First Synthesis Report of the DIGILARE (101126503) research project
The DIGILARE project addresses two major challenges related to the digital workplace in its first two coordinates: the personal scope of application of information and consultation rights (WHO) and the question of the applicable law in a cross-border context (WHERE). This first synthesis report of the project presents the results obtained in these two areas after a detailed examination of European Union law, the national legislation of the Member States and the discussions with stakeholders during the firs transnational seminar of the project.
This First Synthesis Report has been prepared by the project co-manager Elisabeth Brameshuber on the basis of the documents prepared by the members of the team Lidia Gil Otero, Christina Schnittler, Michael Doherty and Marie-Cécile Escande-Varniol.
The comparative studies revealed the difficulties of comparing legal labour systems which leave a great deal of collective autonomy to the social Partners (Sweden or Romania) with countries which believe above all in legislative regulation (France). Furthermore, in several countries the scope of application of employees’ information and consultation rights is being extended to economically dependent or solo self-employed workers (Romania). In a cross-border context, it has been concluded that employers are not so concerned about information and consultation rights, but rather about social security and tax issues. ICW rights are also a field of Union law where harmonisation hardly exist. Whereas conflict of law rules exist on social security issues or on issues related to the individual employment contract, there is a legal lacuna as regards ICW rights in a transnational context.