Promovendus: Mw. Dr. C. Leone

Promotores: Prof.Mr. M.B.M. Loos, Mw. Prof. A.A.H. van Hoek

Duur: 1/7/2011 - 31/12/2014

Promotie: Amsterdam, 12/6/2020

Abstract:

Standard form contracts, or contracts pre -drafted by one party for other parties (mere) acceptance, are a common feature of everyday market practices in contemporary economies. Their diffusion poses serious challenges to classical contract law, which assumes parties equal position in determining a contracts content. In one domain where the use of standard contracts is very spread, namely consumer law, the challenge has been mainly addressed in Europe through the so-called Unfair Terms Directive and its national implementations. Similar contracts, however, are also diffused in labour law, through the setting of standard terms of employment by the employer. In this context, contrary to what has happened with consumers, the specificity of standard form contracts has not been addressed through a similarly comprehensive strategy. The project will investigate the possible effects of transplanting the design adopted in European consumer law into the regulation of labour contracts through a comparative study of four European countries. More specifically, it will start with a study of the German legislation, which, since 2002, has included dependent workers in the definition of consumer, thereby allowing application, to employment contract, of Civil Code provisions regulating consumer contracts. The subsequent case-law will be analysed in order to assess the actual impact of the legislative novelty, to then move to the other countries (Italy, the Netherlands, UK) to investigate whether and how the same problems have been dealt with, finally to determine whether the German action has or has not improved workers protection with regard to standard form contracts