The social partners as actors in new labour law legislation in Sweden

2022 ◽  
pp. 203195252110688
Author(s):  
Carin Ulander-Wänman
Keyword(s):  
Public Support ◽  
New Labour ◽  
The State ◽  
Employment Protection ◽  
Collective Agreement ◽  
Labour Law ◽  
The Social ◽  
Social Partners ◽  
The Government ◽  
Law Regulation

This article focuses on the importance of the social partners in new labour law regulation where there is a weak parliamentary majority. The prevailing view in Sweden is that labour law regulation must be modernised as both companies and employees need improved opportunities in order to be able to adapt to changing conditions in the labour market. A Government inquiry and negotiations between the social partners in the private sector focused on these issues. The social partners reached two agreements: a Principle Agreement, including demands that the state provide new labour law regulation; and a Basic Agreement, which is a collective agreement about security, transition and employment protection. The Swedish Government decided to modernise the Swedish Employment Protection Act (LAS) 1 in line with the social partners’ suggestions. The government proposal covers three important labour law areas: (1) changes to the Swedish Employment Protection Act; (2) new state-financed public support for skills development; and (3) a new public transition organisation to provide basic transition support for employees not covered by a collective agreement. This article shows that the social partners have great power over new legislation and can create stability in labour law regulation in Sweden for the future. The government’s proposal implies that new regulation has moved from the provision of employment protection depending on length of service to better transition conditions for employees, and that the state is to take financial responsibility for the lifelong learning of professionals.

scholarly journals A kollektív munkaszerződés szabályozásának problémái Romániában

2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek
Keyword(s):  
Collective Bargaining ◽  
Bargaining Power ◽  
Collective Agreement ◽  
Labour Law ◽  
Drastic Reduction ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
Definition Of

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

Schwäche der Tarifautonomie und Legitimitätsfragen im Arbeitsrecht und im Sozialrecht

2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth
Keyword(s):  
Social Security ◽  
Minimum Wage ◽  
Trade Unions ◽  
System Change ◽  
State Regulation ◽  
The State ◽  
Social Security Administration ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.

Les chefs de cabinets ministériels au Québec: la transition du gouvernement libéral au gouvernement péquiste (1976–1977)

1981 ◽  
Vol 14 (2) ◽  
pp. 309-335 ◽  
Author(s):  
Micheline Plasse
Keyword(s):  
Decision Making ◽  
Civil Service ◽  
The State ◽  
Comparative Perspective ◽  
Decision Making Process ◽  
The Social ◽  
Economic Forces ◽  
The Government

This article first presents a brief survey of the role and functions filled by the personal aide (chef de cabinet) of a minister in Quebec. The analysis continues, in a comparative perspective, by tracing a sociological and professional portrait of the Liberal“chefs de cabinet” in April 1976 and their successors in the pequiste government in July 1977.We then test the hypothesis that the cleavage between the government and the dominant economic forces has increased since November 15, 1976 as a result of the ideology articulated by the“chefs de cabinet” regarding the social and economic aims of the state. This hypothesis was confirmed.The hypothesis that the pequiste“chefs de cabinet” exercise a more pronounced influence on the decision-making process is also confirmed. Nevertheless, one cannot argue that the pequiste“chefs de cabinet” usurped the power of the legislators; their influence is more political than technocratic. The growing influence of the pequiste“chefs de cabinet” neverthelsss helps to accentuate the tensions and conflicts between the higher civil service and the ministerial aides.

Discursive Democracy and New Labour: Five Ways in Which Decision-Makers Manage Citizen Agendas in Public Participation Initiatives

2004 ◽  
Vol 9 (3) ◽  
pp. 1-17 ◽  
Author(s):  
Mike Williams
Keyword(s):  
Public Participation ◽  
Policy Making ◽  
Local Authority ◽  
Public Support ◽  
Final Analysis ◽  
New Labour ◽  
Decision Makers ◽  
The Public ◽  
Labour Policy ◽  
The Government

New Labour's conceptualisation of public participation in local government creates a tension in public participation practice. Government legislation and guidance require local authorities to develop and provide citizen-centred services, engage the public in policy-making and respond to the public's views. Seen in this light, New Labour policy draws from radical democratic discourse. However, local authority staff are also expected to act in accordance with the direction set by their line managers, the Council and the government and to inform, engage and persuade the public of the benefit of their authority's policies. In this respect, New Labour policy draws from the discursive model of civil society, conceptualising public participation as a method for engendering civil ownership of the formal structures of representative democracy. Tension is likely to arise when the ideas, opinions and values of the local authority differ from those expressed by the participating public. This paper uses a local ‘public participation’ initiative to investigate how the tension is managed in practice. The study shows how decision-makers dealt with the tension by using participatory initiatives to supply information, understand the views of the public and encourage public support around pre-existing organisational agendas. Problems occurred when citizens introduced new agendas by breaking or manipulating the rules of participation. Decision-makers responded by using a number of distinctive methods for managing citizens’ agendas, some of which were accompanied by strategies for minimising the injury done to citizens’ motivations for further participation. The paper concludes that New Labour policy fails to deal with the tensions between the radical and discursive models of participation and in the final analysis draws mainly from the discursive model of participation. Furthermore, whilst New Labour policy promotes dialogue between the public and local authority, it does not empower local authority staff to achieve the goal of citizen-centred policy-making.

scholarly journals GEOGRAFIA POLÍTICA E O SETOR MINERAL: as proposições legislativas que impactam a gestão dos territórios com mineração no estado do Pará – 2011 a 2016

2018 ◽  
Vol 4 (12) ◽  
pp. 45
Author(s):  
Luana Faria Medeiros
Keyword(s):  
Social Relations ◽  
The State ◽  
The Political ◽  
Conflicts Of Interests ◽  
Political Aspect ◽  
Mineral Sector ◽  
The Social ◽  
Politica Publica ◽  
Toma De Decisiones ◽  
The Government

POLITICAL GEOGRAPHY AND THE MINERAL SECTOR: the legislative propositions that impact the management of the territories with mining in the state of Pará – 2011 to 2016GEOGRAFÍA POLÍTICA Y EL SECTOR MINERO: las proposiciones legislativas que impactan la gestión de los territorios con la minería en el estado de Pará – 2011 a 2016O presente trabalho tem o objetivo de resgatar o campo da política na Geografia, no contexto da atividade mineral no estado do Pará, principalmente diante de vários entendimentos de que os conflitos de interesses nas sociedades e nos territórios se resolvem também pelo viés político; partindo de uma leitura teórica do conceito de território, poder e política, onde essa tríade será determinante para o entendimento das proposições legislativas dos anos de 2011 a 2016 voltadas para a mineração, e da análise da gestão política e territorial no setor mineral paraense e seus impactos na sociedade a partir das políticas públicas. A relevância da pesquisa está no aspecto político que envolve a tomada de decisão que é essencialmente importante nas relações sociais de poder do Governo do Estado do Pará que, materializadas, causam impactos no território com mineração, sobretudo na utilização da taxa mineral, instrumento regulador de ação no território.Palavras-chave: Território; Poder; Política; Mineração.ABSTRACTThe present work aims to redeem the field of politics in geography, in the context of the mineral activity in the state of Pará, mainly faced with various understanding that conflicts of interests in societies and territories also resolve by bias Political; Starting from a theoretical reading of the concept of territory, power and politics, where this triad will be decisive for the understanding of the legislative propositions of the years of 2011 to 2016 focused on mining, and the analysis of the political and territorial management in the mineral sector Pará and Its impacts on society from public Policy. The relevance of the research is in the political aspect which involves the decision making which is essentially important in the social relations of the Government of the state of Pará that, materialized, cause impacts on the territory with mining, especially in the use of the mineral rate, Action-regulating instrument in the territory.Keywords: Territory; Power; Policy; Mining.RESUMEN El presente trabajo pretende redimir el campo de la política en geografía, en el contexto de la actividad minera en el estado de Pará, frente principalmente a diversos entendimientos de que los conflictos de intereses en sociedades y territorios también se resuelven por sesgo Política. A partir de una lectura teórica del concepto de territorio, poder y política, donde esta tríada será decisiva para la comprensión de las proposiciones legislativas de los años de 2011 a 2016 se centró en la minería, y el análisis de la gestión política y territorial en el sector minero de Pará y Sus impactos en la sociedad de la política pública. La relevancia de la investigación está en el aspecto político que implica la toma de decisiones que es esencialmente importante en las relaciones sociales del gobierno del estado de Pará que, materializadas, causan impactos en el territorio con la minería, especialmente en el uso de la tasa mineral, Instrumento de regulación de la acción en el territorio.Palabras clave: Territorio; Poder; Política; Minería.

scholarly journals Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine

2021 ◽  
Vol 80 (1) ◽  
pp. 130-138
Author(s):  
Т. П. Голопич ◽  
І. М. Голопич
Keyword(s):  
Labor Law ◽  
Practical Experience ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Collective Agreement ◽  
Social Partnership ◽  
Social Dialogue ◽  
The Social ◽  
Contractual Relations

Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed. It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management. Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels. It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.

scholarly journals Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals NEGARA DAN KEPEMIMPINAN DALAM PEMIKIRAN ALFARABI

2017 ◽  
Vol 14 (2) ◽  
pp. 283
Author(s):  
Imam Sukardi
Keyword(s):  
Political Thought ◽  
The State ◽  
Human Organism ◽  
Ideal State ◽  
Political Concept ◽  
The Social ◽  
Original Works ◽  
Universal Values ◽  
The Government ◽  
The Ideal

The political concept of Alfarabi is derivated from the concept of Platonic, Aristotelian, and Islam. The ideal state is the state which is elaborated the universal values of humanism, not just limited to certain ethnic and nation which is emphasizing its obedience just to God, not the something else. In this paper, the writer tried to interpret the original works of Alfarabi which is directly related to his political thought and the other thinkers who are studying his political thought. In his political thought, Alfarabi emphasized that the main purpose of the state is to make the social-welfare for its citizens. Based on the organic theory, Alfarabi stated that the government of the state is just look-like the human organism system. In which, each of the existing element functioned to strengthen each other to achieve one goal. The ideal state for Alfarabi is the state which is having the goals for its citizen welfare, and who become the prime leader is a philosopher, who is having the prophetic character, having the wider knowledge, and able to communicate with al 'aql al fa’al trough al ‘aql mustafad. 

Digital collaborative platforms: A challenge for both the legislator and the social partners in the Nordic model

2020 ◽  
Vol 11 (2) ◽  
pp. 142-153 ◽  
Author(s):  
Annamaria Westregård
Keyword(s):  
Social Security ◽  
Labour Market ◽  
Working Conditions ◽  
New Economy ◽  
Labour Law ◽  
Collective Agreements ◽  
Employment Conditions ◽  
The Social ◽  
Social Partners ◽  
Security Regulations

This paper focuses on the specific problems in the labour and social security legislation as it relates to crowdworkers in the digitalised new economy, analysing their place in labour market, and especially in the collective agreements which are the standard means of regulating working conditions in the Nordic model. Sweden has a binary system where a performing party is as either an employee or self-employed. The law on working and employment conditions offers only limited protection to those on short, fixed-term contracts; instead, it is social partners that have improved crowdworkers’ conditions in some industries by using collective bargaining. However, there are no collective agreements in the digital economy, or indeed for platform entrepreneurs. The complications of the parties’ positions will be analysed, especially as platforms do not consider themselves to be employers, but rather coordinators of the self-employed. It is not only labour law regulations that are important to prevent precariat among crowdworkers. It is also very important that the social security regulations adapt to the new labour market as the social security legislation is an important part of the Nordic model.

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