On the Introduction of the Social Conditionality System and the Importance of the Obligation to Provide Information

Abstract

The agricultural sector presents distinct characteristics when examined through the lens of labour law in comparison to other sectors I have investigated. The inherently seasonal nature of employment within this sector often leads to the relaxation of labour law protection mechanisms, although principles of occupational safety are generally upheld. Regarding simplified employment arrangements, the Labour Code itself stipulates exemptions from stringent regulations to enhance flexibility. The implementation of a social conditionality system prompted me to reassess the completeness and accuracy of my prior perspectives concerning the significance of fundamental values. Specifically, these values encompass good faith, fairness, equality, justice, security, and the enduring, unconditional principles capable of addressing all labour law challenges as they encompass the full range of labour law considerations. Beyond these fundamental values, I have come to recognise that, in contexts of mutual interdependence, the involved parties can sustain their interests in contract preservation through collective bargaining and consultative processes among social partners, even amidst challenging circumstances, in accordance with prevailing economic conditions. Nevertheless, it is uncommon within the agricultural sector to organize and collaborate for the enhancement of working conditions. Reports frequently highlight the scarcity and high cost of seasonal agricultural workers. Hence, what measures can ensure security for agricultural workers? I contend that one potential solution lies in the obligation of the parties to furnish information, which serves as a foundational element for cooperation. This study examines this institution within the framework of adherence to the stipulations outlined in the regulation on social conditions.