[en] Employment relationships can be governed by multiple legal frameworks, including statutory labour codes, collective bargaining agreements (at both enterprise and sectoral levels), and individual employment contracts. How are conflicts between these sources of law resolved? In many jurisdictions, the “favour rule” addresses such conflicts by prioritising the source that offers the greatest benefit to the employee. This rule aims to prevent employers from leveraging their superior bargaining power in individual contracts to undercut more favourable terms established through collective bargaining. However, comparative analysis reveals that the scope of the favour rule is narrowing in some jurisdictions, where it is increasingly applied as a guiding principle rather than a strict rule.
Disciplines :
Social law
Author, co-author :
RATTI, Luca ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
no
Language :
English
Title :
Best Friend, False Friend: The “Favour” Rule in Comparative Labour Law
