Strikes and the Individual Worker—Reforming the Law

1987 ◽  
Vol 46 (2) ◽  
pp. 287-302
Author(s):  
B. W. Napier
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Union Member ◽  
Green Paper ◽  
Individual Choice ◽  
Labour Law ◽  
Industrial Action ◽  
The Government ◽  
The Individual ◽  
The Right

The government's recent Green Paper “Trade Unions and Their Members” contains several radical proposals for the reform of labour law, among them the suggestion that no union member should be subject to penalties by his trade union for disobedience to the union's call to take strike action. This proposal is based partly on a philosophy of committed individualism—everyone has a right to decide to work whatever a trade union has to say about the taking of industrial action—and partly on the government's concern over the well-publicised sanctions which unions such as the N. U. M. and the N. U. J. have recently imposed on members who have rejected official calls to participate in industrial action. The suggestion is made at a time when the actual impact of strikes (measured in terms of working days lost) is at its lowest point for twenty years and at a stage when, as one commentator has observed, “[t]he trend in this area of law, as developed in the courts and by Parliament, is towards strengthening the position of the union member who refuses to participate in industrial action”. Given its conviction that the taking of industrial action should be a matter left to individual choice (para. 2.22), it is hardly surprising that the government appears to view sympathetically the possibility of extending to members disciplined by their union (by expulsion or some lesser sanction) the right of complaint to an industrial tribunal.

scholarly journals The Right to Strike and Other Forms of Protest of Persons Performing Gainful Employment Under Civil Law

2021 ◽  
Vol 95 ◽  
pp. 71-82
Author(s):  
Artur Tomanek
Keyword(s):  
Trade Unions ◽  
Civil Law ◽  
Paid Work ◽  
Labour Law ◽  
Gainful Employment ◽  
Legal Relationship ◽  
Industrial Action ◽  
Labour Dispute ◽  
The Individual ◽  
The Right

This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.

scholarly journals EMPLOYMENT TERMINATION ISSUES WITH AN EMPLOYEE WHO IS A MEMBER OF THE TRADE UNION

2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
The State ◽  
State Of Health ◽  
Labour Law ◽  
Employment Contract ◽  
Employment Termination ◽  
Continue Employment ◽  
The Right

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved. 

Utilising trade unions in business continuity management to create resilience

2019 ◽  
Vol 1 (1) ◽  
pp. 36-46 ◽  
Author(s):  
Cliff Ferguson
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Action Learning ◽  
Well Being ◽  
Business Continuity ◽  
Content Type ◽  
Business Continuity Management ◽  
Industrial Action ◽  
The Government ◽  
Period Model

Purpose Trade unions are the political arm of the working class, economically active masses, whilst industrial action is a demonstration of the will to reach their objectives. However, the crippling of systems through such contradicts business continuity. Yet, the opposite is true for a natural disaster that traumatises the union member and has a direct impact on their well-being. Inculcating a service continuity and resilience in government, with trade unions as majority stakeholders, may be a challenge. Moreover, it is further complicated by the African perspective, which will become prevalent in the author’s deliberations, as the trade union landscape is open to revolutionary Marxism, Socialism and Capitalistic precepts and concepts. Testing the problem and solutions with the period model produces evidence that purports a future praxis for business continuity management (BCM) that involves trade union representatives and their members. Ultimately, trade unions, cumbersome as they may seem, have much to offer as far as human resources, mass membership, knowledge and skill are concerned. The paper aims to discuss these issues. Design/methodology/approach An action learning approach linked to the period model to answer five research questions, namely: What is the actual modus operandi of trade unions with regard to business continuity and resilience?; What is the actual interest of union representatives in the understanding and implementation of BCM and resilience standards and concepts?; What would be required to utilise trade union platforms for the purposes of BC induction and awareness?; How will BCM certification for trade union stewards affect or impact on their industrial actions or campaigns?; How can the BCM fora develop a theory and possible praxis, to involve trade unions as part of the business continuity and resilience programme of an organisation? Findings The findings are as follows: the period model works as an agent of action learning. The likelihood of trade unions to participate in business continuity outside of labour action is commendable. Trade union representatives are keen on being certified as BCM practitioners. BCPs are inclined to fail with industrial action when involving trade union representatives. The BCM Policy and ISO 22301 standards bring about a good understanding of the roles of BC practitioners and union representatives in a crisis period. Research limitations/implications Research was limited to the pilot site, i.e. The Government Pensions Administration Agency – South Africa. Originality/value The paper brings about a new dimension to a business continuity programme, where the trade unions are no longer an interested party but rather they become active members of a business continuity team.

scholarly journals TRADE UNIONS AND BASIC INCOME: SOME DANISH EXPERIENCES

2021 ◽  
Vol 5 (4) ◽  
pp. 75-86
Author(s):  
ERIK CHRISTENSEN
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Working Condition ◽  
Collective Agreement ◽  
Basic Income ◽  
Labour Law ◽  
Short Term ◽  
Law System ◽  
The Individual ◽  
Single Worker

Theoretically, there are many good arguments that unions should support a proposal on basic income. The main reason for the Danish trade unions resistance to basic income reform is that it would go against the short-term interest of the unions in organisational self-maintenance. Trade unions will lose power in relation to their members with a basic income. Trade unions have control over individual members by virtue of the collective agreement system and the labour law system. If you have a basic income system, the individual worker will decide when he or she wants to leave his workplace and strike. Suppose a single worker or a group of workers leave their workplace because of dissatisfaction with the working condition. In that case, they will be punished financially according to the rules of labour law rely on any support from their trade union.

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals La participación de los trabajadores en materia de prevención de riesgos laborales

2009 ◽  
pp. 121
Author(s):  
María Purificación García Miguélez
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Complex Structure ◽  
The Public ◽  
Prevention Activities ◽  
The Right ◽  
Private Domain

El derecho de participación reconocido a los trabajadores para la organización y planificación de las actividades de prevención en las empresas entraña una estructura compleja en diferentes ámbitos. En primer lugar, respecto al dominio privado e interno, integrado por una participación directa e individualizada de los trabajadores en entidades de plantillas reducidas, o un procedimiento indirecto, colectivo o representativo, en el caso de empresas con un número suficiente de trabajadores para elegir representantes (tanto a través de una representación general -unitaria o sindical- como de una especializada -delegados de prevención y comité de seguridad y salud-). Son analizados tanto el aspecto "orgánico" (esto es, los órganos representativos precisos para un correcto ejercicio) como el "funcional" (es decir,las facultades y competencias a desempeñar), así como las diferencias para ejercer los derechos de información y de consulta, todo ello a fin determinar el órgano de representación más idóneo en cada caso. En segundo lugar, y en relación con el marco de actuación público, el derecho puede ser denominado de participación representativa e institucional, pues es llevada a cabo en diferentes órganos administrativos y fundaciones sectoriales, siendo los sindicatos más representativos responsables de su correcto ejercicio.<br /><br />The right that is recognized to workers in order to participate in the organization and planning of prevention activities in enterprises entails a complex structure related to different scopes. Firstly, related to the internal and private domain, consisting in a direct and individualized participation of workers in those entities of small size in staff, or an indirect, collective or representative procedure, in case of enterprises with a number of workers enough to elect representatives (either a general delegation -unit and trade union- or a specialized one -prevention risks delegates and committee on security and health-). The "organic" aspect (i.e. representative organs required to a proper practice) and the "functional" one (i.e. faculties and competences to be performed) are both under analysis. Differences to exercise the rights on information and consultation are also considered, all in order to determine the most suitable representative organ in each case. Secondly, related to the public framework, the right could be so-called representative and institucional participation, as it is performed in different administrative organs and sectorial foundations, the most representative trade unions as responsible for a proper exercise.

Front commun syndical et nouveau pacte social

Res Publica ◽  
1970 ◽  
Vol 19 (2) ◽  
pp. 247-268
Author(s):  
Léon-Eli Troclet
Keyword(s):  
Present State ◽  
Trade Union ◽  
Trade Unions ◽  
Point Of View ◽  
Capitalist System ◽  
Economic Problems ◽  
Social Pact ◽  
The Government ◽  
State Of Affairs ◽  
Common Trade

I . Confronted with the acuteness of the socio-economic problems the two major labour organizations (i.e. : the socialist and the christiandemocratic trade union confederation) have in 1976 strengthened their «Common Trade Unions' Front» (with about two million members on a total of 2,300,000 wage- and salary earners in Belgium) in view of their negotiations with employers and with the government, to which the trade unions have submitted a common platform.The common front, that has its antecedents on the local, regional and professional level has never been and never will be of a permanent nature, some sort of organic unit. Each confederation maintains its own identity and the front is meant to be re-animated according to the circumstances.II. From the employers' side (and to some extent completely independent from the trade unions' common front) representatives of employers' organizations have «as a personal point of view» and, no doubt, as a preliminary approach, launched the idea that a new and very comprehensive «social pact» should be negotiated.  The socialist trade unions clearly tend to reject this idea, since it maywell lead to a further integration in the capitalist system, whereas the christiandemocratic union seems to be rather in favour of such a pact.In the present state of affairs (end of June, 1977) the probability that it be realized is rather low indeed.

The Politics of Paternalism

2015 ◽  
Author(s):  
Julian Le Grand ◽  
Bill New
Keyword(s):  
Well Being ◽  
The State ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Better Than

This chapter examines the politics of paternalism. It first considers the question of whether the government can do better than the individual, outlining a set of justifications for government paternalism and showing how the state can intervene to improve the well-being of its citizens. It then discusses possible ways in which the government could be held to account to ensure that, in its paternalistic interventions aimed at improving its citizens' well-being, it does actually pursue the “right” agenda. It argues that the government can indeed raise the well-being of individuals who suffer from reasoning failure, even when allowance is made for possible reasoning failure among those individuals who constitute the government. However, democratic mechanisms must be put in place to ensure that the latter do not pursue their own agenda and turn the paternalistic state into an instrument of authoritarianism.

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

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