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The Idea of Labour Law$
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Guy Davidov and Brian Langille

Print publication date: 2011

Print ISBN-13: 9780199693610

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199693610.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 November 2020

Using Procurement Law to Enforce Labour Standards

Using Procurement Law to Enforce Labour Standards

Chapter:
(p.256) 16 Using Procurement Law to Enforce Labour Standards
Source:
The Idea of Labour Law
Author(s):

Catherine Barnard

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199693610.003.0017

This chapter focuses on an increasingly important avenue for trying to enforce—and possibly improve upon—labour standards, namely public procurement. It looks primarily at the EU rules on procurement to see how much—if any—scope there is for including ‘social clauses’ ie clauses which require tenderers to respect certain terms and conditions of employment. While the decisions in Laval and Rüffert appear to narrow the scope for imposing such clauses in the context of free movement of services, Commission v Germany (occupational pensions) might offer some more room for manoeuvre in the field of public procurement more generally. The chapter concludes with a brief examination of the scope for contractors voluntarily to assume additional commitments, taking as an example the London Living Wage campaign.

Keywords:   public procurement, social clause, Laval, Commission v. Germany (occupational pensions), London living wage

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