Expansion of collective labour law into non-employee employment relationships

Abstract

A few years ago, there was a significant expansion of collective labour law into non-employee employment relationships insofar as it concerns the right of trade union coalition. For many representatives of labour law doctrine, the mere extension of the subjective scope of the right of coalition authorises the assumption that there has been a change in the nature of collective labour law and that, consequently, we are currently dealing with collective employment law. This paper takes up a polemic against this position – arguments are cited in favour of the still employee- oriented character of collective labour law and justifying the law still being referred to as collective labour law rather than collective employment law.