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Research

The position of employment law within legal framework

AIAS-HSI

This main topic takes a clear legal approach. While labour and employment are affected directly by the rules of private law and public law, they are also influenced by other areas of the law. Essentially, this key topic looks at how other legal themes relate to employment law, or a specific element of employment law. For example, corporate law and employment law have existed side by side for decades; occasionally they clash, for instance on matters such as how the legal position of board members should be regulated and how employment within a group should work. Other examples include bankruptcy law (relaunches and pre-packs), competition law (prohibition on cartels vs. orderly and stable labour relations) and financial law (remuneration). A common theme is that lack of forethought in the relationship between employment law and other areas of the law gives rise to dogmatic and practical issues.

At the same time, however, other areas of the law also offer opportunities: for example, corporate law offers structures that can be used for regulating labour in situations where the worker does not have an employment contract, such as cooperatives and other forms of association. In bankruptcy law, the bankruptcy trustee can make arrangements about jobs with potential candidates for a relaunch. The search for solutions to problems (whether real or imagined) should not be limited to employment law alone, but should also consider those other areas – now more than ever before, perhaps. Increasing numbers of relevant instruments exist outside employment law, and the possibilities have also become more diffuse. To research these issues, it is vital to consider what instruments those other areas of the law offer, and how they can be utilised to properly reflect preferences for shaping employment relationships, both in the near future and beyond.The possibilities for potential research are extremely varied.