A Reforma Trabalhista de 2017 e a deformação das prerrogativas sindicais

2019 ◽  
Vol 4 (2) ◽  
pp. 191-224
Author(s):  
Raimunda Regina Ferreira Barros ◽  
Paulo Sérgio Weyl Albuquerque Costa
Keyword(s):  
Present Article ◽  
Rule Of Law ◽  
Legal System ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Point Of View ◽  
Labor Reform ◽  
Democratic Rule ◽  
The Impact

RESUMO:O presente artigo objetiva refletir a reforma trabalhista sob o ângulo da organização sindical, compreendendo-a como um dos pilares do sistema celetista fragilizado pela Lei nº 13.467/17. O legislador enfraqueceu essas organizações mediante a subtração de direitos e as descredenciando como interlocutoras qualificadas. A centralidade deste escrito reside no impacto da reforma sobre as prerrogativas sindicais, entendendo-se que os sindicatos como agentes autônomos e livres são indispensáveis para a plenitude do Estado Democrático de Direito. Realiza-se, de início, uma breve síntese do movimento pela flexibilização do Direito do Trabalho no Brasil; a seguir, situa-se a discussão na proteção das prerrogativas sindicais no plano normativo externo e interno; e, por fim, analisam-se as alterações da reforma tendentes a mitigar as prerrogativas dos sindicatos profissionais.ABSTRACT:The present article aims to reflect the labor reform from the point of view of union organization, understanding it as one of the pillars of the labor legal system that was weakened by Law 13467/17. The legislator weakened these organizations by subtracting rights and disqualifying them as competent interlocutors. The centrality of this paper lies in the impact of the reform on trade union prerogatives, considering that unions, as autonomous and free agents, are an indispensable factor for the fullness of the Democratic Rule of Law. A brief summary of the movement for the relaxation of labor law in Brazil is held at the outset; the following is the discussion on the protection of trade union prerogatives at the external and internal normative level; and, finally, the amendments to the reform to mitigate the prerogatives of trade unions.

scholarly journals Revendo mais de 70 anos em menos de 7 meses: a tramitação da reforma trabalhista do governo Temer

2017 ◽  
Vol 18 (2) ◽  
pp. 545-568
Author(s):  
Roberto Di Benedetto
Keyword(s):  
Labor Market ◽  
Economic Crisis ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Public Debate ◽  
Reform Process ◽  
Labor Reform ◽  
Union Structure

Resumo: A reforma trabalhista do Governo Temer, aprovada no primeiro semestre de 2017, no meio de uma grave crise política e econômica, modificou profundamente o direito do trabalho, o Poder Judiciário e a estrutura sindical. A rápida tramitação da reforma, sua extensão e a ausência de um debate público dificultaram a análise dos seus impactos. Neste estudo de caso teve-se por objetivo analisar a tramitação da reforma trabalhista no Congresso e os principais argumentos utilizados pelos deputados e senadores que discutiram a proposta. Com isso, espera-se contribuir com a discussão das normas aprovadas e com a análise de suas consequências no mercado de trabalho, no Poder Judiciário e na estrutura sindical.Palavras-chave: Reforma trabalhista. Justiça do trabalho. Estrutura sindical. Abstract: The Temer government’s labor reform, approved in the first half of 2017, in the middle of a serious political and economic crisis, changed labor law, the Judiciary, and the trade union structure. The fast reform process, its extension, and the absence of public debate made difficult to analyze its impacts. This leading case aimed to examine the process of labor reform in Congress and the main arguments used by the deputies and senators who discussed the proposal. With this, it is hoped to contribute to the discussion of the approved norms and the analysis of their consequences in the labor market, in the Judiciary and in the union structure.Keywords: Labor reform. Labor courts. Trade unions.

scholarly journals Revendo mais de 70 anos em menos de 7 meses: a tramitação da reforma trabalhista do governo Temer

2017 ◽  
Vol 18 (2) ◽  
pp. 545-568
Author(s):  
Roberto Di Benedetto
Keyword(s):  
Labor Market ◽  
Economic Crisis ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Public Debate ◽  
Reform Process ◽  
Labor Reform ◽  
Union Structure

Resumo: A reforma trabalhista do Governo Temer, aprovada no primeiro semestre de 2017, no meio de uma grave crise política e econômica, modificou profundamente o direito do trabalho, o Poder Judiciário e a estrutura sindical. A rápida tramitação da reforma, sua extensão e a ausência de um debate público dificultaram a análise dos seus impactos. Neste estudo de caso teve-se por objetivo analisar a tramitação da reforma trabalhista no Congresso e os principais argumentos utilizados pelos deputados e senadores que discutiram a proposta. Com isso, espera-se contribuir com a discussão das normas aprovadas e com a análise de suas consequências no mercado de trabalho, no Poder Judiciário e na estrutura sindical.Palavras-chave: Reforma trabalhista. Justiça do trabalho. Estrutura sindical. Abstract: The Temer government’s labor reform, approved in the first half of 2017, in the middle of a serious political and economic crisis, changed labor law, the Judiciary, and the trade union structure. The fast reform process, its extension, and the absence of public debate made difficult to analyze its impacts. This leading case aimed to examine the process of labor reform in Congress and the main arguments used by the deputies and senators who discussed the proposal. With this, it is hoped to contribute to the discussion of the approved norms and the analysis of their consequences in the labor market, in the Judiciary and in the union structure.Keywords: Labor reform. Labor courts. Trade unions.

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.

Democratic Experimentalism or Capitalist Synchronization? Critical Reflections on Directly-Deliberative Polyarchy

2004 ◽  
Vol 17 (1) ◽  
pp. 101-127 ◽  
Author(s):  
William E. Scheuerman
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
High Speed ◽  
Legal Regulation ◽  
Liberal Democratic ◽  
Regulatory Law ◽  
Democratic Rule ◽  
Joshua Cohen ◽  
Democratic Experimentalism ◽  
Critical Reflections

Contemporary “flexible capitalism” requires novel forms of legal regulation. In this vein, Joshua Cohen, Michael Dorf, Archon Fung, and Charles Sabel have developed a provocative set of proposals for a new mode of regulatory law, what they describe as “democratic experimentalism” or, alternately, “directly deliberative polyarchy.” Their proposal are criticized: they not only fail to take traditional liberal democratic rule of law virtues seriously enough, but it remains unclear whether they can effectively tame and humanize capitalism. Instead, some evidence suggests that their proposals simply amount to a normatively problematic synchronization of the legal system with contemporary high-speed capitalism.

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.

Front commun syndical et nouveau pacte social

Res Publica ◽  
1970 ◽  
Vol 19 (2) ◽  
pp. 247-268
Author(s):  
Léon-Eli Troclet
Keyword(s):  
Present State ◽  
Trade Union ◽  
Trade Unions ◽  
Point Of View ◽  
Capitalist System ◽  
Economic Problems ◽  
Social Pact ◽  
The Government ◽  
State Of Affairs ◽  
Common Trade

I . Confronted with the acuteness of the socio-economic problems the two major labour organizations (i.e. : the socialist and the christiandemocratic trade union confederation) have in 1976 strengthened their «Common Trade Unions' Front» (with about two million members on a total of 2,300,000 wage- and salary earners in Belgium) in view of their negotiations with employers and with the government, to which the trade unions have submitted a common platform.The common front, that has its antecedents on the local, regional and professional level has never been and never will be of a permanent nature, some sort of organic unit. Each confederation maintains its own identity and the front is meant to be re-animated according to the circumstances.II. From the employers' side (and to some extent completely independent from the trade unions' common front) representatives of employers' organizations have «as a personal point of view» and, no doubt, as a preliminary approach, launched the idea that a new and very comprehensive «social pact» should be negotiated.  The socialist trade unions clearly tend to reject this idea, since it maywell lead to a further integration in the capitalist system, whereas the christiandemocratic union seems to be rather in favour of such a pact.In the present state of affairs (end of June, 1977) the probability that it be realized is rather low indeed.

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.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

The Impact of Unions on Pay Levels in Lower-Skilled Jobs

2001 ◽  
Vol 176 ◽  
pp. 76-90 ◽  
Author(s):  
John Forth ◽  
Neil Millward
Keyword(s):  
Private Sector ◽  
Minimum Wage ◽  
Trade Union ◽  
Trade Unions ◽  
Positive Impact ◽  
Employee Relations ◽  
The Past ◽  
Sphere Of Influence ◽  
The Impact

The decline in trade union influence over the past two decades raises the question of whether pay levels in lower-skilled jobs now lie outside the unions' sphere of influence, as tacitly acknowledged by their acceptance and later endorsement of the principle of the statutory minimum wage. This article examines pay levels among lower-skilled jobs in the private sector in Britain using the Workplace Employee Relations Survey of 1998. It shows that trade unions still had a positive impact upon pay levels in lower-skilled jobs and identifies those forms of unionism associated with the largest premiums. However, the article also shows that the activities of trade unions did little to counteract the forces generating the lowest levels of pay.

scholarly journals Open Coalition Law, Necessity or Threat?

2021 ◽  
Vol 95 ◽  
pp. 29-38
Author(s):  
Błażej Mądrzycki
Keyword(s):  
International Law ◽  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Labor Law ◽  
Freedom Of Association ◽  
Employment Contract ◽  
Expected Effect ◽  
Provision Of Services ◽  
Constitutional Tribunal

From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employee forms of employment is a common practice in Polish conditions. The main problem is that the civil law contract has a purpose other than the employment contract. Contracts of mandate and provision of services are the basis for the implementation of actual and legal activities. Besides, the legislator does not have any real actions aimed at eliminating the defective practice. The text is an attempt to synthetically summarize the motives of the amendment, as well as its effects and tests.

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