Ficha de revisão: 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

Item	Key Features	Notes / Differences
Civil Law Countries	Civil codes, focus on freedom of contract, hierarchical norms	Strong statutory protections, non-derogable norms
Common Law Countries	Statutes + case law, flexible, judicial interpretation	Less hierarchy, reliance on judicial development
Collective Agreements	Sectoral or enterprise-level, binding, cannot go below law	Recent trend toward enterprise agreements
ILO Norms	Conventions and recommendations, tripartite, influence laws	Binding when ratified, soft law otherwise
EU Law	Directives, regulations, harmonization efforts	Balances sovereignty and integration

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.

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