scholarly journals Orientasi Pengaturan Organisasi Serikat Buruh atau Serikat Pekerja Dalam Konteks Hukum Nasional

2019 ◽  
Vol 2 (4) ◽  
pp. 661-671
Author(s):  
Suhartoyo Suhartoyo
Keyword(s):  
Labor Unions ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Financial Assistance ◽  
Labor Organizations ◽  
Organizational Activities

Abstract The research aims to determine the organization of labor organizations in the context of national law in Indonesia. The results of the study show that trade union organizations that can represent workers/laborers in dispute in the Industrial Relations Court are trade unions that have fulfilled the requirements for the formation of trade unions and who have made notice and record to the labor agency, this provision is technically clarified in Decree of the Minister of Manpower and Transmigration No. 16 of 2001 Article 2 to Article 10 which provides an explanation of two basic things, namely: Written notification to the local manpower agency if a trade union / labor union has been formed Written notification to its partners (in accordance with its level) after receiving number of registration evidence, written notification to the new local manpower agency in accordance with the transfer of domicile of the trade union / labor union, written notification to the labor agency that provides the number of registration evidence if there is a change in the Articles of Association / By-Laws, Written notification to local labor agencies for trade unions/labor unions that receive financial assistance from overseas for organizational activities, Written notification to local labor agencies for trade unions/labor unions that have been disbanded to revoke registration records . Keywords: Labor organizations, Employment, National Law Abstrak Penelitian bertujuan untuk mengetahui pengaturan organisasi buruh dalam konteks hukum nasional di Indonesia. Hasil penelitian menujukan bahwa Organisasi serikat pekerja/buruh yang dapat mewakili pekerja/buruh yang bersengketa di Pengadilan Hubungan Industrial adalah serikat pekerja/buruh yang telah memenuhi syarat pembentukan serikat pekerja/buruh dan yang telah  melakukan pemberitahuan dan pencatatan kepada instansi ketenagakerjaan, ketentuan ini secara teknis diperjelas dalam Keputusan Menteri Tenaga Kerja Dan Transmigrasi No 16 Tahun 2001 Pasal 2 hingga Pasal 10 yang memberikan penjelasan dua hal mendasar yakni: Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat bila serikat pekerja/serikat buruh telah terbentuk Pemberitahuan tertulis kepada mitra kerjanya (sesuai tingkatannya) setelah mendapat nomor bukti pencatatan, Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat yang baru sesuai melakukan perpindahan domisili serikat pekerja/serikat buruh, Pemberitahuan tertulis kepada instansi ketenagakerjaan yang memberikan nomor bukti pencatatan bila terjadi perubahan anggaran dasar/anggaran rumah tangga, Pemberitahuan tertulis kepadan instansi ketenagakerjaan setempat bagi serikat pekerja/serikat buruh yang menerima bantuan keuangan dari luar negeri untuk kegiatan organisasi, Pemberitahuan tertulis kepada instansi ketenagakerjaan setempat bagi serikat pekerja/serikat buruh yang telah bubar untuk dicabut tanda bukti pencatatan. Kata Kunci: Organisasi buruh, Ketengakerjaan, Hukum Nasional

West German Trade Unions

1956 ◽  
Vol 8 (4) ◽  
pp. 484-514
Author(s):  
Otto Kirchheimer
Keyword(s):  
Labor Unions ◽  
Trade Union ◽  
Trade Unions ◽  
Critical Period ◽  
German Trade ◽  
Labor Organizations

THE German labor unions are presently passing through a critical period. The outward portents of the crisis are clearly visible. The membership of the Deutsche Gewerkschaftsbund (DGB—German Trade Union Federation), which continued to climb regularly until 1952, is now stationary or, viewed in proportion to employment figures, slightly on the decline. Union headquarters ring with controversies between factions and personalities. The recent, predominantly Catholic, split-off from the DGB threatens to enlarge the hitherto minor area of rival or dual unionism; even a moderate enlargement of this sort would probably lead to an increase (as it did in France) in the indifference of the majority of workers toward all labor organizations.

scholarly journals Implementation of Article 87 Law Number 2 of 2004 Concerning Resolution of Industrial Relations in the Court of Industrial Relations in Article of the Republic of Indonesia

2020 ◽  
Vol 2 (3) ◽  
pp. 198-211
Author(s):  
Setia Permana ◽  
T. Subarsyah ◽  
Evita Firdatunnisa
Keyword(s):  
Labor Unions ◽  
Trade Unions ◽  
Labor Union ◽  
Industrial Relations ◽  
Legal Counsel ◽  
Legal Norms ◽  
Positive Law ◽  
The Supreme Court ◽  
The Republic ◽  
Legal Consequences

The formulation of article 87 of Law Number 2 of 2004 in its implementation still requires firmness to provide certainty that what is meant by trade unions / labor unions that can become legal counsel to proceed at the Industrial Relations Court to represent their members are trade unions / labor unions located in in the company or including labor unions / labor unions outside the company. The purpose of this study is to describe / describe the rights and authority of trade unions / labor unions as legal counsel in the process of resolving industrial relations disputes along with descriptions (describing) the legal consequences related to the rights and authority of trade unions / labor unions .The type of research used is normative law which is intended to examine the provisions of positive law. The method of approach used in this study is the approach: normative law, which examines the legal norms that apply, both in the form of laws, implementing regulations and other regulations that have links with the issues discussed in the study. Settlement of industrial relations disputes can be done through resolutions outside the Industrial Relations Court (Non-Litigation) and in the Industrial Relations Court (Ligitation). Implementation of Article 87 of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, in the Decision of the Supreme Court of the Republic of Indonesia Number 933K / PDT.SUS / 2009 dated May 5, 2010 and Number 488K / PDT.SUS / 2012 dated October 22, 2012, referred to as trade unions / labor unions has a legal standing representing its members proceeding in the Industrial Relations Court is a trade union / labor union both inside and outside the company.

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

scholarly journals Trade Union Practices in the EU and Latvia: Experience for Eastern Partnership Countries

2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Comparative Approach ◽  
Eastern Partnership ◽  
The Public ◽  
Social Dialogue ◽  
Eastern Partnership Countries ◽  
The Eu

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.

Purging the Trade Unions

2020 ◽  
pp. 343-373
Author(s):  
Ewing Mahoney
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Regulation ◽  
Service Trade ◽  
Public Sector Employment ◽  
Legal Foundations ◽  
Legal Position

This chapter looks at government attempts to ban trade unions, considering the steps that were taken in lieu of an outright ban on trade union membership. Consistently with other measures taken at the time under the cover of security, government intervention to deal with the alleged menace of Communist infiltration of the civil service trade unions did not take the form of legislation. The legal position reflected both the lack of legal regulation of industrial relations generally and the lack of legal regulation of public-sector employment in particular. In practice, governments rarely needed to reveal or justify the legal foundations for their actions. The benefit for government is that although security policies might well be announced and made public, there would be little accountability thereafter if operated unobtrusively.

scholarly journals Brazilian Trade Unions

2009 ◽  
Vol 64 (2) ◽  
pp. 250-269 ◽  
Author(s):  
Karen Lang ◽  
Mona-Josée Gagnon
Keyword(s):  
Case Studies ◽  
Trade Union ◽  
Trade Unions ◽  
Union Leader ◽  
Industrial Relations ◽  
Daily Activities ◽  
Heavy Body ◽  
Labour Relations ◽  
Trade Unionism ◽  
Labour Legislation

Many analysts of Brazilian industrial relations share a determinist vision of the country’s trade unionism, according to which the unions maintain a paradoxical yet atavistic relationship with the heavy body of laws that provide them with advantages while limiting their freedom. We tested this vision by conducting field enquiries into the daily activities of two Brazilian unions: the ABC Metalworkers Union and the Seamstress Union for the Sao Paulo and Osasco Region. In this article, we present the results of our case studies and what they reveal about Brazilian trade unionism’s relationship with the labour legislation. We also briefly discuss former trade union leader and current President Lula’s recent attempts to reform the country’s labour relations system.

Trade Unions and the Quadripartite Interactions in Strike Settlement in China

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen
Keyword(s):  
Conflict Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Chinese Government ◽  
Labour Relations ◽  
Mediating Role ◽  
Social Basis ◽  
Low Degree ◽  
The Government

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.

scholarly journals Institutional resources as a source of trade union power in Southern Europe

2017 ◽  
Vol 24 (2) ◽  
pp. 129-143 ◽  
Author(s):  
Mike Rigby ◽  
Miguel Ángel García Calavia
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Recent Literature ◽  
Industrial Relations ◽  
Southern Europe ◽  
Union Power ◽  
Market Outcomes ◽  
Institutional Resources ◽  
Labour Market Outcomes ◽  
Southern European Countries

Institutional resources are one of the sources of power available to trade unions, but recent literature has tended to pay less attention to these than to associational and organizational resources. We examine institutional resources in three Southern European countries, Greece, Portugal and Spain, which share many common characteristics. However, the character of institutional resources in Spanish industrial relations is distinctive. We examine the plasticity of industrial relations institutions in Spain in terms of labour market outcomes but argue that institutional security is an essential platform for unions seeking to develop other sources of power.

Managerial Trade Unionism

1983 ◽  
Vol 25 (2) ◽  
pp. 140-152 ◽  
Author(s):  
Alan Arthurs
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Balance Of Power ◽  
Government Policies ◽  
Union Activity ◽  
Trade Unionism

The development of trade unionism amongst managers poses a challenge to traditional conceptions of industrial relations. This paper discusses government policies towards managerial unionism and the justifications which have been put forward for restricting the trade union activity of managers. It argues that concern about managerial unionism is built upon three main assumptions: (a) managers will be faced with conflicting loyalties and placed in the impossible position of attempting to satisfy the contradictory demands of employer and union; (b) the unionisation of managers will lead to an unacceptable shift in the balance of power from employers towards trade unions; (c) the presence of managers will compromise the independence of trade unions. The conclusion is reached that the limitations which many governments place upon managerial unionism are based upon assumptions which, although not entirely without foundation, are generally incorrect.

scholarly journals Borders, Labour Impacts, and Union Responses: Case of Spain

Refuge ◽  
1969 ◽  
Vol 26 (2) ◽  
pp. 29-40
Author(s):  
Luke Stobart
Keyword(s):  
Trade Union ◽  
Migrant Workers ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Protection ◽  
Border Control ◽  
Migrant Labour ◽  
Institutional Frameworks ◽  
Spanish Research ◽  
Employment Sectors

Spain is an acute example of severe yet permissive border control where institutional frameworks ensure that migrant labour inexpensively fills existing labour shortages and highly exploitative “niches,” while aiding a broader flexibilization strategy. Through a review of mainly Spanish research by trade union, industrial relations, and immigration specialists on three major migrant employment sectors, the article shows that impacts on employment and wage levels have been limited, despite claims to the contrary, although they have been deeper in those employment sectors with reduced legal protection and union organization. It concludes that while the Spanish case gives support to the No Borders position, it also exposes the need for greater engagement with migrant workers by the trade unions and rejects the major Spanish union federations’ recent advocacy of “controlled immigration.”

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