劳动法面临的挑战

Wolfgang Däubler
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引用次数: 3

摘要

本文特别参照德国的经验论述了劳动法面临的三个主要挑战。世界范围的市场促使企业重新安置其生产并降低本国的劳动力成本。在德国,发展了一种对工人施加压力的相当间接的方法;应对措施很少,并没有真正改变这种局面。TTIP和CETA将使情况恶化,因为在社会和环境问题上的国家主权将逐渐消失。第二个挑战来自工人之间以及整个社会存在的不平等。一边是非常富有的人,另一边是越来越穷的人。劳工法尚未发展出实现工人之间更多平等的工具,但讨论了一些想法。第三个挑战是许多活动的数字化;他们不再局限于一天中的特定时间或特定地点。在任何时间、任何地点工作的“自由”意味着很长的工作时间、夜间工作和周日工作。关于工作时间的法律规定越来越显得重要。一个解决方案可以是工人代表有权讨论分配给个别工人的任务,但本文也研究了其他方法。互联网使众工成为可能——这是一种目前未被劳动法涵盖的新工作形式。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CHALLENGES TO LABOUR LAW
The article deals with three main challenges to labour law referring especially to the German experience. The world-wide market induced enterprises to relocate their production and to reduce labour costs at home. In Germany, a quite indirect way of exercising pressure on the workers was developed; counter-measures were rare and did not really change the situation. TTIP and CETA will worsen the situation because national sovereignty in social and environmental questions will fade away. The second challenge comes from inequality existing among workers as well as in society as a whole. There is a scission between very wealthy people on one side and people becoming poorer and poorer on the other side. Labour law has not yet developed the instruments to realize more equality among workers but some ideas are discussed. The third challenge is the digitalisation of many activities; they are no more bound to certain places or certain times of the day. The “freedom” to work at any moment and at any place entails very long working hours, work at night and work on Sundays. Legal rules on working time lose more and more there importance. A solution can be the right of workers´ representatives to discuss the tasks given to individual workers, but other means are examined in the article, too. The internet makes crowdworking possible – a new form of work which is currently not covered by labour law.
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