scholarly journals THE IMPORTANCE OF SOCIAL DIALOGUE AND COLLECTIVE BARGAINING IN THE PROCESS OF SHAPING WORKING CONDITIONS

2021 ◽  
Vol 4 (1) ◽  
pp. 54-63
Author(s):  
Jan Horecký ◽  
◽  
Michal Smejkal ◽  
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Point Of View ◽  
Decent Work ◽  
Labour Law ◽  
The Czech Republic ◽  
Social Dialogue ◽  
International Environment ◽  
National Environment ◽  
Conditions Of Work

The article explores the influence and importance of social dialogue and collective bargaining on the formation of working conditions. Social dialogue and collective bargaining are among the basic ways to influence the conditions of work through employees’ representatives and how to represent the weaker party from the point of view of labour law (the interests of the employee). The article points out the fundamental importance of social dialogue in creating an environment of decent work, both in the international environment (especially the competence of the International Labour Organization or the implementation of the European Pillar of Social Rights) and wages or addressing the impacts of COVID-19 pandemics in the national environment of the Czech Republic.

scholarly journals A SOCIAL DIALOGUE AS THE BASIS FOR THE CONCEPT OF DECENT WORK IMPLEMENTATION

2020 ◽  
pp. 56-61
Author(s):  
I. Sakharuk
Keyword(s):  
Collective Bargaining ◽  
Working Conditions ◽  
Full Range ◽  
Social Progress ◽  
Special Role ◽  
Decent Work ◽  
Freedom Of Association ◽  
Social Dialogue ◽  
The Social

The article examines the concept of decent work as a strategic direction for the development of labour legislation of the XXI century. The article is devoted to the research on the social dialogue as a part of the concept of decent work and an instrument for the effective realization of its other parts. The author outlines the connections between the institute of social dialogue and such dimensions of the concept of decent work as fundamental principles and rights at work, employment and working conditions, social protection. The legal grounds for social dialogue in the strategic documents of the International Labour Organization, its features for the future of the labour and the special role in the conditions of COVID-19 pandemic are analysed. The importance of the principle of freedom of association and the effective recognition of the right to collective bargaining for the effectiveness of social dialogue is established. The specifics of the influence of social dialogue to the realisation of the concept of decent work at the national and industrial levels are determined. The paper substantiates the interdependence of economic development and social progress and a high-quality social dialogue. The author also identifies the role of social dialogue in the process of labour law development. A social dialogue is important for improving labour and social legislation, bringing it in line with the requirements of the labour market, the employers' and workers' needs. The issues of decent working conditions, harmonization of professional and family life and professional development of employees can be effectively addressed at the production level. The author investigates the peculiarities of application and specific role of social dialogue for management of difficult situations and crises. It is stated that using the social dialogue to find solutions to the full range of problems by COVID-19 is important. It is determined, that it helps to analyse the real situation in various industries and spheres, reduce social tensions, minimize negative socio-economic consequences for all participants of social dialogue. Keywords: the concept of decent work, a social dialogue, the Fundamental Principles and Rights at Work, freedom of association, employers' organizations, workers' organizations, collective bargaining, social justice, social development, COVID-19.

The Crisis and National Labour Law Reforms

2012 ◽  
Vol 3 (1) ◽  
pp. 54-69 ◽  
Author(s):  
Stefan Clauwaert ◽  
Isabelle Schömann
Keyword(s):  
Collective Bargaining ◽  
Large Scale ◽  
Negative Impact ◽  
Industrial Relations ◽  
European Countries ◽  
Soft Law ◽  
Social Rights ◽  
Labour Law ◽  
Social Dialogue ◽  
Minimum Standards

This paper1 maps the labour law reforms in various European countries either triggered by the crisis or introduced using the crisis – falsely – as an excuse. Such reforms generally render existing labour law provisions more flexible and loosen minimum standards, shifting the emphasis to soft law (deregulation). In some countries it consists only of piecemeal although significant deregulatory measures, while in others it involves far-reaching overhauls of the whole labour code. Furthermore, in several countries fundamental changes are being made to industrial relations structures and processes which might jeopardise social dialogue and collective bargaining there. The authors critically address this large-scale deregulation of labour law currently taking place, in particular the lack of democratic foundations underlying the reforms and their negative impact on fundamental social rights and workers' protection.

scholarly journals Religion and Workers’ Associations for Decent Work in Spain

2021 ◽  
Vol 10 (5) ◽  
pp. 169
Author(s):  
Miguel González-González ◽  
Óscar Fernández-Álvarez ◽  
Kouadio-Alexis Lally ◽  
Sara Ouali-Fernandez
Keyword(s):  
Discourse Analysis ◽  
Critical Discourse Analysis ◽  
Working Conditions ◽  
Human Life ◽  
Critical Discourse ◽  
Religious Organizations ◽  
Decent Work ◽  
Social Anthropology ◽  
Social Dialogue

This paper analyzes the role of Catholic religious organizations and worker groups in their commitment to achieve the promotion of decent working conditions. Methodologically, critical discourse analysis (CDA) and the valuation of social anthropology applied to social and political regulations are used. The results show that defending decent work means putting people at the heart of matters and considering work a fundamental right for the dignity of human life. Conclusions show that actions such as guaranteeing workers’ rights, extending social protections, and promoting social dialogue are seen as essential in achieving the aim of decent work.

scholarly journals Collective Bargaining in the Renewed Spanish Labour Law: a New Tool for Economic Policy?

2019 ◽  
Vol 9 (1) ◽  
pp. 7-18 ◽  
Author(s):  
Miguel Rodríguez-Piñero Royo
Keyword(s):  
Economic Policy ◽  
Collective Bargaining ◽  
Working Conditions ◽  
Financial Crises ◽  
Labour Law ◽  
Labour Relations ◽  
Collective Agreements ◽  
Democratic State ◽  
External Pressures ◽  
The World

As in any other advanced democratic State, collective bargaining plays a central role in Spanish labour relations. Latest labour law reforms during the world financial crises have substantially affected this institution, and rules governing collective bargaining have changed profoundly, coherently with the general objective to increase employers’ ability to change its contents and to avoid the so-called “rigidification” of working conditions. Its role is formaly more important, but an objective analysis of this new regulations and its impact on Spanish labour relations leads to a completely different conclusion. It has been converted into an instrument of economic policy, with weaker collective agreements, allowing a general wage devaluation. This experience shows the vulnerability of collective labour law to external pressures. The temptation of using instruments of social dumping can be strong, producing changes in collective labour law that impose a model of collective bargaining unbalanced towards management’s interests. La negociación colectiva juega en España un papel central en las relaciones laborales. Las recientes reformas del Derecho del Trabajo han cambiado radicalmente esta institución, y su marco normativo ha cambiado en profundidad, de manera coherente con un objetivo general de favorecer la flexibilidad en las empresas y evitar la “rigidificación” de sus condiciones de trabajo. Formalmente, su papel se ha fortalecido, pero un análisis objetivo lleva a una conclusión completamente distinta. Se ha convertido en un instrumento de política económica, con convenios más débiles, que han conducido a una devaluación salarial. Esta experiencia demuestra la vulnerabilidad del derecho colectivo del trabajo a las presiones externas. Puede haber una fuerte tentación para el uso de instrumentos de dumping social, produciendo cambios en el Derecho colectivo que impognan un modelo de negociación colectiva desequilibrado en favor de los intereses empresariales.

scholarly journals A kollektív munkaszerződés szabályozásának problémái Romániában

2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek
Keyword(s):  
Collective Bargaining ◽  
Bargaining Power ◽  
Collective Agreement ◽  
Labour Law ◽  
Drastic Reduction ◽  
Social Dialogue ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners ◽  
Definition Of

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

scholarly journals CONDIÇÕES DE TRABALHO EM UMA MADEIREIRA EM BELO JARDIM, PERNAMBUCO

Nativa ◽  
2019 ◽  
Vol 7 (6) ◽  
pp. 734
Author(s):  
Luana Guedes da Silva Cavalcanti ◽  
Rafael Leite Braz ◽  
Eliane Cristina Sampaio de Freitas ◽  
Anderson Oliveira de Lima
Keyword(s):  
Working Conditions ◽  
Health And Safety ◽  
Workplace Safety ◽  
Point Of View ◽  
Wood Processing ◽  
Medical Control ◽  
Labor Legislation ◽  
Technical Report ◽  
Conditions Of Work

O setor madeireiro, apesar de possuir destaque dentro do cenário industrial brasileiro, caracteriza-se como um setor com grande potencial de ocorrência de acidentes e desencadeamento de doenças ocupacionais, mostrando que este não gera impacto somente na natureza, mas na qualidade de vida. O objetivo desse trabalho foi identificar as condições de trabalho em uma indústria de beneficiamento de madeira em Belo Jardim, Pernambuco, sob o ponto de vista da salubridade e da segurança, a fim de propor melhorias e adequações a serem realizadas de acordo com a legislação trabalhista vigente. A partir das metodologias das Normas de Higiene Ocupacional, verificou-se a necessidade de mudanças pontuais no layout da empresa, além da necessidade de trocar o protetor auricular e desenvolver um projeto para otimizar a iluminação da fábrica de maneira geral. Para atendimento à legislação trabalhista, existe a necessidade de elaboração de laudo técnico de condições ambientais do trabalho, formação de comissão interna de prevenção de acidentes e desenvolvimento de um programa de controle médico e saúde ocupacional, incentivando a prática de realização de exames periódicos nos funcionários.Palavras-chave: salubridade; ergonomia; segurança do trabalho; legislação trabalhista. WORKING CONDITIONS IN A WOOD INDUSTRY IN BELO JARDIM, PERNAMBUCO ABSTRACT: The timber industry in general has a great prominence within the Brazilian industrial scenario, is still a sector with great potential for accidents and triggering of occupational diseases, showing that this does not only impact on nature, but on the quality of life This study aimed to identify the working conditions in a wood processing industry in Belo Jardim, Pernambuco, from the point of view of health and safety, in order to adapt them according to the current labor legislation. Based on the methodologies of Occupational Hygiene Standards, it was verified the need for specific changes in the company layout, change the hearing protector and develop a project to optimize the lighting of the factory. In order to comply with labor legislation, there is a need for the preparation of a technical report on environmental conditions of work, formation of an internal accident prevention committee, and development of a medical control and occupational health program, encouraging the practice of periodic exams for employees.Keywords: health; ergonomics; workplace safety; labor legislation.

scholarly journals FORMATION GENESIS AND MODERN CONTENT FOR THE CONCEPT OF DECENT WORK

2019 ◽  
pp. 62-67
Author(s):  
I. Sakharuk
Keyword(s):  
Working Conditions ◽  
Social Protection ◽  
Economic Status ◽  
Well Being ◽  
International Standards ◽  
Decent Work ◽  
Equal Rights ◽  
Labour Relations ◽  
Social Dialogue ◽  
Productive Employment

The article is aimed at researching the concept of decent work as a strategic direction of the labour legislation development in XXI century. De- cent work is considered as the basis for sustainable development, overcoming poverty and income inequality. The author analyses the stages of formation and development of the concept of decent work in the International Labour Organization (ILO) activity. It also determines the content of the basic dimensions of decent work for ILO standards. There are such elements of the concept of decent work as the fundamental principles and rights at work, the promotion of productive employment, social protection, social dialogue. The need for defining qualitative and quantitative indica- tors to measure progress towards decent work in each country is emphasized. The need for decent work is especially relevant in the modern period, due to the deepening of the human-oriented approach to regulating rela- tions in the field of work. The broader content of the substance of social protection has been identified in comparison with national doctrine, includ- ing measures for social security and protection of workers, as well as working conditions. It is emphasized that nowadays the decent work is the safe work. It is concluded that social dialogue is the key to achieving the goals of decent work, balancing the interests of the state, employees and employers in the field of work. The article summarises scientific approaches to determining the content and objectives of decent work nowadays. The purpose of the concept of decent work is defined as ensuring productive employment, decent working conditions, and opportunities for professional and personal devel- opment of employees on the basis of equality, fairness and security. It is emphasised that the complexity of the concept of decent work, the realiza- tion of this concept will affect not only labour relations, but also at the standard of living of employees and society as a whole. The implementation of international standards for the decent working conditions, decent wages, ensuring equal rights and opportunities allows improving the well- being of employees, their economic status, and also affects the level of the country's economic development.

scholarly journals Do decent working conditions contribute to work–life balance

2018 ◽  
Vol 12 (1) ◽  
pp. 90-104 ◽  
Author(s):  
A.H.M. Belayeth Hussain ◽  
Noraida Endut
Keyword(s):  
Working Conditions ◽  
Latent Variables ◽  
Work Life ◽  
Partial Least Square ◽  
Least Square ◽  
Work Life Balance ◽  
Decent Work ◽  
Life Balance ◽  
Content Type ◽  
Social Dialogue

Purpose The purpose of this study was to explore the contributions of decent work situation to work–life balance of small entrepreneurs. The survey was conducted to uncover the degree and magnitude of essential decent work indicators that can aid the work–life balance situation of small ventures. Design/methodology/approach The study utilized a survey research design and used a five-point Likert type questionnaire to investigate the research questions. Each construct of the scale has its corresponding items, which were measured specifically. To analyze the latent variables, partial least square (PLS)–structural equation modelling with Smart PLS application was used. Findings The findings of this study reveal that social dialogue and stability and security of enterprise have the most significant effects in ensuring work–life balance of an enterprise. Additionally, social dialogue among entrepreneurs has influence in maintaining decent working hours and fair treatment at workplace. Originality/value The value of this study lies in exploring a new dimension of analyzing working conditions in informal sector economy such as small enterprises. Because this research aims to study ventures that are financed by the microcredit institution, whether social financing plays a role in improving work–life balance situation through empowering decent working conditions can be investigated.

The ‘personal work relationship’ in Austria

2019 ◽  
Vol 10 (3) ◽  
pp. 187-197
Author(s):  
Elisabeth Brameshuber
Keyword(s):  
Collective Bargaining ◽  
Minimum Wage ◽  
Working Hours ◽  
Point Of View ◽  
Minimum Wages ◽  
Labour Law ◽  
Contractual Relationship ◽  
The Media ◽  
Work Relationship

When assessing the personal work relationship in Austria, first the contractual relationship needs to be scrutinised. Following the differentiation between employees, semi-dependent workers (with the sub-category of employee-like working persons) and businesspersons, all, only some, or none, of the statutes and laws falling under the category of ‘individual labour law’ (e.g. Working Hours Act, Holidays Act etc) apply. Collective bargaining agreements, providing, amongst others, for minimum wages (N.B. there is no statutory minimum wage in Austria), can be concluded for employees only, though (with very few and specific exceptions for persons in the media sector). This paper analyses the legal situations of the different categories of working persons and critically assesses the non-application of most labour laws, including collective bargaining agreements, to employee-like working persons. It questions whether, from a teleological point of view, a different assessment would be necessary.

scholarly journals Precarious or Protected? Evaluating Work Quality in the Legal Sex Industry

2016 ◽  
Vol 21 (4) ◽  
pp. 173-187 ◽  
Author(s):  
Alice Orchiston
Keyword(s):  
Sex Work ◽  
Working Conditions ◽  
Sex Workers ◽  
Sex Industry ◽  
Labour Law ◽  
Industry Regulation ◽  
Regulatory Model ◽  
And Control ◽  
The Relationship ◽  
Legal Sex

Decriminalising (or legalising) sex work is argued to improve sex workers’ safety and provide access to labour rights. However, there is a paucity of empirical research comparing how different regulatory approaches affect working conditions in the sex industry, especially in relation to venues that are managed by third parties. This article uses a mixed methods study of the Australian legal brothel sector to critically explore the relationship between external regulation and working conditions. Two dominant models of sex industry regulation are compared: decriminalisation and licensing. First, the article documents workplace practices in the Australian legal brothel sector, examining sex workers’ agency, autonomy and control over the labour process. Second, it analyses the capacity of each regulatory model to protect sex workers from unsafe and unfair working conditions. On the basis of these findings, the article concludes that brothel-based sex work is precarious and substantively excluded from the protective mantle of labour law, notwithstanding its legality. It is argued that the key determinant of conditions in the legal brothel sector is the extent to which the state enforces formal labour protections, as distinct from the underlying regulatory model adopted.

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