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Published 7 October 2005

Research Programme HSI

An abstract in English of the HSI Research Programme. 

In brief, the central question reads as follows:

How far has employment law shifted from protection to arrangement, and what are the consequences for employment law, employment law as a discipline and employment relations?

Within the programme there are four levels of research.

The first is the conceptual level.  Above the shift from protection to arrangement has been discussed in detail, illustrated by many examples.  Do those examples warrant the conclusion that an actual shift is occurring?  Previously it has been said that arrangement exceeds arrangement of the market and is not synonymous with market mechanisms.  The concept of arrangement has been operationalised but not specified.  At this level we study the previously formulated principles in more detail and seek to explore the theoretical aspects of the central question in greater depth.

The second level is that of the common principle: which elements of collective employment law of different countries are comparable and what conclusions can be drawn from this?  This level corresponds with research into the elements of good practices or codes of conduct generated by self-regulation.  Again the question applies whether this can be used to regulate the changes initiated by internationalisation and globalisation.

The third level is the level of employment law as a discipline in relation to other areas of law.  The relationship between employment law of the one hand and other areas of law such as corporate law, securities law and competition law of the other is frequently obscure: they seem to deny each other's existence.  We aim at bringing clarity.

The fourth level is that of employment law proper.  Previously the choice in favour of the emphasis on international and collective has been explained.  The social changes described should be absorbed into statutory regulations on employee participation and the creation of collective terms of employment.  The question is how that can be done best.  The choice in favour of internationally oriented research means that this question is approached by the consideration of international rules and comparative law, which will build a strong connection with the second level.

Source: HSI