scholarly journals REKONSTRUKSI KONSEP KEBEBASAN HAK BERSERIKAT BAGI SERIKAT PEKERJA PADA HUBUNGAN INDUSTRIAL BERBASIS NILAI KEADILAN

2010 ◽  
Vol 10 (3) ◽  
Author(s):  
Gunarto Gunarto
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Social Research ◽  
Industrial Relations ◽  
Freedom Of Association ◽  
State Regulations ◽  
Business Partners ◽  
Social Facts ◽  
Industrial Dispute ◽  
The Impact

The concept of freedom of association for trade union rights provided for in Law No. 21 of  2000 on Trade Unions, aimed at providing protection of workers, and improve the welfare of workers. But social facts to still many industrial dispute, and there were so many layoffs. Legal research methods to use social research. So in this perspective, freedom of association for trade union rights are not viewed from the norms of  the country, but seen from the values of living in society, although freedom of association rights are influenced by state regulations. Construction of freedom of association for trade union rights as set out in Law No. 21 of 2000 on Trade Unions, still reflects the capitalistic character. The impact caused the number of industrial disputes and layoffs for workers, because employers view workers as a factor of production rather than as business partners. So the necessary reconstruction of freedom of association rights for workers with social justice based values to create a harmonious industrial relations. A reconstruction model using prismatic law, which took a good system of capitalistic model and the socialist model and the model adapted Pancasila industrial relations with the values of Indonesian.Keywords : Reconstruction, Freedom Right of Association, trade unions, justice

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

Incomes Policy and Industrial Relations: Britain, Sweden and Australia

1980 ◽  
Vol 22 (4) ◽  
pp. 453-475 ◽  
Author(s):  
Michael Wright ◽  
Nixon Apple
Keyword(s):  
Labour Market ◽  
Trade Union ◽  
Trade Unions ◽  
Process Model ◽  
Industrial Relations ◽  
Potential Conflict ◽  
Government Relations ◽  
Incomes Policy ◽  
The Government ◽  
The Impact

Increasingly, economic debate in Australia and other Western, developed economies is directed to the interdependence and potential conflict between the out come of labour market negotiations and government economic policy. Industrial relations becomes identified as a cause of economic problems and governments have been attracted to policies that seek to alter the outcome of labour market negotia tions, using what are often termed "incomes policies". However, because of the nature of industrial relations, incomes policies which might be established to express government demands also have an influence over the balance of powers and relations within the economy. This dynamic process presents problems for practitioners and academics assessing the full effect of incomes policies. The corporatist model developed by Leo Pantich is one useful model of the changes that can occur in trade union, employer and government relations under incomes policy conditions. Draw ing on the flexibility of such a process model, this article details the development of incomes policies in Britain and Sweden, examining the changing relationships and powers that have occurred when the parties (and especially the trade unions) have responded to the demands such policies make on industrial relations. The differences in trade union reactions to industrial relations adjustment provide lessons and experiences for any economy where the government seeks to direct labour market negotiations. In terms of the impact on trade unions particularly and industrial relations in general, the British and Swedish lessons offer valuable insights for Australia. Examining the dynamic incomes policy effects in Australia, we conclude that only if industrial relations practitioners and trade unionists are aware of the dynamic pressures of intervention and respond in a structured manner can they avoid the traps identified by British experience and benefit from the opportunities offered by Swedish initiatives.

scholarly journals Assessing the impact of private equity on industrial relations in Europe

2010 ◽  
Vol 63 (9) ◽  
pp. 1343-1370 ◽  
Author(s):  
Nick Bacon ◽  
Mike Wright ◽  
Louise Scholes ◽  
Miguel Meuleman
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Private Equity ◽  
Industrial Relations ◽  
Equity Investment ◽  
Policy Issues ◽  
Equity Ownership ◽  
The Impact ◽  
National Systems ◽  
Future Plans

Private equity firms are accused by trade unions of changing industrial relations in buyouts by demonstrating an unwillingness to recognize and work with trade unions, and by downgrading information and consultation. To explore these important policy issues, this article reports the first representative pan-European survey of managers’ perceptions of the impact of private equity on industrial relations. Managers report that private equity investment does not result in changes to union recognition, membership density or changes in management attitudes to trade union membership. Furthermore, managers in firms recognizing unions after private equity buyouts do not report reductions in the terms and conditions subject to joint regulation. Under private equity ownership more firms report consultative committees, managers regard these as more influential on their decisions, and indicate increased consultation over firm performance and future plans. Comparing industrial relations changes in different social models in Europe, the results suggest private equity firms adapt to national systems and traditional national industrial relations differences persist after buyout.

scholarly journals Ratification of International Labour Convention and the Reformation of Trade Union Recognition Process in Malaysia

2021 ◽  
Vol 29 (1) ◽  
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Structured Interviews ◽  
Recognition Process ◽  
Collective Agreements ◽  
The Reformation ◽  
The Impact

The decline in the density of trade unions and the decreasing number of collective agreements had resulted in a deplorable situation in Malaysia. It is difficult to resolve the problems because the trade unions’ recognition process is often complex and legislatively restrictive. Nonetheless, the ratification of the International Labour Convention and ILO Convention No.87 could be a stepping stone in the reformation of the recognition process’s legal framework. Therefore, the present paper analysed the role of the ILO convention in reforming the trade union recognition process in Malaysia. Additionally, a qualitative method was employed to examine the role of the convention and its mechanism in the reformation of trade union recognition. Next, pure legalistic analysis and semi-structured interviews were conducted with the industrial relations key player to obtain their perspectives on the effect of ratification on industrial relations. Based on the generated outcomes, there were mixed views on the ratification of the stated convention. Additionally, this paper analysed the impact of the ratification of the convention by the member states of the ILO and how these countries benefitted from the ratification. Finally, this paper concluded that despite the challenges, the ratification of the convention improved the trade union recognition process in Malaysia. Therefore, the Malaysian government should immediately ratify ILO Convention No.87.

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.

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.

scholarly journals International framework agreements: new paths to workers' participation in multinationals' governance?

2008 ◽  
Vol 14 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Isabelle Schömann ◽  
André Sobzack ◽  
Eckhard Voss ◽  
Peter Wilke
Keyword(s):  
Trade Unions ◽  
Self Regulation ◽  
Industrial Relations ◽  
Negotiation Process ◽  
Social Consequences ◽  
Social Regulation ◽  
International Level ◽  
Political Debate ◽  
Labour Standards ◽  
The Impact

This article describes the results of a major study on the impact of codes of conduct and international framework agreements (IFAs) on social regulation at company level. The limits of labour legislation at the national, as well as the international, level provide a strong motivation for both multinationals and trade unions to negotiate and sign IFAs. IFAs offer a way to regulate the social consequences of globalisation and to secure adherence to labour and social standards. They thus form part of the growing political debate on the international working and production standards of private actors. Examination of the negotiation process, the motivations of the parties, and the content of the agreements and implementation measures provides valuable insights into the impact of IFAs on multinationals' behaviour in respect of social dialogue and core labour standards. Finally, the article highlights the influence of such agreements on public policy-making and the limits of private self-regulation at European and international level, addressing the growing and controversial debate on the need for supranational structures to regulate labour standards and industrial relations.

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.

Political attitudes and trade union membership in the Nordic countries

2017 ◽  
Vol 23 (4) ◽  
pp. 381-395 ◽  
Author(s):  
Carsten Strøby Jensen
Keyword(s):  
Survey Data ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Political Attitudes ◽  
European Social Survey ◽  
Nordic Countries ◽  
Left Wing ◽  
Social Survey ◽  
The Impact

Do political attitudes influence the likelihood of employees being members of a trade union, and to what extent is this the case in the Nordic countries with their high aggregate levels of membership? In this article, I address these questions using European Social Survey data from 2012. The results show that left-wing political attitudes have the most impact on the likelihood of trade union membership in Sweden and to a lesser extent in Denmark. In Norway and Finland, there is no statistically significant impact. I argue that the impact of left-wing political attitudes on unionization in Sweden and Denmark reflects a conception among employees that trade unions are normative organizations.

Een halve eeuw vakbondslidmaatschap : Een verkennende longitudinale studie naar enkele cyclische determinanten voor de ledenontwikkeling van de Belgische vakbonden, 1946-1995

Res Publica ◽  
2004 ◽  
Vol 46 (1) ◽  
pp. 6-32
Author(s):  
Kurt Vandaele
Keyword(s):  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Econometric Model ◽  
Positive Impact ◽  
Union Density ◽  
Free Riding ◽  
Structural Variable ◽  
Explanatory Variables ◽  
The Impact

This article explains the ebb and flow in Belgian trade union membership from 1946 to 1995 by replicating the econometric model by Bain and Elsheikhn in which changes in macro-economic variables are highly significant. Since the automatic indexation of wages and the extension of collective labour agreements invite free riding, the relevance of the change in inflation and real wage is quite striking. However, the free riding-effect is slowed down by the institutionalised presence of the trade unions on the work floor. The Ghent system explains the positive impact of the unemployment rate . The model is furthermore improved by the trade union density as a structural variable. The linear form reflects the enforcement effect, while the quadratic form mirrors the saturation effect on the trade union membership. Mainly due to the 'Allgemeinkoalitionsfähighkeit' of the Belgian government system, the impact of left parties on union growth and decline is not significant in a quantitative framework. With only four explanatory variables the model clarifies more than 75% of the fluctuations in Belgian trade union membership.

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