New technologies and labour rights from a comparative perspective 2200-1W173S
The branch of law known as ‘labour law’ weaves a genetic and constitutive relationship with
technique and technology. Genetic: since at the heart of this discipline’s development is a
technological shift in the production system. Constitutive: because a technological vision
derived from the wider industrial system is included in the discipline’s fundamental structure.
The current labour law systems have been developed at the times of the first (invention of the
steam engine) and second (invention of electricity) industrial revolutions. The third industrial
revolution (invention of the computer and internet) has made some adjustments to the existing
labour law systems. The impact of the fourth and fifth industrial revolutions, with its new,
mainly digital technologies, seems to have a more substantive impact on how we work than the
third industrial revolution had. Most importantly, the traditional regulatory doctrine is being put
into question by rapid technological change and convergence.
This course seeks to provide a complete understanding of the delicate interaction between new
technology and the evolution of labour regulations through the method of comparative law,
providing students with insights to help them navigate this dynamically changing landscape.
Special emphasis will be given to technological innovations that transform the boundaries
between virtual, physical, and biological spaces (including new technologies and techniques for
datafication - the process of transforming subjects, objects, and practices into digital data, and
automated decision-making). The relevant themes will serve as a laboratory for the students to
explore various forms of comparative law, including historical (between time periods), vertical
(between different regulatory levels) and horizontal (between different countries).
By centering the course on the comparative method, a dynamic and interactive classroom
environment will be created that caters to diverse learning styles and prepares students for a
complex world of work that is under construction due to the dynamic development of new
technologies.
Rodzaj przedmiotu
Tryb prowadzenia
Koordynatorzy przedmiotu
Efekty kształcenia
The aim of this course is to explore how new technologies are changing work and how that
impacts labour law. Therefore, following the changes in work, we will explore, discuss, analyse
and evaluate what this means for labour law in general and from a comparative perspective.
Upon completion of the course students will have:
● Understanding of and experience in conducting a functional comparative study in time,
horizontal and vertical;
● profound understanding of how new technologies are changing work
● profound understanding of what the changes work mean for labour law in general as
well as from a comparative perspective
● knowledge and understanding of different debates about the impact of new
technologies on work and what this means for labour law
● knowledge and understanding of what the EU, the international labour organization
and several countries are undertaking to address the impact of new technologies on
work and therewith on labour law knowledge,
● understanding, and experience in conducting a functional comparative study in time,
horizontal and vertical
● further developed your soft skills, such as communication, presentation, writing,
critical thinking, researching databases (articles, case law, statistics), working in
groups, and evaluating the quality and credibility of sources
Upon completion of the course students will be able to:
● assess how best to use comparative methodologies and techniques ini their work;
● conduct a functional comparative study in time, horizontal and vertical;
● critically analyse the benefits and disadvantages of comparative law and its application
in various areas of law;
● analyse and evaluate changes in labour law and to what extent those changes will meet
the challenges and needs of technological developments, especially in the context of
Industry 4.0 and 5.0
● communicate and debate regulatory shortcomings and needed changes in labour law in
relation to the impact of technological developments on work with peers (i.e. lawyers)
and colleagues from other disciplines such as economics, sociology, and human
resources management.
Kryteria oceniania
Credit for the course is based on attendance (2 absences possible) and activity recorded in class
and participation, in particularly during the student labs.
Furthermore, students will be required to write short “Reaction paragraphs” of max 1 page to
be sent before the class to the teacher and a final paper of no more than 2500 words featuring
a particular method of comparative law applied to one of the topics addressed in this course.
Literatura
Reading materials for each topic will be recommended in advance by the respective teachers.
Students are expected to search for further literature, case law, and other useful materials. In
any case use can and should be made of the following materials that are available in the library
especially for this course.
1. Finkin, ‘Comparative Labour Law’, in Reimann and Zimmermann (eds), The Oxford
Handbook of Comparative Law 2nd edn (OUP 2019)
2. Carby-Hall and Mella Mendez, Labour Law and the Gig Economy; Challenges Posed by
the Digitalisation of Labour Processes (Routledge, 2020)
3. Cherry, Work in the Digital Age. A Coursebook on Labor, Technology, and Regulation
(Aspen Publishing, 2021)
Więcej informacji
Dodatkowe informacje (np. o kalendarzu rejestracji, prowadzących zajęcia, lokalizacji i terminach zajęć) mogą być dostępne w serwisie USOSweb: