The steady fall in unionization rates has led to the evident weakening of collective bargaining powers, resulting in a decline in collective bargaining coverage in many Member States of the European Union (EU) in recent years. In Germany, one of the responses of the legislator to this development was the introduction of a statutory national minimum wage. However, there are still national systems, such as Austria and the Scandinavian countries, where collective bargaining plays a major role in setting employment standards. The first two parts of this article examine the different standard-setting mechanisms in place, taking a closer look at minimum wage legislation and collectively bargained wages in particular. The article also considers the fact that non-standard employment relationships, in particular in the so-called gig economy, seem to fall between two stools: in the majority of EU Member States non-standard workers fall under the scope neither of statutory minimum standards, nor of collective bargaining agreements. This article argues that collective bargaining could be a key factor in efforts to ensure fair and just working conditions, while protecting non-standard workers from other risks historically covered by social security.
International Journal of Comparative Labour Law and Industrial Relations