scholarly journals Kai kurios kolektyvinio sutartinio darbo santykių reguliavimo problemos Rusijoje

Teisė ◽  
2008 ◽  
Vol 69 ◽  
pp. 22-36
Author(s):  
Никита Лютов
Keyword(s):  
Collective Bargaining ◽  
Dispute Resolution ◽  
Legal Status ◽  
Collective Agreement ◽  
Union Democracy

Straipsnyje analizuojama kolektyvinio sutartinio darbo santykių reguliavimo situacija Rusijoje. Ypatin­gas dėmesys skiriamas kolektyvinių sutarčių teisiniam statusui ir ginčų, kylančių nevykdant šių sutarčių, nagrinėjimo ypatumams. Straipsnyje taip pat analizuojama menko darbuotojų jungimosi į profesines sąjungas problema bei kritikuojama Rusijoje esama teisinė situacija, sukurianti pagrindą diskriminuoti mažas, nedaug narių turinčias profesines sąjungas. This article focuses on certain problems of collective bargaining legislation in Russia. First issue under discussion is the vague legal status of collective agreement leading to problems of conflicting dispute resolution procedures concerning the application of the agreements. Other problem is the scope of the agreement which currently discourages workers from joining the union. Author further criticizes the ab­sence of norms concerning the union democracy and inter-union relations and collective bargaining procedures that lead to the discrimination of minority unions.

The Mandatory-Permissive Distinction and Collective Bargaining Outcomes

ILR Review ◽  
1989 ◽  
Vol 42 (4) ◽  
pp. 566-583 ◽  
Author(s):  
John Thomas Delaney ◽  
Donna Sockell
Keyword(s):  
Collective Bargaining ◽  
Laboratory Experiment ◽  
Legal Status ◽  
Experiment Data ◽  
Potential Impact ◽  
Union Contract

The authors use union contract and laboratory experiment data to assess whether the distinction between mandatory and permissive bargaining subjects affects collective bargaining outcomes. In general, the findings suggest that the distinction has an impact. The contract analysis suggests that bargaining differs across contracts that include permissive items and contracts that exclude permissive items. Further, an analysis of the potential impact of the distinction in a controlled setting indicates that unions negotiate less favorable nonwage bargaining outcomes when an issue's legal status is permissive or unknown than when it is mandatory.

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.

Not a Penny off the Pay, Not a Second on the Day: Long-term Wage Settlement at Hindustan Aeronautics Limited

2021 ◽  
pp. 097226292110331
Author(s):  
Girish Balasubramanian ◽  
Lalatendu Kesari Jena
Keyword(s):  
Collective Bargaining ◽  
Dispute Resolution ◽  
Good Case ◽  
Relative Disadvantage ◽  
Wage Settlement ◽  
Legislative Framework ◽  
Industrial Disputes

This case study presents the delicately poised situation of the workers who were on strike, demanding better wages from their employer, during wage negotiations in India. It highlights the dispute resolution mechanisms, the rubric to evaluate the strike as well as whether wages are to be paid for the duration of the strike period within the framework of the Industrial Disputes Act, 1947, of India. This case study is based on the strike, which occurred in September 2019, during the wage settlement at Hindustan Aeronautics Limited (HAL). It is developed completely from secondary and publicly available reports and information. The researchers have used the specific legislative framework of Industrial Disputes Act, 1947, of India to understand certain practical aspects of the applications of the legislation. The major issues highlighted in this specific case study are the process outlined for the workers to go on a strike, rubric to evaluate a strike and whether wages are to be paid for the duration of the strike period. It is also a good case study to explore the strategies for effective collective bargaining when one is at a relative disadvantage as opposed to their opponents.

Judicial Conciliation and Mediation: Correlation Problems and Development Prospects

2021 ◽  
Vol 7 ◽  
pp. 35-44
Author(s):  
S. I. Pervukhina ◽  
Keyword(s):  
Dispute Resolution ◽  
Legal Status ◽  
Legal Framework ◽  
Negative Effect ◽  
And Function ◽  
Further Development ◽  
Goals And Objectives ◽  
Role And Function ◽  
Development Prospects

This article is dedicated to the issue of the correlation between judicial conciliation and mediation. The author compares these two conciliatory procedures according to the following criteria: organizational and legal framework, key goals and objectives; legal status of the person assisting the parties in resolving the dispute and their role and function/competence in the procedure; the peculiarities of the procedural form; the court role in organizing and performing conciliatory procedures after a trial being initiated. As a result of the comparison, the author comes to the conclusion that judicial conciliation and mediation are overlapping, which may have the negative effect on the development of the amicable dispute resolution as a legal institute. The author formulates the suggestions regarding the further development of the judicial conciliation model in order to attract the disputing parties' interest to this procedure and to raise its efficiency as the judicial load optimizing instrument.

Assessing the Effectiveness of Florida's Impasse Resolution Procedures: A Survey of Public Sector Practitioners

1988 ◽  
Vol 17 (3) ◽  
pp. 253-260 ◽  
Author(s):  
Kenneth M. Jennings ◽  
Steven K. Paulson ◽  
Steven A. Williamson
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Dispute Resolution ◽  
Public Employees ◽  
Regression Analyses ◽  
Perceived Effectiveness ◽  
Frequency Distributions ◽  
The Public ◽  
The Right ◽  
Impasse Resolution

Public employees in Florida have been permitted by law since 1974 to engage in collective bargaining with their employers. Along with the right to engage in collective bargaining, the law established a dispute resolution process for resolving bargaining impasses in lieu of the strike, which was strictly prohibited. This law also established the Public Employees Relations Commission (PERC), which was created to oversee the process. The present study was designed to evaluate the effectiveness of the present impasse procedure as perceived by the concerned parties. This study was exploratory in nature and designed to provide PERC and thus the Florida Legislature with the documentation required for review of the present law. A total of 1,150 questionnaires were mailed to union representatives and public employers. A 45 percent return rate was achieved. The return was approximately equally divided between the unions and the employers. Frequency distributions of these responses and regression analyses are presented and conclusions are drawn as to the perceived effectiveness of the process.

German pacts for employment and competitiveness Concessionary bargaining as a reaction to globalisation and European integration?

2005 ◽  
Vol 11 (1) ◽  
pp. 026-044 ◽  
Author(s):  
Heiko Massa-Wirth ◽  
Hartmut Seifert
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Institutional Factors ◽  
Collective Agreement ◽  
Work Organisation ◽  
Social Partnership ◽  
The Social ◽  
Social Partners ◽  
Time Work ◽  
Works Council

This contribution deals with company-level pacts for employment and competitiveness (PECs) under the German collective bargaining system. Due to the introduction of collectively agreed opening clauses and the associated decentralisation of the collective bargaining system, the social partners at the company level now have greater opportunities to negotiate company-specific adjustments in the areas of compensation and working conditions. Currently, in return for – generally fixed-term – employer guarantees concerning location and job preservation, PECs have been negotiated in about one in four companies with a works council. The new ‘pacts’ increase internal flexibility in the firm by extending the leeway for a flexible adjustment of working time, work organisation and remuneration. A survey of works councils, conducted by the WSI, provides understanding of the economic and institutional factors which influence the spread and composition of these concessionary agreements. Alongside a commitment to social partnership on the management side, the presence of a sectoral collective agreement is an important prerequisite for ensuring, first of all, that the employer agrees to employment guarantees in exchange for the employee concessions and, secondly, that these management pledges are actually observed in practice.

scholarly journals BREACH OF A COLLECTIVE AGREEMENT: DOES THE LRA PROVIDE A REMEDY IN SECTION 24? Minister of Safety and Security v Safety and Security Sectoral Bargaining Council [2010] 6 BLLR 594 LAC

Obiter ◽  
2021 ◽  
Vol 32 (3) ◽  
Author(s):  
Adriaan van der Walt ◽  
Glynis van der Walt
Keyword(s):  
Dispute Resolution ◽  
Case Note ◽  
Collective Agreement ◽  
Labour Relations ◽  
Appeal Court

In a recent judgment of the Labour Appeal Court the application of section 24 of the Labour Relations Act (66 of 1995, hereinafter “the LRA”) was considered, and curtailed. In this case note the judgment of Minister of Safety and Security v Safety and Security Sectoral Bargaining Council ([2010] 6 BLLR 594 LAC, hereinafter “Minister of Safety and Security”) is evaluated. In addition, an amendment to section 24 is proposed with a view to clarifying the ambit of the dispute-resolution procedure contained in that section of the LRA.

The Power to Alter Personal Provisions in Collective Agreements

1978 ◽  
Vol 13 (3) ◽  
pp. 326-358 ◽  
Author(s):  
Frances Raday
Keyword(s):  
Collective Bargaining ◽  
Tax Reform ◽  
The Other ◽  
Collective Agreement ◽  
Individual Level ◽  
Collective Agreements ◽  
The Past ◽  
Important Quality ◽  
The Government ◽  
The Individual

On two notable occasions in the past two years, it was found necessary to use legislation in order to buttress the potency of general collective agreements. The first of these occasions was when legislation was used to give overriding legal force to a general collective agreement between the Histadrut and the Government incorporating the tax reform recommendations of the Ben Shachar Committee. The second was a similar use of legislation with regard to the general collective agreement between the Histadrut and the Government incorporating the special increments recommendations of the Barkai Committee. The two collective agreements concerned shared one important quality: They both purported to derogate from rights previously enjoyed by employees under existing collective agreements. One of the reasons for legislative intervention to support these agreements was the existence of doubt as to the legal effectiveness of their attempt to derogate from the individual employees' rights.The source of the doubt as to the legal effectiveness of such agreements lies in the existence of two distinct levels at which a collective agreement functions: the collective and the individual levels. At the collective level, conditions are determined by the collective bargaining parties, the employer or employers' organisation on one hand and the employees' organisation on the other; at this level, the collective agreement is a consensual arrangement between the parties to it, the parties fix the terms and have a contractual right to demand their enforcement. The terms fixed at the collective level take effect, however, also at the individual level; the individual employees of an employer bound by the agreement are both bound by the agreement and entitled to enjoy the rights bestowed by the agreement. The Collective Agreements Law gives forceful expression to the effect of the collective agreement's personal provisions at the individual level, giving them immediate and mandatory effect as part of each individual employee's employment contract.

Unions and collective bargaining in Australia in 2018

2019 ◽  
Vol 61 (3) ◽  
pp. 357-381 ◽  
Author(s):  
Mark Bray ◽  
Johanna Macneil ◽  
Leslee Spiess
Keyword(s):  
Collective Bargaining ◽  
Industrial Relations ◽  
Coalition Government ◽  
Collective Agreement ◽  
Employment Relations ◽  
Federal Election ◽  
Non Union ◽  
Collective Agreements ◽  
Industrial Disputes ◽  
Wage Outcomes

There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.

scholarly journals Austerity, Struggle, and Union Democracy: Bill 115 and the Ontario Secondary School Teachers’ Federation, an Insider View

2020 ◽  
Vol 45 (1) ◽  
pp. 8-31
Author(s):  
Chantal Mancini
Keyword(s):  
Secondary School ◽  
Secondary School Teachers ◽  
Provincial Government ◽  
Teacher Unions ◽  
Collective Agreement ◽  
School Teachers ◽  
Union Democracy ◽  
Specific Focus ◽  
Union Leaders ◽  
External Forces

In 2012, unions representing teachers and education workers in Ontario, Canada, were faced with Bill 115, legislation used by the provincial government to impose a collective agreement upon education workers and remove their right to strike. With a specific focus on the Ontario Secondary School Teachers’ Federation, this paper is an insider view of how Bill 115 and the external political contexts of the time affected Ontario Secondary School Teachers’ Federation’s internal democratic practices at the height of the struggle. It employs theories of union democracy in order to consider how external forces can shape teacher unions’ internal democracy, and how the competing pressures faced by union leaders can impact their actions and decisions. This paper takes the view that internal union democracy is an important consideration in teacher unions’ resistance to government austerity agendas.

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