The Right to Collective Bargaining in the Canadian Constitution

2010 ◽  
Author(s):  
Thomas Kuttner
Keyword(s):  
Collective Bargaining ◽  
The Right

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

OSTVARIVANjE PRAVA NA KOLEKTIVNO PREGOVARANjE U REPUBLICI SRBIJI

2021 ◽  
pp. 99-112
Author(s):  
Bojan Urdarević ◽  
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Legal Framework ◽  
Academic Community ◽  
Fundamental Rights ◽  
Freedom Of Association ◽  
Conflicting Interests ◽  
Collective Negotiations ◽  
The One ◽  
The Right

Freedom of association and the right to collective bargaining are fundamental rights of workers and a means of achieving a balance between the interests of workers and employers. Through collective bargaining, the parties in the collective negotiations identify common but also mutually conflicting interests and come to a common agreement. In this sense, collective bargaining can be a means of achieving a balance between, on the one hand, employers' desire for greater flexibility at work and on the other hand, the desire of employees to adapt their obligations and needs. It is important to note that the success of collective bargaining depends largely on the economic, institutional, political and legal framework in which collective negotiations between unions and employers take place. For this reason, the level of development of collective bargaining and social dialogue is different from state to state. Today, the right to collective bargaining has become widely recognized in the academic community as a key instrument for regulating working conditions and relations between employers and workers in a way that ensures fairer distribution of funds, improves working conditions and preserves the dignity of workers,but also institutionalizes industrial conflicts.

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.

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