Category Archives: Marco Biagi Award

Announcement: Marco Biagi Award 2017 Winner

Marco Biagi Award 2017: Winner is Dr. Nicolas Bueno, Visiting Fellow from the London School of Economics

The IALLJ is honoured to announce Dr. Nicolas Bueno (Visiting Fellow, London School of Economics) as winner of the 2017 Marco Biagi Award with his paper “From the right to work to the freedom from work”.

The IALLJ assessment committee of the 2017 Marco Biagi Award was composed of the following professors: Alan Neal (University of Warwick), Frank Hendrickx (University of Leuven), Joaquin Aparicio (University of Castilla-La Mancha), György Kiss (University of Pécs).

Call for Papers for the 2017 Marco Biagi Conference

unimore-logo fondazione-marco-biagi

DIGITAL AND SMART WORK

Fifteenth International Conference in Commemoration of Professor Marco Biagi

Modena, Marco Biagi Foundation, 20-21 March 2017

marco-biagi-2017-call-for-papers Marco Biagi Conference 2017 – Call for Papers

“Digitalization” is one of the catchwords used to define the changes resulting from the application of IT to business models, productive processes and work organization. Related expressions in this regard are the “gig-economy”, the “platform economy” and “Industry 4.0”, to name but a few. Whereas Industry 4.0 has been explained in policy-making as the comprehensive transformation of the whole sphere of industrial production through the merging of digital technology and the internet with conventional industry, the gig economy alludes to specific forms of performance of services, known as “crowdsourcing”, “crowdworking” and work on demand, operated by digital platforms. Digitalization is therefore a multi-faceted and far-reaching phenomenon, with an impact on every sector of the economy and a wide array of work activities, thus calling for an in-depth investigation of the possible effects on the domain of employment relations.

Focusing on the implications for employment, digitalization may be provisionally defined as encompassing work operations and processes brokered, organized or performed within digital platforms or by means of digital devices. In this perspective, digitalization cuts across different forms of employment (standard and non-standard), work organization (in-house performance and ICT-based mobile work), categories of workers (skilled and unskilled) and productive processes (material and immaterial). As pointed out in the literature, different forms of digitalization represent a continuum, ranging from partially to fully digitalized workplaces and employment relationships. Taking this as a starting point, it may be argued that, despite certain differences, the impact of digitalization on employment relations presents certain general features as regards both opportunities and challenges.

On the one hand, digital tools can be conceived as a means to establish more horizontal and cooperative relationships within organizations and to provide “smart” workers with greater flexibility in the definition of their working schedules, enhancing self-determination in the performance of work, while providing better opportunities to match their skills with the demand for labour, given the potential detachment of labour supply from any physical or geographical boundary. Furthermore, it entails a significant job creation potential, insofar as it can lead to an increase in productivity and the development of a production system based on innovation, possibly linked to the re-shoring of previously outsourced operations and the reconfiguration of business models (“selling light not light bulbs”).

On the other hand, digitalization represents a challenge for the common theoretical categories of employment relations as well as the material conditions of workers. From a labour market perspective, it entails the risks of obsolescence of jobs, especially low-skilled ones, and the deskilling of workers as they are made more and more dependent on the input from highly sophisticated digital platforms and devices (“smart factories for dumber workers”). The final outcome of those processes may be an increase in unemployment, segregation and inequality. From a management perspective, the use of digital devices requires new patterns of job design and job evaluation, capable of instantiating additional and invisible command-and-control features in working processes, allowing for the continuous realtime monitoring and evaluation of worker performance. Another effect may be a trade-off between organizational flexibility and more intensive workloads, both in qualitative (e.g. degree of cognitive effort) and quantitative terms (working hours). All of the above may lead to a deterioration of worker health and safety, with a heightened risk of work-related stress.

All of the developments mentioned above have major repercussions on the normative and regulatory patterns of employment relations. First, certain forms of work in the “gig-economy”, such as crowdworking and work on demand, pose the problem of the lack of protection of workers, due to their uncertain employment status. This is because the theoretical apparatus of labour law comes under strain with regard to the classification of such new forms of employment, that apparently lack any clear linkage with the traditional parameters of salaried employment. In this respect, several proposals have been put forward, ranging from the identification of a new category of employment to the interpretative adaptation of existing categories, so that they can include workers described as “digital galley slaves”, casting light on the creeping processes of commodification and casualization affecting them. In a broader perspective, the challenges outlined above require either a revision or a reinterpretation of existing regulatory and policy tools, including job classification and job rotation, personal data protection, the reach of employee surveillance, working time arrangements, training and other means to address the obsolescence of skills, such as social services and income support.

The need to revise and adapt the existing system of rights and protections has implications for collective representation and the role of industrial relations and social dialogue. Whereas digitalization poses an additional challenge to persistent attempts to represent collective interests and develop forms of solidarity in a changing world of work, some argue that the involvement of employees, by means of information, consultation and co-determination, is key to managing the restructuring processes and handling the “anticipation of change” issues linked to digitalization, while others maintain that the development of peer-to-peer and on-line platforms opens up new pathways for the organization of workers beyond traditional workplaces, with a view to strengthening the new “communities” and reinforcing their collective action and power of collective negotiation.

Several attempts have been made recently to ensure the practical adaptation of the employment relations machinery to the questions raised by digitalization. They range from judicial responses to cases relating to the employment status of Uber drivers in the USA and the UK, to the legal regulation of specific issues prompted by digital work, such as the revision of limitations on the on-line surveillance of employees and the draft regulation on “smart work” in Italy, as well as the initiatives set up by IG Metall in Germany, such as the establishment of an Advisory Board on the Future of Work, and the creation of an internet platform (FairCrowdWork Watch) in an attempt to organize such workers.

Against this backdrop, there is a need to establish an integrated framework of knowledge on work digitalization, build a sound taxonomy of the phenomena under investigation, examine their impact, delineate future perspectives and put forward a comprehensive set of proposals.

In order to bring the discussion forward, enhancing the exchange of views and promoting an interdisciplinary debate, the conference will seek contributions from the international scholarly community on the following tracks:

  1. Digitalization and management practices.
  2. Digitalization, productivity and the labour market.
  3. Digitalization, employment rights and collective representation.

SUBMISSIONS

Participants who intend to contribute a paper to one of the conference strands should submit by 1 July 2016 an expression of interest, indicating:

  • the title of the proposed paper;
  • a brief description of about 150 words (bibliography excluded), that should present the topic and highlight the nature of the paper (theoretical analysis, strategic paper, presentation of empirical data etc);
  • the paper’s disciplinary or inter-disciplinary background (e.g. Labour Law, Organization Theory, Labour Economics);
  • the author’s affiliation;
  • the conference track where the paper is intended to be included. In this respect, the Organising Committee reserves the right to assign papers to the track and session they consider to be most appropriate.

Expressions of interest will selected by the Organising Committee by 22 July 2016.

Selected authors will be invited to present an extended abstract (2,000 words, bibliography excluded) no later than 15 September 2016. Abstracts shall include a brief discussion of the results and conclusions that the paper aims to present.

Extended abstracts will be selected by the Organising Committee by 30 September 2016.

Selected authors shall submit a full paper of about 8,000-10,000 words by 20 December 2016. Full papers should present a complete piece of research and not be limited to the description of a work in progress.

As an alternative to the presentation of a full paper, in case of impossibility to accommodate all the proposals in the oral presentations sessions, the Organising Committee may offer the opportunity to present an author’s work in dedicated poster sessions.

The Organising Committee reserves the right to refuse full papers that are not consistent with the conference strands or with the expression of interest/full abstract that have been approved.

The working languages of the conference will be English and Italian. Abstracts and papers may be submitted either in English or in Italian.

DEADLINES

  • Deadline for submission of expressions of interest: 1st July 2016
  • Deadline for submission of extended abstracts: 15 September 2016
  • Deadline for submission of full papers: 20 December 2016

ORGANISING COMMITTEE

Prof. Tindara Addabbo (University of Modena and Reggio Emilia), Prof. Edoardo Ales (University of Cassino and Southern Lazio), Dr. Ylenia Curzi (University of Modena and Reggio Emilia), Prof. Tommaso Fabbri (University of Modena and Reggio Emilia), Dr. Olga Rymkevich (Marco Biagi Foundation), Dr. Iacopo Senatori (Marco Biagi Foundation), Dr. Carlotta Serra (Marco Biagi Foundation), Prof. Giovanni Solinas (University of Modena and Reggio Emilia).

SCIENTIFIC COMMITTEE

Prof. Marina Orlandi Biagi (Marco Biagi Foundation, Chair), Prof. Tindara Addabbo (University of Modena and Reggio Emilia), Prof. Edoardo Ales (University of Cassino and Southern Lazio), Prof. Francesco Basenghi (University of Modena and Reggio Emilia), Prof. Janice Bellace (The Warthon School, Philadelphia), Prof. Susan Bisom-Rapp (Thomas Jefferson School of Law, San Diego), Prof. Roger Blanpain (Universities of Leuven and Tilburg), Prof. Tommaso Fabbri (University of Modena and Reggio Emilia), Prof. Luigi E. Golzio (University of Modena and Reggio Emilia), Prof. Csilla Kollonay-Lehoczky (Central European University, Budapest), Prof. Alan Neal (University of Warwick), Prof. Jacques Rojot (University of Paris II Panthéon-Assas), Prof. Yasuo Suwa (Hosei University), Prof. Tiziano Treu (Catholic University of Milan), Prof. Manfred Weiss (J.W. Goethe University, Frankfurt am Main).

CONTACTS

Expressions of interest, abstracts and full papers, as well as the requests of information thereof, shall be addressed to: Iacopo Senatori (Researcher, Marco Biagi Foundation): iacopo.senatori@unimore.it

The first draft of the conference programme will be made available in January 2017.

Further information will be posted on the Marco Biagi Foundation’s web site www.fmb.unimore.it

Call for Papers for the 2016 Marco Biagi Award

To stimulate scholarly activity and broaden academic interest in comparative labour and employment law, the International Association of Labour Law Journals announces a Call for Papers for the 2016 Marco Biagi Award. The award is named in honor of the late Marco Biagi, a distinguished labour lawyer, victim of terrorism because of his commitment to civil rights, and one of the founders of the Association. The Call is addressed to doctoral students, advanced professional students, and academic researchers in the early stage of their careers (that is, with no more than three years of post-doctoral or teaching experience).

  1. The Call requests papers concerning comparative and/or international labour or employment law and employment relations, broadly conceived. Research of an empirical nature within the Call’s purview is most welcome.
  2. Submissions will be evaluated by an academic jury to be appointed by the Association. Submitted papers should include an abstract.
  3. The paper chosen as the winner of the award will be assured publication in a member journal, subject to any revisions requested by that journal.
  4. Papers may be submitted preferably in English, but papers in French or Spanish will also be accepted. The maximum length is in the range of 12,500 words, including footnotes and appendices. Substantially longer papers will not be considered.
  5. The author or authors of the paper chosen as the winner of the award will be invited to present the work at the Association’s 2016 meeting which is to be announced soon on the website of the Association. Efforts are being undertaken to provide an honarium and travel expenses for the presentation of the paper. Until that effort bears fruit, however, the Association hopes that home institutional funds would be available to support the researcher’s presentation.
  6. The deadline for submission is March 31, 2016. Submissions should be sent electronically in Microsoft Word both to Lavoro e diritto at lavoroediritto@unife.it and to Frank Hendrickx, the President of the Association, at Frank.Hendrickx@law.kuleuven.be.

The International Association of Labour Law Journals

  • Análisis Laboral, Peru
  • Arbeit und Recht, Germany
  • Australian Journal of Labor Law, Australia
  • Bulletin on Comparative Labour Relations, Belgium
  • Canadian Labour and Employment Law Journal, Canada
  • Comparative Labor Law & Policy Journal, USA
  • Derecho de las Relaciones Laborales, Spain
  • Diritti lavori mercati, Italy
  • Employees & Employers, Slovenia
  • Europäische Zeitschrift für Arbeitsrecht (EuZA), Germany
  • European Labour Law Journal, Belgium
  • Giornale di Diritto del lavoro e relazioni industriali, Italy
  • Industrial Law Journal, United Kingdom
  • Industrial Law Journal, South Africa
  • International Journal of Comparative Labour Law and Industrial Relations, The Netherlands
  • International Labour Review, ILO
  • Japan Labor Review, Japan
  • Labour and Social Law, Belarus
  • Labour Society and Law, Israel
  • La Rivista Giuridica del Lavoro e della Previdenza Sociale – RGL, Italy
  • Lavoro e Diritto, Italy
  • Pécs Labor Law Review, Hungary
  • Revista de Derecho Social, Spain
  • Revue de Droit Comparé du Travail et de la Securité Sociale, France
  • Revue de Droit du Travail, France
  • Rivista giuridica del lavoro e della sicurezza sociale, Italy
  • Russian Yearbook of Labour Law, Russia
  • Temas Laborales, Spain
  • Zeitschrift für ausländisches und internationales Arbeits- und SozialrechtGermany

Prior Recipients of the Marco Biagi Award

2015 Uladzislau Belavusau (Vrije Universiteit Amsterdam, the Netherlands), A Penalty Card for Homophobia from EU Labor Law: Comment on Asociaţia ACCEPT (C-81/12).
2014 Lilach Lurie (Bar-Ilan University, Israel), Do Unions Promote Gender Equality?Special Commendation: Isabelle Martin (University of Montreal, Canada), Corporate Social Responsibility as Work Law? A Critical Assessment in the Light of the Principle of Human Dignity
2013 Aline Van Bever (University of Leuven, Belgium), The Fiduciary Nature of the Employment Relationship
2012 Diego Marcelo Ledesma Iturbide (Buenos Aires University, Argentina), Una propuesta para la reformulación de la conceptualización tradicional de la relación de trabajo a partir del relevamiento de su especificidad jurídicaSpecial Commendation: Apoorva Sharma (National Law University, Delhi, India), Towards an Effective Definition of Forced Labor
2011 Beryl Ter Haar (Universiteit Leiden, the Netherlands), Attila Kun (Károli Gáspár University, Hungary) & Manuel Antonio Garcia-Muñoz Alhambra (University of Castilla-La Mancha, Spain), Soft On The Inside; Hard For the Outside. An Analysis of the Legal Nature of New Forms of International Labour LawSpecial Commendation: Mimi Zou (Oxford University, Great Britain), Labour Relations With “Chinese Characteristics”? Chinese Labour Law at an Historic Crossroad
2010 Virginie Yanpelda, (Université de Douala, Cameroun), Travail décent et diversité des rapports de travailSpecial Commendation: Marco Peruzzi (University of Verona, Italy), Autonomy in the European social dialogue

Association’s Award Prior to Naming as Marco Biagi Award

2009 Orsola Razzolini (Bocconi University, Italy), The Need to Go Beyond the Contract: “Economic” and “Bureaucratic” Dependence in Personal Work Relations

Announcement: Marco Biagi Award 2015 Winner

The winner of the 2015 Marco Biagi Award is Uladzislau Belavusau (Vrije Universiteit Amsterdam, the Netherlands) for a paper entitled A Penalty Card for Homophobia from EU Labor Law: Comment on Asociaţia ACCEPT (C-81/12). In the paper, the author provides a detailed analysis of Asociaţia ACCEPT, an important case from the Court of Justice of the European Union on sexual orientation discrimination. The Court held (1) that an employer could be found liable for the discriminatory statement of a person who is publicly perceived as playing a leading role for the employer, even though the person does not have the legal capacity to bind the employer and (2) that national rules prohibiting such discrimination must be effective, proportionate, and dissuasive. Professor Belavusau evaluates the case as an example of cause lawyering that could be used as a model of legal mobilization for LGBT advocates and for other social movements.

The International Association of Labor Law Journals sponsors the Marco Biagi Award in honor of one of the founders of the Association: Marco Biagi, a distinguished labor lawyer and a victim of terrorism because of his commitment to social justice. A list of the member journals of the International Association can be found at http://www.labourlawjournals.com.

This year’s winner was chosen by an academic jury composed of Frank Hendrickx (Belgium), Alan Neal (UK), and György Kiss (Hungary).

Prior winners of the Marco Biagi Award were: 

  • 2014 — Lilach Lurie (Bar-Ilan University, Israel), Do Unions Promote Gender Equality?

    Specially Noted: Isabelle Martin (University of Montreal, Canada), Corporate Social Responsibility as Work Law? A Critical Assessment in the Light of the Principle of Human Dignity

  • 2013 — Aline Van Bever (University of Leuven, Belgium), The Fiduciary Nature of the Employment Relationship

  • 2012 — Diego Marcelo Ledesma Iturbide (Buenos Aires University, Argentina), Una propuesta para la reformulación de la conceptualización tradicional de la relación de trabajo a partir del relevamiento de su especificidad jurídica

    Specially Noted: Apoorva Sharma (National Law University, India), Towards an Effective Definition of Forced Labor

  • 2011 — Beryl Ter Haar (Universiteit Leiden, the Netherlands), Attila Kun (Károli Gáspár University, Hungary) & Manuel Antonio Garcia-Muñoz Alhambra (University of Castilla-La Mancha, Spain), Soft On The Inside; Hard For the Outside. An Analysis of the Legal Nature of New Forms of International Labour Law

    Specially Noted: Mimi Zou (Oxford University, Great Britain)Labour Relations With “Chinese Characteristics”? Chinese Labour Law at an Historic Crossroad

  • 2010 — Virginie Yanpelda, (Université de Douala, Cameroun), Travail décent et diversité des rapports de travail

    Specially Noted: Marco Peruzzi (University of Verona, Italy)Autonomy in the European social dialogue.

  • 2009 — Orsola Razzolini (Bocconi University, Italy), The Need to Go Beyond the Contract: “Economic” and “Bureaucratic” Dependence in Personal Work Relations

Call for Papers for the 2015 Marco Biagi Award

To stimulate scholarly activity and broaden academic interest in comparative labour and employment law, the International Association of Labour Law Journals announces a Call for Papers for the 2015 Marco Biagi Award. The award is named in honor of the late Marco Biagi, a distinguished labour lawyer, victim of terrorism because of his commitment to civil rights, and one of the founders of the Association. The Call is addressed to doctoral students, advanced professional students, and academic researchers in the early stage of their careers (that is, with no more than three years of post-doctoral or teaching experience).

  1. The Call requests papers concerning comparative and/or international labour or employment law and employment relations, broadly conceived. Research of an empirical nature within the Call’s purview is most welcome.
  2. Submissions will be evaluated by an academic jury to be appointed by the Association.
  3. The paper chosen as the winner of the award will be assured publication in a member journal, subject to any revisions requested by that journal.
  4. Papers may be submitted preferably in English, but papers in French or Spanish will also be accepted. The maximum length is 12,500 words, including footnotes and appendices. Longer papers will not be considered.
  5. The author or authors of the paper chosen as the winner of the award will be invited to present the work at the Association’s 2015 meeting in Leuven, Belgium, on June 24, 2015. Efforts are being undertaken to provide an honarium and travel expenses for the presentation of the paper. Until that effort bears fruit, however, the Association hopes that home institutional funds would be available to support the researcher’s presentation.
  6. The deadline for submission is March 31, 2015. Submissions should be sent electronically in Microsoft Word to both Lavoro e diritto at lavoroediritto@unife.it and the Comparative Labor Law & Policy Journal at willborn@unl.edu.

Call for Papers for the 2014 Marco Biagi Award

To stimulate scholarly activity and broaden academic interest in comparative labour and employment law, the International Association of Labour Law Journals announces a Call for Papers for the 2014 Marco Biagi Award. The award is named in honor of the late Marco Biagi, a distinguished labour lawyer, victim of terrorism because of his commitment to civil rights, and one of the founders of the Association. The Call is addressed to doctoral students, advanced professional students, and academic researchers in the early stage of their careers.

  1. The Call requests papers concerning comparative and/or international labour or employment law and employment relations, broadly conceived. Research of an empirical nature within the Call’s purview is most welcome.
  2. Submissions will be evaluated by an academic jury to be appointed by the Association.
  3. Papers accepted by the jury will be assured publication in a member journal.
  4. Papers may be submitted preferably in English, but papers in French, or Spanish will also be accepted. The final version should not significantly exceed 50,000 characters which is about twenty printed pages.
  5. The author or authors of the papers selected by the jury will be invited to present the work at the Association’s 2014 meeting in Dublin. Efforts are being undertaken to attach an honorarium and travel expenses for the presentation of the paper. Until that effort bears fruit, however, the Association hopes that home institutional funds would be available to support the researcher’s presentation.
  6. The deadline for submission is April 30, 2014. Submissions should be transmitted
    electronically to both Lavoro e diritto at lavoroediritto@unife.it and the Comparative Labor Law & Policy Journal at willborn@unl.edu.

Announcement: Marco Biagi Award 2013 Winner

The winner of the 2013 Marco Biagi Award is Aline Van Bever (University of Leuven) for a paper entitled, The Fiduciary Nature of the Employment Relationship. This paper explores the circumstances under which an employment relationship may entail fiduciary duties. Recognizing that the employment relationship is both relational and embedded within a complex framework of explicit and implicit norms, the paper explores English, American, Canadian, and Australian law to determine when employees owe specific duties of loyalty to their employer.

Click here to read the full announcement.

Announcement of the 2012 Marco Biagi Award Winner

The winner of the 2012 Marco Biagi Award is Diego Marcelo Ledesma Iturbide (Buenos Aires University) for his paper, Una propuesta para la reformulación de la conceptualización tradicional de la relación de trabajo a partir del relevamiento de su especificidad jurídica. This paper is a sophisticated and insightful discussion of legal conceptions of the employment relationship. It explores emerging problems with current conceptions as employment relationships become more complex in the global environment and suggests a new approach to the issue. Click here to read the full announcement.

About the Marco Biagi Award

This is an annual award for the best paper on comparative or international labor law by a young scholar.  The award is sponsored by the International Association of Labour Law Journals (IALLJ), a consortium of 21 of the leading labour law journals from around the world. The award is named for Marco Biagi, a founder of the IALLJ and one of the world’s most prominent labour law scholars, when he was assassinated in 2002 by the Red Brigade for his prominent role in labour law reform in Italy.

Prior Recipients of the Award

2011 – By the deadline of March 30, 2011, six papers had been submitted, from the United Kingdom, France, Spain, Turkey, The Netherlands, and Hungary, studying and comparing labour and social law in international dimension, in China, Nigeria and Togo. An academic jury composed of Professors Manfred Weiss, Matthew Finkin and Gian Guido Balandi evaluated the papers and decided as follows:

The winners of the Marco Biagi Award for 2011 are: Beryl Ter Haar, Attila Kun, and Manuel Antonio Garcia-Muñoz Alhambra, for their paper Soft On The Inside; Hard For The Outside. An Analysis Of The Legal Nature Of New Forms Of International Labour Law. To read the full 2011 Marco Biagi Award announcement, please click here.

2010 – Virginie Yanpelda, (Université de Douala, Cameroun) for Travail décent et diversité des rapports de travail.

Especially signalled  – Marco Peruzzi (University of Verona, Italy), for Autonomy in the european social dialogue.

2009 – Orsola Razzolini (Bocconi University, Italy), for The Need to Go Beyond the Contract: “Economic” and “Bureaucratic” Dependence in Personal Work Relations, accepted for the Comparative Labor Law & Policy Journal.