engleski

The role of soft law methods (CSR) in labour law

Discussions about the dichotomy of hard and soft law that were initiated in academic circles more than a decade ago have not been closed yet, and their deeper analysis aims at providing the answer to the question whether soft law should be seen as a complement to hard law or as its opponent. In contrast, corporate social responsibility (CSR), with a greater or lesser degree of intensity, has been the focus of international organisations, scientific discussions and debates and consequently multinational companies for more than three decades. The author tries to answer the question in relation to the role of CSR as an ethical way of managing multinational companies in modern labour law and whether CSR should be seen as a soft law method or as creative potential and strength that encourages the creation of new sources of labour law. Moreover, he also questions whether CSR is a practical tool/instrument or a potentially effective means hiding the properties of all of the aforementioned categories. Following an unambiguous role of the open method of co-ordination as a new mode of governance, within the European Employment Strategy, there is also the need for interpreting and positioning/repositioning CSR in the system of labour law at the international, European and national level. Are we confronted with these dilemmas and issues in the same way or does a definitive answer referring to the role of CSR in labour law depend on the legal culture we belong to and the level of interpretation facilities available to national and supranational systems?

soft law, CSR, labour law

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