Bulletin of Comparative Labour Relations – 65

 

THE GLOBAL LABOUR MARKET

 

LEARNING FROM EACH OTHER

 

The Marco Biagi Conference

 

(Modena, 2007)

 

Editor

 

Roger Blanpain

 

Guest Editor

 

Michele Tiraboschi

 

Contributors

 

Pablo Arellano Ortiz

Robert Arnkil

Henrik Bäckström

Aviad Bar-Haim

Susan Bisom-Rapp

Roger Blanpain

Alex de Ruyter

Germana Di Domenico

Laszlo Dux

Regina Konle-Seidl

Olusegun Oladeinde

Marius Olivier

Francesco Pastore

Daiva Petrylaite

Riani Rachmawati

Ekaterina Ribarova

Olga Rymkevitch

Leonardo Sforza

Dagmara Skupien

Michele Tiraboschi

Hiroaki Richard Watanabe

Stefan Zagelmeyer

Michael J. Zimmer

 

2008



 

Table of contents

 

Notes on contributors

 

Introductory remarks: commemorating Marco Biagi

Michele Tiraboschi

 

I.          GLOBALISATION

1.         The end of labour law?

Roger Blanpain

2.         The end of labour law in the global workplace context?  A South and Southern African response

Marius Olivier

3.         Global capitalism and rise of non-standard employment: challenges to industrial relations practice

Olusegun O. Oladeinde

4.         Decent work with a living wage

Michael J. Zimmer

5.         Joblessness as a major challenge for Public Employment Services: Country reports from Germany, Italy and Finland

Robert Arnkil, Germana Di Domenico, Regina Konle-Seidl

6.         The role of regional organisations in the protection of migrant workers’ rights

Laszlo Dux

7.         Multinationals and Unionism in Indonesia: Case studies in two multinationals in Indonesia

Riani Rachwati and Alex de Ruyter

 

II.         HUMAN RESOURCES MANAGEMENT

8.         Globalisation and Human Resource Management: a quantitative analysis with British establishment-level data

Stefan Zagelmeyer

9.         Practices of human resource management and perceived organisational growth

Aviad Bar-Haim

10.       Trends and perspectives on the human resource function in Europe emerging from the 2nd Pan-European HR Barometer

Leonardo Sforza

11.       Outsourcing of labour and promotion of human capital: two irreconcilable models?  Reflections on the Italian case

Michele Tiraboschi

 

III.        FLEXICURITY

12.       Beyond flexicurity in Sweden?

Henrik Bäckström

13.       Employment and education policy for young people in the EU.  What can new Member States learn from old Member States?

Francesco Pastore

14.       Politics of labour market deregulation in Italy and Japan since the 1990s

Hiroaki Richard Watanabe

15        Prospects for the regulation of temporary agency work at EU level

Olga Rymkevitch

 

IV.       EQUAL TREATMENT

16.       Globalisation, equality and non-discrimination; an interdisciplinary perspective from the US on diversity programming

Susan Bisom-Rapp

 

V.        INVOLVEMENT OF EMPLOYEES

17.       The workforce involvement in the labour market in Bulgaria: which is the way after accession to the EU?

Ekaterina Ribarova

18.       The right of civil servants to collective bargaining: the case of Lithuania

Daiva Petrylaite

19.       The influence of European Union Law on Employees’ Involvement in Poland

Dagmara Skupien

 

VI.       SOCIAL SECURITY

20.       The private pensions system.  Critique study based on the Chilean case.

Pablo Arellano Ortiz

 


 

Notes on contributors

 

Pablo Arellano Ortiz, Ph.D. candidate at Université de Paris 10, Nanterre, France; Master 2 Recherche en Droit Social at University of Paris II Pantheon-Assas, France; Lawyer, University of Concepcion, Chile

Robert Arnkil, Work Research Centre, Tampere University, Finland

Henrik Bäckström, Associate Professor, Swedish National Institute for Working Life

Aviad Bar-Haim, Head of the Management and Economics Department, Open University of Israel

Susan Bisom-Rapp, Professor of Law and Director, Center for Law and Social Justice, Thomas Jefferson School of Law, USA

Roger Blanpain, Professor, Universities of KUBrussel, Hasselt, Leuven, Modena and Tilburg, Honorary President of the International Society of Labour and Social Security Law

Alex de Ruyter, Lecturer, University of Birmingham, Business School, United Kingdom

Germana Di Domenico, Researcher, ISFOL and University of Rome “Tor Vergata”, Italy

Laszlo Dux, Assistant lecturer, University of Szeged, Faculty of Law, Department of Labour and Social Security Law, Hungary

Regina Konle-Seidl, Institut für Arbeitsmarkt- und Berufsforschung, Nürnberg, Germany

Olusegun Oladeinde, doctoral student, Department of Sociology, Rhodes University, South Africa

Marius Olivier, Director of the Centre for International and Comparative Labour and Social Security Law (CICLASS), University of Johannesburg, South Africa

Francesco Pastore, Researcher, Seconda Università di Napoli and IZA Bonn

Daiva Petrylaite, Associate Professor, Labour Law Department, Vilnius University, Lithuania

Riani Rachmawati, PhD Candidate, University of Birmingham, Business School, United Kingdom

Ekaterina Ribarova, Executive Secretary, Confederation of the Independent Trade Unions in Bulgaria

Olga Rymkevitch, Researcher at the Marco Biagi Centre for International and Comparative Studies, University of Modena and Reggio Emilia, Italy

Leonardo Sforza, Head of Research for Europe and EU Relations, Hewitt Associates

Dagmara Skupien, University of Lodz, Faculty of Law and Administration, Poland

Michele Tiraboschi, Researcher at the Marco Biagi Centre for International and Comparative Studies, University of Modena and Reggio Emilia, Italy

Hiroaki Richard Watanabe, University of Oxford, Oriental Institute, United Kingdom

Stefan Zagelmeyer, Professor of Human Resource Management at the Cologne Business School, Germany

Michael J. Zimmer, Professor of Law, Seton Hall Law School, USA

 



 

Introductory Remarks: Commemorating Marco Biagi

 

On many occasions since the unspeakable terrorist attack in which Marco Biagi was assassinated on 19 March 2002, we have underlined the importance of continuing to commemorate him with dedication and determination. And on many occasions in the five long years since Marco’s life was taken from him, we have seen that many people have had the strength and determination to stand up in his name, both through their academic work and teaching, and in designing projects in the service of institutions and civil society, while refusing to be intimidated by the threats and mindless violence of terrorism.

It is thanks to these people – truly numerous, starting from the young researchers and the members of the Academic Advisory Board of the School for Advanced Studies of ADAPT and the Marco Biagi Foundation at the University of Modena and Reggio Emilia – that it has been possible to conserve the wealth of ideas and projects, but also the particular working method inherited from Marco. And thanks to these people a school of thought has taken shape, associated with the name of Marco Biagi, that believes in and is working towards a new culture of labour and industrial relations. A school of thought that is open to interdisciplinary and comparative study and which, while respecting pluralism and the diversity of ideas and beliefs, advocates by means of dialogue and the strength of ideas the profound reasons for renewal, in an awareness that the future belongs to the whole of society, and for this reason has to be constructed in a dimension that is as inclusive and participatory as possible.

It is in this perspective and spirit of constructive dialogue that last March the School for Advanced Studies in Industrial and Labour Relations of ADAPT and the Marco Biagi Foundation (www.fmb.unimore.it) organised an international conference in commemoration of Prof. Marco Biagi entitled The Global Workplace: learning from each other. This conference, for the first time in five years, provided an opportunity not just for Marco’s loyal, generous and long-standing friends, including Janice Bellace, Roger Blanpain, Luigi Mariucci, Alan Neal, Jacques Rojot, Yasuo Suwa, Tiziano Treu and Manfred Weiss (to name but a few) to join us, but also for new friends and colleagues, including many young scholars, from different parts of the world, as shown by the papers included in this issue, that Roger Blanpain generously offered to host, with the language editing carried out as usual by our valued friend and colleague, William Bromwich.

The consolidation also at an international level of this School of Advanced Studies promoted by the Biagi family and by a prestigious institution such as the University of Modena and Reggio Emilia, founded in 1175, provides a stimulus to continue in this direction. Marco Biagi dedicated a great deal of time and energy to promoting a school of thought for the dissemination of a new culture of work and industrial relations. Such an ambitious and courageous project could not be carried forward by one person alone, and of this Marco was well aware. For this reason, especially in the latter years, he dedicated himself with youthful enthusiasm and energy to the construction of an international and comparative research centre in order to provide a forum for dialogue, in the service of what he called “the project”, between the leading schools of labour law not just of Europe but also the United States, Canada and Japan.

 

This project continues to develop and it has been strengthened in recent years by the Foundation named after him set up in 2003 at the initiative of the Biagi family and the University of Modena and Reggio Emilia. In the space of a few years the Foundation has become an internationally recognised centre of excellence for research and advanced-level teaching in labour and industrial relations. Otherwise it would be hard to explain its force of attraction for students and faculty members from all round the world, not to mention its ability, in line with best practice in other countries, to attract considerable amounts of private funding aimed at selecting and training future leaders for our country by means of innovative forms of advanced study and partnership with the world of enterprise, including an international Doctoral Research School, that distinguishes itself in the international panorama in terms of the number and qualifications of its research students. In addition, the School runs a second-level degree in labour relations and numerous masters’ programmes in the form of apprenticeship schemes in which students are hired by enterprises with a view to taking part in further training.

 

Clearly in Italy and other parts of the world there are many institutions of higher education that focus on the fascinating area of human relations that is labour and industrial relations. The added value of the programmes run by the School for Advanced Studies of the Marco Biagi Foundation consists of the method adopted, or rather inherited from Marco Biagi’s teachings. This is a highly innovative approach at least in the Italian context, as it takes its inspiration from the interdisciplinary and comparative dimension of labour relations, and as it is characterised by the strong motivation and sense of belonging linking the faculty members, researchers, external consultants, students (past, present and future) of the School. The researchers, lecturers and young scholars at the School for Advanced Studies in Industrial and Labour Relations of the Marco Biagi Foundation, though coming from all parts of the world, all speak a common language characterised by a passion and determination to improve their skills and competences and to help and support each other. And in this way Marco continues to speak to us...

 

Michele Tiraboschi

 

October 2007