scholarly journals Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

2021 ◽  
Vol 95 ◽  
pp. 7-18
Author(s):  
Tomasz Duraj
Keyword(s):  
Trade Union ◽  
Employment Relationship ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Employment Relations ◽  
Gainful Employment ◽  
Collective Rights ◽  
Adopted Model ◽  
Atypical Employment ◽  
The Right

The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.

scholarly journals Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime

2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Subject Matter ◽  
Civil Servants ◽  
Employment Relationship ◽  
Legal Responsibility ◽  
Collective Agreement ◽  
Employment Relations ◽  
Distinctive Features ◽  
The Subject ◽  
The Republic ◽  
Labour Legislation

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

scholarly journals Konstitucionālās tiesības uz streiku: ģimenes ārstu streika gadījums

2019 ◽  
Vol 2 (14) ◽  
pp. 35-46
Author(s):  
Kitija Bite
Keyword(s):  
General Practitioners ◽  
Freedom Of Expression ◽  
Descriptive Analysis ◽  
Regulatory Framework ◽  
Employment Relationship ◽  
Collective Agreement ◽  
Legal Provisions ◽  
Employment Agreement ◽  
Labour Dispute ◽  
The Right

Starptautiskajās tiesību normās ir iekļautas cilvēka brīvības un tiesības. Tās ietver vārda brīvību, tiesības uz darbu, tiesības apvienoties un tiesības uz streiku, ja darba tiesisko attiecību laikā pusēm rodas strīdi, u. c. tiesības. Latvijas Republikas Satversmes (turpmāk – Satversme) 108. pantā paredzētas strādājošo tiesības uz streiku kā galējo līdzekli darba strīdu risināšanai. Sistēmiski šī konstitūcijas norma tiek regulēta ar Darba strīdu likumu un Streiku likumu. Varētu šķist, ka Latvijā katram strādājošajam ir nodrošinātas tiesības streikot, kā tas paredzēts Satversmē. Tomēr ģimenes ārstu streiks 2017. gadā parādīja, ka streiku īstenošanā ir problēmas. 
Pirmkārt, tiesības streikot pašlaik ir attiecināmas tikai uz vienu nodarbinātības veidu – darba tiesiskajām attiecībām. Taču tikai daļai ģimenes ārstu nodarbinātības attiecības balstītas uz darba līguma pamata, tādējādi piemērot valstī spēkā esošo streiku regulējumu savu kolektīvo interešu aizsardzībai var tikai daļa ģimenes ārstu.
Otrkārt, Darba strīdu likums streiku kā galējo līdzekli ļauj piemērot tikai kolektīvo interešu aizsardzībai (koplīguma noslēgšanas ietvaros), bet ne publisko tiesību līguma ietvaros. 
Ģimenes ārstu streiks parādīja, ka Latvijā tikai daļēji izpildītas starptautiskās normas, jo tiesības streikot ir paredzētas, bet šī norma attiecināma tikai uz tām personām, kuras nodarbinātas uz darba līguma pamata un tikai koplīguma domstarpību gadījumos. Lai risinātu situāciju un turpmāk nodrošinātu katras nodarbinātās personas tiesības streikot, nepieciešams grozīt Darba strīdu likumu, paplašinot darba strīdu subjektu loku. International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work are part of these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions for that provide strike as the final means to be utilised for the settlement of a dispute. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. It might seem that in Latvia, any employed person has been entitled to the right to strike as provided by the Satversme. However, the strike of general practitioners in summer 2017 highlighted a problem of executing strikes. Firstly, at the time being, the right to strike can be only associated with one form of employment, i.e., employment relationship. As only a part of general practitioners is employed on the basis of an employment agreement, the strike regulatory framework that is in force in Latvia can be used only by a part of general practitioners employed under an employment agreement in order to protect their collective interests. Secondly, the Labour Dispute Law provides for that a strike as the final means can be utilised exclusively for the protection of collective interests (within the framework of concluding a collective agreement), but not within the framework of a contract governed by the public law. The strike by general practitioners showed that Latvia has complied only partially with international legal provisions because a strike can only be utilised by people employed under employment agreements and only in disagreements regarding a collective agreement. In order to resolve this problem and so that any employed person is entitled to the right to strike in the future, it is necessary to amend the Labour Dispute Law by expanding the range of labour dispute subjects. 
The aim of the article is to analyse both international regulatory framework and that in Latvia for the right of employed people to strike and to recommend necessary amendments to laws to solve the detected problems.
Materials used for the compilation of the article: international legal provisions and Latvian legal acts, publications and literature. Methods used in this article: descriptive, analysis, synthesis, dogmatic, induction and deduction, graphic as well as legal interpretation methods – grammatical, systemic, historical and teleological.

scholarly journals The tentacles of majoritarianism: How far can they reach into retrenchment?

Obiter ◽  
2021 ◽  
Vol 41 (3) ◽  
pp. 483-503
Author(s):  
Rochelle Le Roux
Keyword(s):  
Trade Union ◽  
Collective Agreement ◽  
Labour Relations ◽  
The Right

Majoritarianism enables a trade union with a majority in the workplace to prevail over minority unions and their members as well as non-unionised employees and to limit some of the minority’s rights, including the right to strike. This article revisits the basic tenets of majoritarianism and calls for a more nuanced distinction between legislative provisions giving special privileges to majority unions and those provisions that enable majority unions to prevail over minority unions. Ultimately, the focus of the article is on the interface between majoritarianism and retrenchment. While it argues that there is legitimate scope for a collective agreement concluded after retrenchment consultations to be extended to the members of minority unions, the article expresses reservations whether a collective agreement regarding the identity of consulting parties in the case of retrenchment can similarly be extended. Nonetheless, the article concedes that the model of majoritarianism informing the Labour Relations Act (LRA) possibly lacks the subtlety to accommodate this distinction.

Trade union struggle for workwear in Swedish elder care

2021 ◽  
pp. 102425892110313
Author(s):  
Annette Thörnquist
Keyword(s):  
Trade Union ◽  
Elder Care ◽  
Self Regulation ◽  
Collective Agreement ◽  
Court Cases ◽  
Work Safety ◽  
Swedish Model ◽  
Municipal Workers ◽  
General Obligation ◽  
The Right

This article investigates why it took over 20 years of trade union struggle before workers in Swedish elder care were granted the right to free workwear. How did the Swedish Municipal Workers’ Union (Kommunal) tackle the problem; what obstacles did the union face; and why was the matter finally regulated by the state (in 2015 and 2018) and not by collective agreement in line with the Swedish model of self-regulation? The study draws mainly on an analysis of important court cases. The results indicate that the process was protracted mainly because of the unclear legal basis for pursuing demands concerning workwear, municipalities’ (local authorities’) opposition to a general obligation to provide workwear, mainly for financial reasons, and the fact that the issue was deadlocked between the remits of two government authorities, representing patient safety and work safety respectively. The main reason why the union eventually preferred to fight for a legislative solution was that a negotiated solution would probably have come at the expense of other urgent union demands in this female-dominated low-wage sector. When Kommunal intensified the struggle for free workwear in the 2010s, the union also stepped up its struggle against the structural gender differences in wages in the municipal sector.

scholarly journals Regulatory framework of strike and its problem in Latvia

2019 ◽  
Vol 68 ◽  
pp. 01020
Author(s):  
Kitija Bite
Keyword(s):  
General Practitioners ◽  
Freedom Of Expression ◽  
Descriptive Analysis ◽  
Regulatory Framework ◽  
Employment Relationship ◽  
Collective Agreement ◽  
Legal Provisions ◽  
Employment Agreement ◽  
Labour Dispute ◽  
The Right

International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work belong to these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions state that a strike as the final means for the settlement of a dispute can be used. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. It might seem that in Latvia, any employed person has been entitled to the right to strike as provided by the Satversme. However, the strike of general practitioners in summer 2017 highlighted the problem of executing strikes. Firstly, at the time being, the right to strike can only be associated with one form of employment, i.e., employment relationship. As only a part of general practitioners is employed on the basis of an employment agreement, the strike regulatory framework that is in force in Latvia can be used only by a part of general practitioners employed under an employment agreement in order to protect their collective interests. Secondly, the Labour Dispute Law provides for that a strike as the final means can be used exclusively for the protection of collective interests (within the framework of concluding a collective agreement), but not within the framework of a contract governed by public law. The strike by general practitioners showed that Latvia has complied only partially with international legal provisions because a strike can only be used by people employed under employment agreements and only in disagreements regarding a Collective agreement. In order to resolve this problem so that any employed person is entitled to the right to strike in the future, it is necessary to amend the Labour Dispute Law by expanding the range of labour dispute subjects. The aim: to analyse international and Latvia's regulatory framework for the right of employed people to strike and recommend necessary amendments to laws to solve detected problems. Materials used: international legal provisions and Latvian legal acts, publications and literature. Methods used in this article: descriptive, analysis, synthesis, dogmatic, induction and deduction as well as legal interpretation methods – grammatical, systemic, historical and teleological.

scholarly journals PROBLEM PRACOWNICZEGO PODPORZĄDKOWANIA KADRY KIEROWNICZEJ NAJWYŻSZEGO SZCZEBLA W ORGANIZACJACH GOSPODARCZYCH – ARTYKUŁ DYSKUSYJNY

2017 ◽  
Vol 9 (2) ◽  
pp. 279
Author(s):  
Tomasz Duraj
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
Senior Management ◽  
Employment Relationship ◽  
Employment Relations ◽  
Senior Managers ◽  
Management Hierarchy ◽  
The Subject ◽  
Atypical Employment ◽  
Relationship Of

The Problem of Employment Subordination of Senior Management in Economic OrganizationsSummaryThe subject of this study is to show the doubts and controversies that appear in the doctrine of labor law and judicial decisions in the interpretation of employment subordination of senior management in economic organizations.Taking into consideration the specificity of functions performed by senior management, the employment relationship of these employees is so much different from the typical standards that in the literature on the subject there has developed a view that there exists, in the case of the discussed category of senior managers, a not typical or even atypical employment relationship. This untypical nature is the reason why some institutions or requirements regulated in the labor law are not applicable to this group of managers, or lose their usefulness or even sense, as inadequate in view of the specific character of the managerial function. In relation to this issue, the most interesting appears the problem of interpretation of the employment subordination of senior management, taking into consideration the fact, that those employees, being on the top of the management hierarchy in a given organization, work in the condition of relative independence, being characterized by the absence of a superior and considerable freedom in the area of organizing own work in terms of time and place.The author of the article is critical of the multitude of the approaches to understanding the employment subordination of senior management. It must be remembered, that subordination is considered the most important (constitutive) feature of employment relationship, differentiating it from other employment relations (especially those of civil law character), and at the same time indicates the scope of use of employment relationship, also with regard to managers. This situation leads to blurring the differences, which are already vague, between labor law and civil law forms of employing managing personnel, creating a state of uncertainty about a lawful choice of one of the mentioned here in basis of employing senior managing personnel.

Ethnic Minorities and Equal Treatment: The Impact of Gender, Equal Opportunities Policies and Trade Unions

2001 ◽  
Vol 176 ◽  
pp. 105-116 ◽  
Author(s):  
Mike Noon ◽  
Kim Hoque
Keyword(s):  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Trade Union ◽  
Trade Unions ◽  
Equal Treatment ◽  
Equal Opportunities ◽  
Men And Women ◽  
Non Union ◽  
Minority Men ◽  
The Impact

The article examines whether ethnic minority employees report poorer treatment at work than white employees, and evaluates the impact of three key features — gender differences, formal equal opportunities policies and trade union recognition. The analysis reveals that ethnic minority men and women receive poorer treatment than their white counterparts. In addition, there is evidence to suggest that ethnic minority women receive poorer treatment than ethnic minority men. Equal opportunities policies are effective in ensuring equal treatment, but the presence of a recognised trade union is not. White men and women in unionised workplaces enjoy better treatment than their white counterparts in non-union workplaces, but the same is not true for ethnic minorities. By contrast, there is very little evidence of unequal treatment in non-union workplaces.

THE RULES OF REMUNERATION OF THE WORKER COOPERATIVE MEMBERS

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 377-386
Author(s):  
Tomasz Duraj
Keyword(s):  
Employment Relationship ◽  
Labour Law ◽  
The Subject ◽  
The Right ◽  
Worker Cooperative ◽  
Economic Risks

The subject of the foregoing study is an analysis of the specific rules for the remuneration of members of a worker cooperative who, by contributing to the organisation, participate in the economic risks associated with its operation. Each member of a worker cooperative is guaranteed the right to participate in the profit (balance surplus) of the cooperative, but at the same time participates in covering its losses up to the amount of the declared contribution. This special status of members of a worker cooperative, together with the obligation to work for that organisation on the basis of an employment relationship, has an impact on the remuneration of that category of workers. This can be seen in the structure of their remuneration, which consists of the current salary and the share of the balance surplus to be distributed among the members in accordance with the rules laid down in the statutes. Moreover, the current salary of a member of a worker cooperative and his share of the balance surplus are under protection provided by labour law for the remuneration of the employees.

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