Revision sheet: Fundamentals of Labour Law

Labour Law (Individual Relations) - Exam Revision Sheet

1. 📌 Essentials

• Labour law regulates individual employment relationships, balancing employer control and worker protections.
• Originated during the Industrial Revolution, emphasizing social and economic shifts.
• Main sources include constitutions, statutes, collective agreements, case law, and supranational norms.
• Civil law countries rely on civil codes; common law countries emphasize statutes and case law.
• Collective agreements are but cannot undermine legal minimums.
• ILO conventions and EU directives influence national labour laws.
• Contractualisation trend shifts focus from relational to contractual employment.
• Post-WWII model emphasized full-time, permanent male workers; digital era introduces.
• Hierarchical sources: labour codes (Europe) vs. collective bargaining (UK).
• Labour law's evolution reflects changing work forms, from slavery to platform work.

2. 🧩 Key Structures & Components

• Constitution — guarantees fundamental rights, union freedoms, and social protections.
• Labour Codes / Statutes — detailed rules on employment, safety, hours, and wages.
• Collective Agreements — negotiated sectoral or enterprise-level employment conditions.
• Case Law — judicial interpretation shaping employment concepts.
• ILO Standards — conventions and recommendations influencing domestic laws.
• EU Directives & Regulations — harmonize labour rights across member states.
• Employment Contract — formalizes employment but coexists with relational elements.
• Employment Relationship — complex, includes contractual, social, and normative aspects.

3. 🔬 Functions, Mechanisms & Relationships

• Hierarchy of sources: Constitution → Labour codes/statutes → Collective agreements → Case law → Supranational norms.
• Subordination: Employment is characterized by employer control over worker.
• Contractual vs. Relational: Contracts formalize but do not fully define employment; mutual obligations and social roles are core.
• Legal protections: Minimum standards set by law; collective agreements often enhance these.
• Influence flow: International norms (ILO, EU) shape national legislation; national laws interpret and implement.
• System differences: Continental Europe emphasizes statutory protections; UK relies on collective bargaining.
• Contractualisation: Increasing reliance on contracts reduces relational/employment roles, risking erosion of normative protections.

4. Comparative Table

5. 🗂️ Hierarchical Diagram

Labour Law System
 ├─ Constitution
 │    ├─ Fundamental rights
 │    └─ Union freedoms
 ├─ Labour Codes / Statutes
 │    ├─ Employment rules
 │    ├─ Safety & health
 │    └─ Wages & hours
 ├─ Collective Agreements
 │    ├─ Sectoral or enterprise
 │    └─ Cannot undermine legal minima
 ├─ Case Law
 │    ├─ Interpretation of employment concepts
 │    └─ Development of legal principles
 └─ Supranational Norms
      ├─ ILO conventions
      └─ EU directives

6. ⚠️ High-Yield Pitfalls & Confusions

• Confusing employment contract with employment relationship; contracts formalize but do not fully define.
• Overlooking the importance of social and normative elements beyond contractual terms.
• Assuming all collective agreements can derogate from law; they cannot undermine minimum standards.
• Misunderstanding the hierarchical nature of legal sources in civil vs. common law systems.
• Ignoring the influence of international norms (ILO, EU) on national laws.
• Overestimating the contractualisation trend; relational/employment aspects still vital.
• Confusing the scope of EU directives with national law; directives require transposition.
• Misinterpreting the role of case law as merely interpretative; it also shapes legal doctrine.

7. ✅ Final Exam Checklist

• Know the origins of labour law from the Industrial Revolution.
• Identify main sources: constitution, statutes, collective agreements, case law, supranational norms.
• Differentiate civil law vs. common law approaches.
• Understand the hierarchy of norms in European and Anglo-Saxon systems.
• Recognize the role of collective agreements and their limitations.
• Explain the influence of ILO and EU standards.
• Describe the shift from relational to contractual employment.
• Distinguish between employment contract and employment relationship.
• Be aware of the hierarchical structure of labour law sources.
• Understand the impact of globalization and digital work on traditional protections.
• Know key concepts: subordination, social rights, normative protections.
• Recognize pitfalls in interpreting employment law concepts.
• Be familiar with the hierarchical diagram of labour law sources.
• Remember the importance of social, normative, and contractual elements in employment relations.

---