scholarly journals TINKAMAS KOLEKTYVINIŲ DARBO SANTYKIŲ VALDYMAS EUROPOS SĄJUNGOJE PASITELKIANT SOCIALINĮ DIALOGĄ

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 7-18
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
European Union ◽  
Good Governance ◽  
The Other ◽  
The European Union ◽  
Labour Law ◽  
Public Authorities ◽  
Labour Relations ◽  
Social Dialogue ◽  
The Social ◽  
Supranational Level

Straipsnyje supranacionaliniu Europos Sąjungos lygiu analizuojamas tinkamas kolektyvinių darbo santykių valdymas pasitelkiant socialinį dialogą, įvertinant suformuluotus tinkamo valdymo principus, kitus svarbius kriterijus socialinei taikai prižiūrėti ir jai garantuoti, skaidraus socialinio dialogo užtikrinimo galimybes, tinkamą pilietinės visuomenės atstovų dalyvavimą socialiniame dialoge ir viešosios valdžios atsakomybę. Taip pat analizuojami Europos Sąjungos teisės aktai ir rekomendacijos bei ekspertų nuomonė, atsižvelgiama į autoritetingas darbo teisės mokslininkų išvadas, atskleidžiant socialinio dialogo ypatybes ir trūkumus Europos Sąjungos lygiu.The article analyses the good governance of the collective labour relations via social dialogue at the supranational level of the European Union, evaluating the formulated principles of good governance, the other important criteria to maintain and guarantee the social peace, the possibilities to ensure the transparency of social dialogue, the appropriate participation of civil society representatives in the social dialogue as well as the responsibility of public authorities. The article analyses legal acts of the European Union, recommendations and the opinions of experts, also taking into account the authoritative conclusions of labour law scholars, revealing the peculiarities and drawbacks of the social dialogue at the European Union level.

scholarly journals Modernization of social dialogue as an imperative for developing social responsibility by business organizations in Ukraine

2021 ◽  
Vol 19 (1) ◽  
pp. 487-498
Author(s):  
Halyna Lopuschnyak ◽  
Yurii Marshavin ◽  
Taras Kitsak ◽  
Оlena Iastremska ◽  
Yurii Nikitin
Keyword(s):  
Social Responsibility ◽  
Local Governments ◽  
The European Union ◽  
Business Organizations ◽  
Bargaining Process ◽  
Public Authorities ◽  
Social Dialogue ◽  
Public Figures ◽  
The Social ◽  
High Level

The relevance of the paper is determined by the need to modernize social dialogue in Ukraine as a means of increasing the social responsibility of business organizations and a prerequisite for the country’s sustainable socio-economic development. The paper is aimed at reviewing and systematizing effective practices of modernization of social dialogue, which are revealed in the publications of foreign and Ukrainian scientists, high-ranking officials and public figures. These practices are considered from the standpoint of their expediency and the possibility of their implementation in the processes of social interaction of organizations of employees, employers and public authorities in Ukraine.A review of the foreign experience in organizing social dialogue convincingly demonstrates a fairly high level of efficiency in the European Union, which contributes to achieving a balance of interests of major economic actors, increasing their social responsibility. For Ukraine, it is expedient to introduce the European practice of the so-called broad approach to the organization of social dialogue, which provides for the expansion of its subjects at the expense of representatives of territorial entities, environmental, women’s, youth, cultural and other public organizations. The involvement of local governments, public and NGOs in solving the most important socio-economic problems will contribute to the spread of the practice of differentiating between social and public dialogue. In Ukraine, employee participation in corporate governance should be strengthened, access to shareholder income should be expanded, and institutional tools for regulating the collective bargaining process should be improved.

Multilevel governance or multilevel government?

2020 ◽  
Vol 22 (4) ◽  
pp. 776-783
Author(s):  
Tanja A Börzel
Keyword(s):  
European Union ◽  
Multilevel Governance ◽  
The European Union ◽  
Public Authorities ◽  
Liberal Intergovernmentalism ◽  
The Social ◽  
Societal Actors ◽  
Public Interest Groups ◽  
The Government

The commentary returns to the beginning of the career of multilevel governance as a distinct perspective on the European Union and European integration. At the time, multilevel governance allowed a generation of students to overcome the stylised debates between Liberal Intergovernmentalism and Neofunctionalism on how to best capture the ‘nature of the beast’. At the same time, multilevel governance still privileged the role of public authorities over economic and societal actors. While subsequent studies broadened the focus to include the social partners or public interest groups, Hooghe and Marks have retained their public authority bias. The commentary argues that the focus on multilevel government rather than multilevel governance has increased the scope or applicability of Hooghe and Marks’ approach, both within the European Union and beyond. At the same time, the government bias has prevented the multilevel governance approach from unlocking its full explanatory potential.

Is the European Union a Pole of Corporate Social Responsibility?

2021 ◽  
pp. 175-198
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Social Responsibility ◽  
Public Institutions ◽  
The European Union ◽  
Public Authorities ◽  
The Social ◽  
The One ◽  
Corporate Social ◽  
Development Objectives

This chapter focuses on the analysis of the efforts made by the European Union authorities to encourage companies in the process of promoting sustainable development and involvement in various CSR actions. On the one hand, at the EU level, many regulations provide the general framework for the voluntary development of CSR programs. On the other hand, public institutions are involved in meeting sustainable development objectives set at the European and international levels. The tools are numerous, having a higher degree of adaptability depending on the company size, activities, and origin of the capital. Over time, the concerns of European institutions have intensified and have targeted not only the social responsibility of companies but also of public authorities, which through specific instruments can impose certain conduct on companies. The companies paid particular attention to ensure the communication of the actions taken and the results obtained with different categories of stakeholders.

The Concept of ‘Worker’ in the Free Movement of Workers and the Social Policy Directives: Perspectives from the Case Law of the Court of Justice

2020 ◽  
pp. 203195252094533
Author(s):  
Vincent Février
Keyword(s):  
European Union ◽  
Social Policy ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Depth Analysis ◽  
Free Movement Of Workers

The Concept of worker is the gateway to the access to the protection of labour and social security law. The Court of Justice of the European Union first defined this concept in the field of the Free Movement of Workers in the Lawrie-Blum case. The scope of this article is to compare the definitions used by the Court in the fields of the free movement of workers and in the Social Policy Directives, in order to ascertain to which extent they can differ. Our in-depth analysis of the case law offers a nuanced picture. On one hand, it highlights that the Court tries to extend the application of the Lawrie-Blum formula to Directives which do not refer back to the national definitions of a worker, but that specificities remain in this area, like the emphasis on the link of subordination. On the other hand, for Directives referring to a national concept of workers, the Court began recently to state that, even if the competence of the Member States on this question must be acknowledged, it is not limitless.

scholarly journals Impact of the Concept of Good Governance on the Functioning of Public Administration in Poland—an Outline

2019 ◽  
Vol 28 (1 ENGLISH ONLINE VERSION) ◽  
pp. 137-153
Author(s):  
Agata Barczewska-Dziobek
Keyword(s):  
European Union ◽  
Public Administration ◽  
International Institutions ◽  
Good Governance ◽  
The European Union ◽  
Cohesion Policy ◽  
Public Authorities ◽  
The Public ◽  
Social Partners ◽  
Legal Forms

The concept of “good governance,” reflected in legislation, modifies the nature of the activity of public authorities. It is currently being promoted by international institutions, including the European Union, particularly with regard to its cohesion policy, which should be based on the principles of openness, participation, accountability, effectiveness and cohesion. Therefore, the existing mechanisms of cross-sectoral cooperation are being modified and new organisational and legal forms are emerging. They meet the requirements of openness, partnership and dialogue of public administration with social partners, thus increasing the effectiveness of bodies of public administration. As a result of consultation, as well as through the direct involvement of social partners in the implementation of tasks, the public are more trusting and the actions of public authorities are gaining more legitimacy.

scholarly journals Legal Obstacles for Chinese Companies Investing in the Infrastructure Construction in the Europea Union: From a Labour Law Perspective

2020 ◽  
Vol 6 (2) ◽  
pp. 28
Author(s):  
Kai Liu
Keyword(s):  
European Union ◽  
The Other ◽  
Infrastructure Investment ◽  
The European Union ◽  
Labour Law ◽  
Law System ◽  
Other Hand ◽  
Chinese Companies ◽  
The One ◽  
The Eu

Annual infrastructure investment by Chinese companies in Europe continues to climb. However, the legal obstacles arising from the labour law system of the European Union has been not paid sufficient attention to. This research has taken use of a legal analyzing approach, to probe into on the one hand, the EU labour law framework; and on the other hand, to analyze the specific aspects of the labour law filed which would lead to the legal obstacles against the Chinese companies investing in the infrastructure construction.

Part 2 Specific Issues of Arbitration in Brazil, 20 Labour Law Arbitration

2020 ◽  
Author(s):  
Timm Luciano Benetti ◽  
Verçosa Fabiane
Keyword(s):  
The Other ◽  
Labour Law ◽  
Labour Relations ◽  
Other Hand ◽  
The Social ◽  
Labour Standards ◽  
Labour Legislation ◽  
The One ◽  
Labour Disputes ◽  
The Relationship

This chapter highlights labour law arbitration in Brazil. Traditionally, labour law in Brazil recognises two main groups of rights: individual and collective rights. Individual labour relations are concerned with the relationship between individual workers and their employers. Collective labour relations refer to the social relationships generated through processes of consultation and negotiation—over working conditions, labour standards, and other employment issues—between, on the one hand, the workers' collective or their representatives and, on the other hand, the employers or employers’ organization. Even before the Labour Legislation Reform of 2017, Brazilian legal order already provided in its Constitution and in other legal statutes the possibility of arbitration for collective labour rights. On the other hand, before the promulgation of the Labour Legislation Reform, there was no provision under Brazilian Law that would open the possibility of arbitration in the event of individual labour disputes.

scholarly journals Od czego zależy jakość dialogu społecznego? Koncepcja modelu państwa administracyjnego i państwa sieciowego na przykładzie instytucji dialogu społecznego

2007 ◽  
Vol 10 ◽  
pp. 121-152 ◽  
Author(s):  
Tomasz Grzegorz Grosse
Keyword(s):  
Trade Unions ◽  
Large Degree ◽  
The Other ◽  
Political Transformation ◽  
The European Union ◽  
Difficult Situation ◽  
Social Dialogue ◽  
The Social ◽  
The Common

What does the quality of social dialogue in the Central and European countries depend upon? There are three sets of factors which influence the quality of social dialogue, in other words, the social consultation regarding relations between employers and employees. The states in this legion share the common legacy of the years of socialism. They share the difficult experience of economic and political transformation. They have also recently joined the European Union. The other factors are the conditions of an economy which is undergoing globalisation and the challenges of competitiveness on the common market that are related to the European Integration. It is the last circumstances which seem to hinder social dialogue the most. They result in a situation where, to a large degree, it becomes a tool used to improve the competitiveness of the national economy and to liberalise the regulations pertaining to relations between employers and employees. Such assumptions concerning the operations of the institutions in question place the trade unions in a difficult situation. In a way which is obvious, this makes the building of solid institutions of social dialogue in the new EU member countries difficult.

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