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Abstract
This article examines how reconceptualising labour law through the lens of the Capability Approach can contribute to the de-legitimisation of productivist rationales, by safeguarding workers’ freedom of choice both within the labour market and at the level of the employment relationship. Adopting this normative framework, the analysis focuses on the role of industrial relations institutions – particularly occupational welfare mechanisms – in supporting this objective. Special attention is given to bargained welfare and the bilateral bodies established through sectoral collective bargaining between trade unions and employers’ associations, assessing their capacity to enhance workers’ autonomy and agency. While the Capability Approach offers a promising theoretical basis for challenging the productivist underpinnings of labour law, the article also identifies significant structural and operational challenges that limit the transformative potential of these institutions in practice.
Keywords
Capability approach, Environmental sustainability, Socio-ecological labour law, Productivism deconstruction, Industrial relations.