https://www.laborlawcongress2026.org/
“Social Europe under strain – Contemporary challenges of national and European labour and social security laws”
As Heraclitus noted, the only constant in life is change. This goes for the lives of individuals and societies, national and European. All are confronted with new forms or organising work, modified role of social partners, more private understanding of social risks and developing needs for social security protection, all in the light of new technologies and the use of artificial intelligence. Hence the goal of the Ljubljana ISLSSL Congress is to discuss fundamental principles of labour and social security law, nationally and European-wide and establish to what extent they have become under strain. If pressured too much, they must either adapt or collapse and new must be established.
The Ljubljana ISLSSL Congress is divided into three parts. The first one is concerning individual labour law challenges and possible improvements. This part is divided into six groups touching upon fundamental elements of labour law. Group 1could be tackling the subordination and new forms of organising work. Topics covered might relate to platform workers as subordinated workers (national practices, new Platform work Directive, threat of increasing precarious work), is work under directions and supervision of an employer still a valid assumption, threat of precariousness of work (undesired effects and possibilities to overcome them), what are the (changing) elements of a labour relation (also taking into account ILO R198 – Employment Relationship Recommendation, 2006) etc.
Group 2might embark upon digitalisation and its impacts on labour relations.Possible topics might concern supervision of workers with modern technologies, including wereables, from subordinate person to a subordinate ‘machine’, collecting many personal data, from quantification of work towards quantification of a worker, etc. Algorithmic management has been analysed also in a recent OECD document (Working paper on Algorithmic management in the workplace, New evidence from an OECD employer survey), also EU law and European Social Charter provisions have to be considered. Establishing and terminating an employment contract might be influenced by virtual interviews, supported by AI, and the question might be what criteria are considered, is a decision taken by a human or AI for engaging or dismissing a worker, whose responsibility is final, etc.
Group 3might relate to existence and substance of the employment relation. Issues of fundamental duties/rights stemming from a labour relation, i.e. the duty to work and the right to pay could be addressed. Possible topics could be related to working time as a still relevant factor in labour relations (Working time Directive, strict distinction of working and private life engagements or combining both?, on one hand remote working could mean working from home, holidays, during weekends, combination of working time and self-employment activity, e.g. in healthcare, work-life balance Directive, transparent and predictable working conditions Directive, posting of workers, but also the right to disconnect) and pay (Adequate minimum wages Directive – still relevant?, pay in cash or in benefits, remunerating of public official and civil servants, …). Moreover, how much private law and how much public law elements shall be considered when establishing or terminating an employment contract.
Group 4might tackle the n on-discrimination issues.Principle of equality provides for justice in the society and is many times under strain. Topic to be tackled might relate to gender equality (improving gender balance among directors of listed companies and related measures Directive, gender pay gap – still an issue), age and other inequalities based on personal circumstances. Moreover, non-migrant and migrant workers (from EU or non-EU countries, e.g. due to climate change migrations) might be treated differently at a national or European labour market without reasonable justification.
Group 5discussions may relate to occupational health and safety, often forgotten topic or a topic dealt with separately. Topics might relate to health and safety related to new forms of work organisation, new health and safety risks (such as pandemics, telework, digitalisation and overwhelming control of workers) and cross-border provision of health and safety work.
Part one shall be rounded up with group 6on transformations of labour law, with topics relating to social sustainability under Sustainable Development Goals (SDG), influence of climate change for labour relations, global supply chains and labour law responsibilities. Also, broadening of the labour law scope (in various directions) might be considered.
ISLSSL Ljubljana Congress shall continue with part two on social security law. Group 7could, hence, embark on the issue of social risks, building on the findings of the Rome ISLSSL World Congress. Topics could relate to the development of social risks understanding in different European countries (from solidarity towards more self-responsibility – for all social risks?, reform processes in comparative and European perspective). Moreover, the question whether new contingencies in life (like natural disasters) have developed to a new social risk might be discussed.
Group 8could explore the impact of new forms of work organisation and automation of social security. Topics could touch upon cross-border telework in the EU and beyond and applicable social security legislation, limiting precariousness of work through social security measures, growing importance of the CFR-EU for social security and social assistance, automation of social security and influence of AI, measures to combat a threat of precariousness in social security.
Group 9might tackle the scope and substance of social security, under u niversality and adequacy of social security.Topics may focus on universality of healthcare – experiences from European countries (UN Declaration “Universal health coverage: moving together to build a healthier world”, healthcare reforms on various forms of access to healthcare, e.g. geographical, timely, economic, procedural and informational access – steering of patients towards private provision of healthcare in the Member States and at cross-border healthcare provision), inclusion of migrant workers in national social security (according to UDHR, the right to social security shall be enjoyed by everyone, as a member of society – who is everyone and how narrow or broad society shall be understood by applying dynamic interpretation), adequacy of social security benefits and social assistance (especially in the times of crises, e.g. European Committee on Social Rights’ ad hoc review on the cost-of-living crises).
Group 10will relate to the supervision of the social/welfare state. Social state in continental Europe or welfare state in Anglo-Saxon legal order is responsible to mitigate living circumstances of people. However, it may also be too intrusive and even anti-social (and contra legem). Examples might relate to too strict and anti-free movement sanctions of benefits recipients in Norway, the so called NAV scandal, where at least 80 people were wrongly convicted of social security fraud, and that at least 2,400 social security recipients had been wrongfully demanded payment due to incorrect interpretation of EEA Regulations by the courts and the administration; or the so-called Dutch childcare benefits scandal, were thousands of families were wrongly accused of making fraudulent benefit claims and demanded to repay their received allowances in full, this sum amounted to tens of thousands of euros, driving families into severe financial hardship. The question might be which mechanisms of controls are and should be in place. They might range from internal, state controls (like social and other courts of law, ombudspersons) or external (like social partners, i.e. trade unions and employers’ organisations, which may also be entrusted with financing and managing social insurances). At international European level, a collective complaints procedure before the European Committee of Social Rights (according to the European Social Charter) might also serve as an example.
Part threeof the Congress will stress the importance of collective labour law.Social peace is an important element for peace in general. Therefore, Group 11will focus on the diversity of collective bargaining and collective actions.Topics could relate to scope of collective labour agreements and their cross-border applicability, and transposition of EU labour law directives through collective agreements at national level, the right to strike under national laws and (divergent?) decisions of the ECHR and ECSR, special focus might be on public sector specificities and other collective action in national and European law.
Group 12will dig deeper in the Information, consultation and co-determination, with topics concerning experiences with (European) work councils and EU Directives, levels of cooperation, from mere information over consultation towards co-determination, specificities for platform workers, comparison between the countries (also on more or less extensive social dialogue).
With the 12th group, the ISLSSL Ljubljana Congress will complete its mission. Number 12 has a special meaning in the European existence. European flag features a circle of 12 gold stars, which stand for the ideals of unity, solidarity and harmony among the peoples of Europe. National and European labour and social security laws shall courageously contribute towards these ideals.