The Role of Trade Unions as a Subject of Social Partnership in the Settlement of Labor Disputes

2020 ◽  
Vol 9 (3) ◽  
pp. 967
Author(s):  
Asem M. RAKHIMOVA ◽  
Asel K. KAISHATAEVA
Keyword(s):  
Trade Unions ◽  
Occupational Safety ◽  
Social Protection ◽  
Safety Management ◽  
Collective Agreement ◽  
Labor Disputes ◽  
Social Partnership ◽  
Labor Legislation ◽  
Literary Sources

The most important actor of the system of social partnership are trade unions, which often act as democratic institutions of society. The aim of the study is to determine the role of trade unions as a participant in social partnership in the system of settlement of labor disputes in Kazakhstan, using the experience of foreign countries as an example, creating a mechanism for social protection of workers in the form of a balanced system of state and market regulators and strengthening the role of trade unions in the occupational safety management system. The following methods were used as methods of scientific research: analysis of literary sources, the study of regulatory legal acts, special legal, comparative legal. The author focuses on the problems faced by employees in resolving labor disputes. The labor legislation of Kazakhstan regulates the procedure for issuing acts of an employer, preparing a draft collective agreement, the procedure for resolving labor disputes, etc. All this should be conducted taking into account the opinion or in agreement with the representatives of employers, but today, as practice shows, all these procedures take place without proper coordination, especially in commercial enterprises with a non-state form of ownership. According to the author, the regulation of labor disputes is just the direction where there is close interaction between trade unions and the state is a clear manifestation of social partnership.

Forms and Methods of Protection of Citizens’ Rights in Social Support Sphere

2016 ◽  
Vol 4 (7) ◽  
pp. 0-0
Author(s):  
Алексей Гусев ◽  
Aleksey Gusev
Keyword(s):  
Social Support ◽  
Trade Unions ◽  
Social Protection ◽  
Specific Form ◽  
Labor Disputes ◽  
Legal Form ◽  
Civil Process ◽  
Labor Legislation ◽  
The Right ◽  
Self Protection

The article considers the categories “protection of the right to social support” and “social protection”, which, in the author’s opinion, should be differentiated. The author presents the approach to understanding protection of any right as a variant of realization of the right in a very specific form. The author analyzes forms of protection of the right to social support (jurisdictional (legal) form is presented as activities of the right protection bodies, envisaged by the statute, and interests, protected by the statute, and non-jurisdictional (non-legal) form — as application of measures by an authorized subject independently, without applying to any body); their typical methods, applied as part of a civil process through judicial recourse, and also through self-protection of the right to social support. The author considers variants of protection of citizens’ rights by trade unions, and through applying to the commission on labor disputes. The author notes discrepancies in covering the methods of right protection by the rules of the civil and labor legislation.

Mobilization without Movement: How the Chinese State “Fixed” Labor Insurgency

ILR Review ◽  
2018 ◽  
Vol 71 (5) ◽  
pp. 1029-1052 ◽  
Author(s):  
Patricia Chen ◽  
Mary Gallagher
Keyword(s):  
Collective Action ◽  
Qualitative Analysis ◽  
Labor Movement ◽  
Trade Unions ◽  
Economic Factors ◽  
Labor Disputes ◽  
Movement Theory ◽  
Labor Legislation ◽  
Chinese State ◽  
Organized Action

Drawing on a qualitative analysis of two recent labor disputes in Guangzhou and Shenzhen, this article asks: Why has a broad-based labor movement failed to emerge in contemporary China? Both pro-labor legislation and the existence of movement-oriented labor NGOs appear to provide opportunities and resources for workers to engage in organized action to expand workers’ rights. Two political mechanisms, however, help explain why a strong labor movement has not developed: 1) legislation and courtroom procedures and 2) official institutions that monopolize the space for representation—specifically the All-China Federation of Trade Unions (ACFTU). We call these two mechanisms “political fixes” and discuss how they interact to engender a feedback between the fragmentation of collective action during labor conflict and the continuous uptick in labor insurgency. This article contributes to labor movement theory: It puts greater emphasis on the institutional mechanisms that constrain labor, as opposed to sheer repression or economic factors.

Features of Legal Regulation of the Procedure for the Consideration of Labor Disputes in Kazakhstan

2020 ◽  
Vol 11 (1) ◽  
pp. 65
Author(s):  
Ainur Zhenisovna ISSAYEVA ◽  
Bolat Zholdasbekovich AITIMOV ◽  
Zhanat Amandykovna ISSAYEVA ◽  
Madina Koishibayevna ZHUSSUPBEKOVA ◽  
Saltanat Saidakhmetovna TINISTANOVA ◽  
...  
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Labor Organization ◽  
International Labor Organization ◽  
Minimum Level ◽  
Labor Disputes ◽  
Judicial Practice ◽  
Labor Legislation ◽  
International Labor ◽  
Conflict Resolutions

This study examined the experience of Kazakhstan, which created its own system of laws and regulations in the field of labor dispute problems, designed to protect the interests of workers and help ensure a minimum level for residents. The article identifies problems requiring study of issues on the application of labor legislation, development of recommendations for improving and taking measures to inform judicial practice in this category of cases. We have studied the activities of the International Labor Organization (hereinafter referred to as the MOT), which is the world agency of the United Labor Organization. Kazakhstan reports on labor issues, labor disputes, trade unions of workers, workers and others. Case studies show labor disputes, strikes by workers in the regions of Kazakhstan, as well as their solutions. The study makes recommendations of the following nature, when considering disputes regarding the recognition of  legal relations as labor, courts should distinguish between civil law relations and labor relations. The relevance of the research topic due to the need to develop and introduce new modern mechanism for resolving individual labor disputes, including pre-trial and non-judicial methods of conflict resolutions.

scholarly journals Separation of jurisdiction of the court of administrative and general jurisdiction in labor disputes

2020 ◽  
pp. 52-58
Author(s):  
K. Kropyvna
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Legal Regulation ◽  
Public Law ◽  
Labor Disputes ◽  
Effective Measure ◽  
Labor Legislation ◽  
Civil Proceedings ◽  
Legitimate Interests ◽  
Administrative Proceedings

The article deals with the issues of legal regulation of procedural relations, as well as the delimitation of the administrative process from civil-procedural activity on the subjects of consideration of labor disputes. It is emphasized that the problem of distinguishing material public law from private is always an important problem. Not all labor relations fall under the signs of private law, in which the rights, freedoms and interests of individuals are protected, but most of them are regulated by labor legislation, which is based on the legislation regulating private relations. However, there are relations that arise between state bodies and citizens governed by labor law, but their regulation falls within the sphere of public law. Disputes arising from these legal relationships are resolved by the administrative court. Protection of certain labor relations is also carried out with the application of administrative liability, cases concerning this are considered by a court of general jurisdiction. The author notes that the legislator provided for the protection of the rights and legitimate interests of workers by the competent authorities to apply measures of administrative coercion. After all, being the main method of administrative activity, persuasion is not always a very effective measure to influence the behavior of those who commit illegal acts. In this regard, the state, protecting the inviolability of the regulated labor relations of the person, his right to work and adequate remuneration, the legitimate interests of citizens, their teams, trade unions, the rights and responsibilities of owners of enterprises, institutions and organizations, authorizes employees authorities to apply coercion to those who are not influenced by persuasion and public influence. Administrative coercion is applied on the basis of persuasion, the means of influence of which have already been exhausted. One of the types of measures of administrative coercion used in the consideration of labor disputes in order to protect labor relations is administrative liability. Cases of this jurisdiction are considered by a court of general jurisdiction. The author defines the criteria for distinguishing between labor disputes, which belong to the competence of the administrative court (considered in administrative proceedings and regulated by the Code of Administrative Procedure of Ukraine) and general jurisdiction (considered in civil proceedings and regulated by the Labor Code).

scholarly journals The ILO and Transformation of Labour Law

2020 ◽  
pp. 17-49
Author(s):  
Ulla Liukkunen
Keyword(s):  
Trade Unions ◽  
Multinational Enterprises ◽  
Social Protection ◽  
Decent Work ◽  
Labour Law ◽  
Labour Rights ◽  
Contractual Arrangements ◽  
Labour Standards ◽  
International Labour Standards

Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

scholarly journals The Impact of the Management System on Developing Occupational Safety Awareness Among Employees

2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Marta SUKIENNIK ◽  
Patrycja BĄK ◽  
Mariusz KAPUSTA
Keyword(s):  
Occupational Safety ◽  
Safety Management ◽  
Management Systems ◽  
Hard Coal ◽  
Mining Company ◽  
Safety Awareness ◽  
Hard Coal Mining ◽  
The Subject ◽  
The Impact

This paper discusses the subject of occupational safety using the example of a leading hard coal mining company in Poland. It presentssome examples of occupational safety management systems implemented and functioning in enterprises. It also characterisesthe role of awareness in developing the appropriate attitudes and conduct among employees in the workplace. The paper presentsthe selected results of surveys conducted among the executive employees of JSW S.A. The obtained results served as the basis forpreparing preliminary conclusions and identifying potential areas for further studies in this field.

Introduction: the crisis and austerity neoliberalism

2020 ◽  
pp. 1-18
Author(s):  
David Etherington
Keyword(s):  
Social Movements ◽  
Trade Unions ◽  
Social Protection ◽  
Industrial Relations ◽  
Welfare Regimes ◽  
Employment Relations ◽  
Left Behind ◽  
Employment Rights ◽  
Work First

The chapter provides an overview of the key arguments and structure to the book. Of central importance is to understand austerity as a class strategy involving labour discipline through attacks on social protection and employment relations. Central to the book’s argument is the need to understand the geographical nature of labour inequalities and impacts of austerity cuts in the ‘left behind’ regions. The chapter highlights the way industrial relations and employment relations inter link as Work first policies undermine employment rights and reinforce labour market insecurity and inequality. The chapter briefly outlines the role of agency and the capacities of trade unions and social movements to negotiate and resist austerity are seen as crucial to an understanding of the contemporary welfare and employment crisis. The origins of the book is outlined, arising from previous comparative work on the Danish welfare and employment model which provides relevant lessons when discussing the link between labour and social movements and welfare regimes and alternatives to neoliberalism

From “Iron Rice Bowl” to Labor Market in Two Decades: Changing Workplace Relations in the People's Republic of China on the Eve of WTO Entry

2002 ◽  
Vol 2 (2) ◽  
pp. 7-35
Author(s):  
Sek-Hong Ng ◽  
Malcolm Warner
Keyword(s):  
Labor Market ◽  
Trade Unions ◽  
State Agencies ◽  
Open Door ◽  
Republic Of China ◽  
Employment System ◽  
Labor Legislation ◽  
Workplace Relations ◽  
Chinese Trade

This article examines how management-labor relations and labor legislation have evolved in China since Deng Xiaoping's “Open Door” reforms were introduced in 1979 and how they have changed over the two decades since then. We reconsider the role of Chinese trade unions, enterprises and the state agencies involved, as they move from an employment system that was once called the “iron rice bowl” to a new one based on market forces. This change raises serious dilemmas and issues: are there contradictions between preserving workers' rights and at the same time, enhancing productivity? Does such a transition constitute the onset of “collective bargaining” and a labor-market in the Western sense? How are such shifts likely to be affected by China's entry into the WTO in late 2001? These and other related questions are analysed in the article.

scholarly journals Features of legal regulation of labor in the member states of the Eurasian Economic Union

2021 ◽  
Vol 128 ◽  
pp. 06010
Author(s):  
T.A. Izbienova ◽  
A.B. Vaiman ◽  
S.M. Sagitov
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Public Authorities ◽  
Social Partnership ◽  
Eurasian Economic Union ◽  
Labor Legislation ◽  
Economic Association ◽  
Legislative Framework ◽  
Economic Union ◽  
The Right

In 2015, a new international integration economic association, the Eurasian Economic Union (hereinafter referred to as the EAEU), appeared on the economic and legal map of the world. Each member state of the EAEU, after gaining independence, as a result of the collapse of the USSR, independently formed a legislative framework in the field of labor, developed regulatory legal acts. Differences in the regulatory framework of the EAEU states, in particular, in the field of labor law, and their mutual economic integration, need to be compared in order to develop common principles, unification and harmonization of national legislation. In this regard, the article, based on the analysis of national labor legislation, assessed the prospects for regulating individual and collective labor relations and formulated conclusions on legal approaches to regulating social partnership relations, on the principles of the creation and functioning of trade unions and employers’ associations in the EAEU countries. In particular, the trade unions of the post-Soviet republics that are part of the EAEU have completely lost the right of legislative initiative, which corresponds to global practice. Currently, they can only make proposals for the adoption, amendment of regulations related to their area of competence. The position of trade unions as social partners on the adoption and amendment of labor legislation has ceased to be mandatory, and is often not taken into account by employers and public authorities.

scholarly journals Republic of Moldova: Diaspora and Diaspora Policy

2014 ◽  
Vol 14 (2) ◽  
pp. 150-173 ◽  
Author(s):  
Valeriu Mosneaga
Keyword(s):  
Trade Unions ◽  
Social Protection ◽  
National Level ◽  
Circular Migration ◽  
Labor Migrants ◽  
Republic Of Moldova ◽  
Cultural Rights ◽  
The Social ◽  
Diaspora Policy

Abstract Republic of Moldova: Diaspora and Diaspora policy. In this article the Moldovan Diaspora and Moldova’s policy regarding Diasporas phenomena are researched. The historical and the contemporary contexts of formation of Moldovan Diasporas are revealed. The roles of Moldovan citizens’ labor migration, as well as the formation of Moldovan communities and Diasporas abroad are analyzed. The main directions of Moldova’s Diaspora policy are shown: visa free regime and readmission; mobility and circular migration; juridical and social protection of Moldovan migrants abroad; the return and reintegration of Moldovan labor migrants into their homeland’s society. The role of state bodies in the development and implementation of migration policies on a national level is analyzed; the institutional changes and role of the Bureau for the Relations with Diaspora in the coordination of Moldovan state structures’ activity towards working with the Moldovan Diaspora is demonstrated. The role of non-state actors (migrant associations, Diaspora congresses, the church, trade unions, and other) in maintaining of language, culture, traditions, Moldovan identity, in the social and economical development, and Moldova’s cooperation with the accepting country are revealed. The state’s activity in protecting and respecting the political, socioeconomical, and cultural rights of Moldovan emigrants is characterized

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