Unionization and the Right to Go out of Business: The Darlington Controversy: Labor Law. Unions. Collective Bargaining

1963 ◽  
Vol 16 (1) ◽  
pp. 209
Author(s):  
Richard A. Roth
Keyword(s):  
Collective Bargaining ◽  
Labor Law ◽  
The Right

Die personelle Reichweite der Tarifmacht

2021 ◽  
Author(s):  
Malek Said
Keyword(s):  
Collective Bargaining ◽  
Labor Law ◽  
Working Life ◽  
Employment Law ◽  
World Population ◽  
Law System ◽  
Social Law ◽  
Legislative Proposal

Meanwhile, digitalization has become a "mega-topic" in the legal debate. The implications of a changed working life are occasionally approached in individual employment law and social law. So far, however, little attention has been paid to the changes arising from a dependent world population to an independent performance of tasks, which is significant for the scope of collective bargaining agreements. The author therefore deals abstractly with the overriding question of how the old collective labor law system fits into the modern structures of working life. For this reason, the author develops a legislative proposal that upholds the constitutional and supranational implications of personnel reach.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

scholarly journals Introduction. Debates on Collective Bargaining in a Time of Economic Crisis: The Spanish Case in Context

2019 ◽  
Vol 9 (1) ◽  
pp. 1-6
Author(s):  
Julia López López
Keyword(s):  
Collective Bargaining ◽  
Economic Crisis ◽  
Basque Country ◽  
Labor Law ◽  
Social Goals ◽  
Labor Rights ◽  
Economic Policies ◽  
Social Agenda ◽  
The Social ◽  
Pais Vasco

Collective Labor Law as a mechanism of agency through workers representation has been challenged more than ever during recent last decades. The policies that have adjusted labor rights to new scenarios of economic policies have impacted collective bargaining structures and contents. The debates on centralization and de-centralization, workers participation, unions and workers strategies to countervail the erosion of labor rights have been part of the social agenda. Among the debates one very important one involves the study of the cases of the Basque Country and Catalonia. Their models of collective bargaining allow us to examine different strategies to achieve social goals through collective action with more successful results in the Basque case. El Derecho Colectivo del Trabajo como mecanismo de agency para las representaciones de los trabajadores ha tenido en las últimas décadas uno de los periodos más desafiantes en la consecución de sus objetivos sociales. Las políticas de ajuste a la crisis económica con nuevos escenarios políticos han impactado no solo en las estructuras de negociación colectiva sino además en los contenidos de los convenios. Debates en torno a centralización-descentralización, participación, estrategias para contrarrestar los efectos de erosión de los derechos sociales han sido parte de la agenda social. Entre los debates, el estudio que se refiere a los casos de País Vasco y Catalunya, en cuanto a las estructuras de negociación, es interesante a la hora de presentar las diferencias estratégicas y los mejores resultados en el caso vasco.

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.

scholarly journals ЗНЕЦІНЕННЯ ПРИНЦИПУ СПРАВЕДЛИВОСТІ ЧИ СПРОБИ ЙОГО ПІДМІНИ ПРАВОМ СИЛЬНОГО: ПЕРСПЕКТИВИ РЕФОРМУВАННЯ ТРУДОВОГО ЗАКОНОДАВСТВА ПРОЄКТОМ ЗАКОНУ ПРО ПРАЦЮ

2020 ◽  
pp. 58-86
Author(s):  
О. О. Коваленко
Keyword(s):  
Human Life ◽  
Labor Law ◽  
Scientific Paper ◽  
Modern World ◽  
Conceptual Content ◽  
The Core ◽  
Labor Legislation ◽  
Principle Of Justice ◽  
The Right ◽  
The Cost

The purpose of the scientific paper is to characterize the correlation between the conceptual content of the principle of justice and the concept of reforming the labor legislation under the draft law of Ukraine «On Labor» with determining the prospects of future labor law of Ukraine. The author emphasizes that labor law rules, like no other branch of law, should be based on justice. This justice, once acquired at the cost of human life, has become so commonplace and commonplace that labor law rules are taken for granted and contain absolutely unnecessary ele­ments that can be changed, eliminated, ignored… But in reality, all of these are important. and the necessary elements of a single interconnected mechanism, the core of which is justice. It is noted that the disappearance of at least one element of this mechanism means that justice is fading, and is therefore inadmissible in labor law. It is concluded that the draft Labor Law is an attempt to replace the principle of justice with the right of the strong, and therefore it is alien to the modern world and national consciousness and has no potential for reforming the labor legislation of Ukraine.

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.

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