfare' as a dominant policy regime. Workfare involves supply side economic and social policy in the management of the unemployed and reserve army of labour. Social benefits are increasingly conditional on the unemployed participating in employment and training programmes. These policies are related to a dominant neo liberal politics whereby the market, including 'employability' and work, is seen as a route out of social exclusion. The thesis explores this theme through a comparison of two diverse welfare systems - the UK and Denmark. Through a comparative analysis, the thesis explores how far workfare is in fact a new 'mode of social regulation' or constitutes just a key element of restructuring of the contemporary welfare state. Two central elements of welfare restructuring are explored. First relates to the decentralisation of policies to different spatial scales: localities, cities and regions. Two case studies are chosen, Sheffield (UK) and Aalborg (OK), to explore the dynamics of spatial resealing of welfare and the politics of geographical uneven development, revealing that the local is a site for innovation and adaptation and as a consequence plays a crucial role in mediating national policy production. Second, as welfare is a social construction, political agency and actors within welfare-work policy regimes such as trade unions, community and social movements are of central importance to contesting and negotiating workfare at different spatial scales, including the locality. The central argument of the thesis is that 'localisation' as such involves the production of new welfare spaces which is inherently contradictory, unstable, prone to crisis and contested. The research argues that an understanding of the role of the 'local' as such is of importance to any assessment of future welfare trajectories.