Why Is It So Difficult to Reform Collective Labour Law? Associational Power and Policy Continuity in Chile in Comparative Perspective

2020 ◽  
pp. 1-25
Author(s):  
Pablo Pérez Ahumada
Keyword(s):  
Collective Bargaining ◽  
Comparative Perspective ◽  
Labour Law ◽  
Pinochet Dictatorship

Abstract Since Chile returned to democracy in 1990, centre-left governments have tried to reform the provisions on collective bargaining, strikes and unions established by the Pinochet dictatorship. Between 2015 and 2016 President Michelle Bachelet made the latest attempt to reform them. Despite favourable conditions, the changes were modest. This article explains why this is so. Drawing upon the notion of ‘associational power’ and through comparisons with labour reforms in Argentina, Brazil and Uruguay, this article suggests that the imbalance between workers’ and employers’ collective power is key for explaining why pro-labour reforms fail.

Answers to the New trade union strategies for new forms of employment questionnaire

2019 ◽  
Vol 10 (3) ◽  
pp. 271-280
Author(s):  
Samuel Engblom ◽  
Magnus Lundberg
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Occupational Safety ◽  
Occupational Safety And Health ◽  
Comparative Perspective ◽  
Labour Law ◽  
Safety And Health ◽  
Health Regulations ◽  
Do So

The personal scope of Swedish labour law is almost exclusively defined by the concept of the employee. Few workers other than employees are covered. From a comparative perspective, the Swedish concept of employee is rather wide, and the exemptions from the personal scope are few. There are no intermediary categories between employees and self-employed workers, but the scope of e.g. some occupational safety and health regulations is extended to cover some self-employed workers. Swedish trade unions are allowed to organise self-employed workers and many unions do so. There are some examples of collective bargaining agreements covering or regulating the conditions of self-employed workers.

scholarly journals BARGAINING IN BAD FAITH IN SOUTH AFRICAN LABOUR LAW: AN ANTIDOTE?

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Fiona Leppan ◽  
Avinash Govindjee ◽  
Ben Cripps
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
South African ◽  
Good Faith ◽  
Bad Faith ◽  
Labour Law ◽  
International Labour Organisation ◽  
Labour Legislation ◽  
The Many ◽  
Labour Organisation

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals Vision d'une révision du Code du travail

2005 ◽  
Vol 20 (4) ◽  
pp. 901-934
Author(s):  
Pierre Verge
Keyword(s):  
Collective Bargaining ◽  
Third Party ◽  
Collective Agreement ◽  
Labour Law ◽  
Legal Rules ◽  
Third Party Intervention ◽  
General Law ◽  
Legal Provisions ◽  
Labour Standards ◽  
Substantive Law

Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.

Part III The Current International Law of State Immunity, 14 Immunity from Adjudication: The Employment Exception in respect of (1) A Foreign State and (2) An International Organization

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Collective Bargaining ◽  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Labour Law ◽  
National Courts ◽  
State Immunity ◽  
Foreign State ◽  
Standard Terms ◽  
Sick Pay

This chapter examines the exception for employment as it pertains to States and international organizations. Whilst the employment — its terms for performance, remuneration, including sick pay, overtime, and other benefits, notice and procedures for dismissal or termination — may be provided in an individual contract or imported from standard terms of employment or collective bargaining agreements, there may also be a considerable overlay of statutory or mandatory provisions that the national labour law imposes or in respect of which increasingly the forum State has assumed regional or international law obligations. There are also certain generally accepted practices relating to employment to be taken into account in considering the scope of the immunity of a foreign State and international organization as regards employment claims brought before the national courts of another State.

scholarly journals The floor of rights in European labour law

1970 ◽  
Vol 15 (3) ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Collective Bargaining ◽  
Labour Market ◽  
European Countries ◽  
Labour Law ◽  
Labour Market Flexibility ◽  
European Labour Law ◽  
The Way

Most European countries have legislated to provide a basic floor of rights which underpins collective bargaining. This article reviews the experiences of the major European countries and examines the way that the floor of rights is being extended. It also discusses the floor of rights in the context of the search for labour market flexibility.

scholarly journals Re-thinking the competition law/labour law interaction: Promoting a fairer labour market

2019 ◽  
Vol 10 (3) ◽  
pp. 291-333 ◽  
Author(s):  
Ioannis Lianos ◽  
Nicola Countouris ◽  
Valerio De Stefano
Keyword(s):  
Collective Bargaining ◽  
Labour Market ◽  
Competition Law ◽  
Labour Law ◽  
Legal Construction

The spread of non-standard forms of work, including platform work, has created some friction between labour law and competition law, in particular concerning the collective bargaining of self-employed workers. This article aims to suggest a different, complementary rather than antagonistic, relationship between competition law and labour law. It initially explores the legal construction of the antagonistic relation between labour law and competition law, which is based on the conceptualisation of the two areas of law as separate and isolated legal fields. It explains that such conceptualisation is problematic as it leads to the risk of fundamental conflicts between the two disciplines and some uncertainty as to their respective scope, with the result that the level of labour protection may suffer. This calls for breaking the dichotomy and for ensuring a continuum of protection for various forms of labour, under both labour law and competition law. It thus puts forward concrete suggestions as to the strategies to be followed in order to achieve this goal.

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