Conference Agenda

The case law of the European Court of Human Rights on the right to strike has a long and contradictory history. It has ranged from a complete denial of international protection of this right to its full recognition and, back again, to subsequent restrictions.

What reasoning concerning the principle of proportionality has the Court used to justify these contradictory approaches?

Classical studies in this area try to find a certain legal standard that the Court uses or that, according to the authors, should follow, because of the text of the European Convention and the norms of international law. However, critical structuralism allows us to look at this problem from a different angle.

With the help of this approach, we find two contradictory models of argumentation in the practice of the European Court. The value approach, associated with the presence in the text of the Convention of a certain set of subjective rights, that should be covered by the international protection, according to their very nature. And the approach based on economic rationality, which tries to mathematically compare economic costs and benefits for society.

These two approaches are not only simultaneously and quite arbitrarily used by the European Court, but also represent a closed logical structure from which it is impossible to find a way out, relying only on the usual ways of interpreting the text of legal norms, on legal language.

This approach to the analysis of the problem of the right to strike in the European system of human rights protection, on the one hand, allows us to show the full diversity of possible legal arguments, and on the other hand, the absence of a solution within the law to the problem of the admissibility of a strike in each specific case.

Labour law reforms implemented during periods of austerity often have profound implications for economic and social inequalities. International Labour Standards (ILS) and Human Rights instruments provide invaluable guidance on how to protect the most vulnerable as often illustrated in the comments of the respective supervisory and monitoring bodies.

The study will consist in two parts and employ a multidisciplinary approach drawing on secondary sources. The first part will examine the historical effect of austerity-driven labour law reforms on income disparities, job security, and social protections and how these are correlated with exacerbated inequalities in the medium and long term. The assumption is that overall, austerity-driven labour law reforms reinforce inequalities independently of whether their main objective i.e., higher GDP growth and reduced fiscal deficits, is achieved.

In particular, the study will aim to assess the short, medium and long-term effects of selected reforms introduced in the aftermath of the 2008 financial crisis and the COVID-19 pandemic in the form of deregulation, wage suppression, changes in employment protection legislation and reduced social benefits, vis-à-vis a correlated increase in inequalities as reflected in widening wage differentials, notably by gender, and the development of dual labour markets, with scarcer secure employment and rising precarious, low-paid jobs. The paper will also attempt to illustrate the disruptive effect of labour market flexibilization and social inequalities on social cohesion with emphasis on groups already facing structural disadvantages such as women, youth, persons with disabilities, migrant workers, etc.

The second part will explore policy alternatives suggested by ILO supervisory bodies and UN human rights mechanisms. These draw on ILS and human rights in order to preserve social equity, notably through social dialogue, active labour market policies, fair wage-setting mechanisms and social protection floors. An overall policy suggestion emerging from the paper may be that policymakers should consider equity-focused labour market strategies that support both economic recovery and social justice through adequate social safeguards and tools such as ex ante impact assessments of labour market reforms, introduction of universal social protection, including sustainable financing mechanisms, support for social dialogue and collective bargaining, and ringfencing minimum social rights. Experiences from field projects in these areas will be shared .

The paper aims at addressing a research gap by emphasizing the contribution that international law, in the form of ILS and human rights, can make to the realisation of the 2030 Agenda, social justice and a human rights economy.

This paper introduces the third edition of the Labour Rights Index (LRI), comparing labour legislation in 145 countries against 10 indicators (46 sub-indicators) derived from UN Conventions and ILO instruments and rooted in the ILO’s Decent Work Agenda. It follows an employment life cycle approach and evaluates countries along ten indicators - fair wages, decent work hours, employment security, family responsibilities, maternity at work, safe work, social security, fair treatment, child and forced labour, and trade unions.

The 2024 Labour Rights Index is a testament to the progress in labour legislation worldwide. More and more countries are aligning their laws with international standards with technical assistance from the ILO, a clear march to the top instead of a widely claimed race to the bottom.

The index does not measure the countries against some gold-plated or utopian standards. The indicators represent the minimum working conditions the world has already agreed upon by adopting these ILO instruments and UN conventions/ covenants. The Index analyses all labour legislation, ranging from minimum wage laws and employment protection laws to social security legislation and fundamental principles and rights at work legislation to the laws supporting work-life balance.

The index also aims to actively contribute to the SDGs by providing necessary (complementary) insights into de jure provisions on issues covered, in particular, by SDG 8 (decent work and economic growth), SDG 5 (Gender Equality), SDG 8 (Decent Jobs), SDG 10 (Reduced Inequalities), and SDG 16 (Strong Institutions).

The key takeaways from the last three editions of the Index (2020-24) are:

1. Regulatory frameworks alone are not enough. The newly released B-Ready report by the World Bank clearly shows a considerable gap between the de jure labour law (in the form of regulatory frameworks) and state institutions' provision of public services. However, the critical question is that these frameworks must also be consistent with international labour standards. The Labour Rights Index is the only de-jure index that analyses compliance of a country’s labour laws with international labour standards.

2. The abundance of labour legislation does not mean labour rights are protected. Pakistan has more than 40 pieces of labour legislation, with an overall index score of 53.5, the second lowest in South Asia.

3. A country does not have to be rich to protect workers’ rights. The index identifies many trailblazers with relatively high Index scores from low-income and lower-middle-income countries.

The October 2023 Gaza war has profoundly impacted Palestine's labour market, intensifying pre-existing challenges and creating new barriers to implementing labour law reforms across Gaza and the West Bank. Even prior to the conflict, unemployment rates were alarmingly high, with 25% in the West Bank and 47% in Gaza, while youth unemployment soared to 63% in Gaza and 41% in the West Bank. Post-war, these rates have escalated further as widespread destruction—such as the obliteration of over 80% of housing units in Gaza—and the halting of major economic activities displaced thousands. Informal workers, who make up over 50% of the Palestinian workforce, remain particularly vulnerable due to their lack of job security, social protections, and stable incomes.

In the West Bank, economic stagnation has worsened due to increased political instability, restricted access to resources, and escalated Israeli incursions. The Palestinian Labour Law No. 7 of 2000, already inadequate in addressing the needs of informal workers, women, and youth, is ill-suited to cope with these compounded challenges. Institutional weaknesses, such as outdated enforcement mechanisms and insufficient labour inspection systems, further hinder reform efforts. In Gaza, the collapse of judicial and administrative institutions has rendered labour law enforcement nearly impossible, while political divisions between the Palestinian Authority and Hamas exacerbate inefficiencies. Gender disparities have also deepened, with female labour force participation dropping below 19%, as many women are forced out of the workforce due to caregiving responsibilities and displacement. This research aims to investigate the institutional and political barriers hindering labour law reforms in Palestine's post-war context. By employing a mixed-methods approach, the study integrates quantitative data on unemployment trends, wage impacts, and sector-specific dynamics with qualitative insights from interviews and focus groups involving policymakers, labour unions, employers, and informal workers. The goal is to provide actionable recommendations to create a more equitable and inclusive labour market for all, including informal workers. Policy implications emphasize rebuilding institutional capacity, enhancing enforcement mechanisms, and integrating inclusive labour policies to address vulnerabilities. Measures such as prioritizing social protection for informal workers, fostering public-private partnerships, and promoting gender equity are essential for long-term stability. Addressing these issues holistically will ensure that Palestine's labour market can recover sustainably while supporting its most marginalized populations.

Introduction

As the European Union has been making efforts to address inequalities occurring in temporary labour migration through reforms of its framework on the posting of workers, hypermobile intra-EU truckdrivers constitute a special category. These workers are difficult to pin down as they are regularly crossing the territory of numerous Member States. In the Netherlands, trade unions and media regularly report breaches of national and EU legislation and describe poor working conditions of truckdrivers originating from Eastern Europe.

Research question(s)

This research aims to assess the effectiveness of the (EU) rules regulating labour in the road transportation sector using empirical evidence. To this end, a case study gathering first-hand experiences of truckdrivers passing through the Netherlands was conducted with a special focus on evaluating working standards and access to justice.

Methodology

This is qualitative project which employed the case study methodology focusing on the working conditions of truckdrivers crossing the territory of the Netherlands. Data was collected from multiple sources, including caselaw, media, ethnographic observation, and interviews. The research team accompanied by interpreters accessed participants by using a campervan and stationing at popular parking lots across the Netherlands. 32 qualitative interviews were carried out with truckdrivers (both EU and non-EU nationals), the majority of whom originated from Eastern Europe, including Poland, Hungary, Romania, and Ukraine.

Contribution to Literature

While up-to-date empirical data on temporary labour migration in the EU is overall scarce, truckdrivers are a particularly elusive category of workers due to the hypermobile nature of their work. Thanks to the unique methodology, this research, for the first time in academic literature, gives voice to those employed in the international road transport sector. It sheds light on how these workers perceive their working conditions and to what extent EU labour law reforms regarding road transport impact their well-being.

Findings

Contrary to the Dutch media and trade union reports, the majority of interviewed truckdrivers had positive experiences of working in the international road transport sector. Their main concern were sanitary conditions at parking lots across the Netherlands. However, this research reveals that those interviewees who had experienced breaches of law and/or contract, had virtually no hope of accessing appropriate remedies regardless of whether they were EU citizens or not. We argue that due to the hypermobile nature of their work which causes private international issues with lex fori, in the eyes of justice these workers are stateless.