scholarly journals The legal status of trade unions that associate workers employed under civil law contracts and trade union officials in Poland

2021 ◽  
Vol 2021 (5) ◽  
pp. 11-16
Author(s):  
Krzysztof Wojciech Baran ◽  
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Civil Law

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

9. Collective labour law

2019 ◽  
pp. 649-719
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action, which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout, as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

scholarly journals Implementation of the Right of Workers Employed through the Internet Platforms to Unionize in European Countries and in the Russian Federation

2021 ◽  
Vol 16 (2) ◽  
pp. 88-101
Author(s):  
T. A. Izbienova ◽  
A. K. Bezina
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Industrial Revolution ◽  
Negative Impact ◽  
Legal Aspects ◽  
Labor Rights ◽  
The Internet ◽  
Rights Protection ◽  
The Right

The paper is devoted to examining some legal aspects of implementation of the right to unionize for individuals employed through the Internet platforms — digital applications that serve as a link between the participant providing the service and its consumer. The emergence of such intermediaries has become a part of digitalization of wage labor characterizing the beginning of the 4th Industrial Revolution. The modern labor market is characterized by instability due to the withdrawal of some sectors of the economy from the traditional Fordist model of labor organization. The instability caused desocialization of workers, their disintegration and had a negative impact on the traditional labour movemen that has always been expressed in the form of trade unions. In this regard, the authors’ objective is to investigate the prospects and legal grounds for creating unions of workers employed through the Internet platforms, as well as the legal specifics of their labor rights protection with due regard to their precarious legal status. To achieve this objective, it was necessary to resolve the issues of expediency, effectiveness of trade union protection of digital labor and the place of trade unions in social and partnership relations with the participation of workers employed through the Internet platforms. The author formulates the conclusion about the effectiveness of trade union protection of labor rights of workers employed through the Internet platforms, provided the socio-partner procedures are employed.

British Trade Union Law Since the Trade Disputes and Trade Union Act of 1927

1932 ◽  
Vol 26 (2) ◽  
pp. 345-351
Author(s):  
Edwin E. Witte
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Trade Disputes ◽  
British Trade ◽  
American Interest ◽  
Recent Developments ◽  
History Of ◽  
Entire History ◽  
The Subject

Judging from articles on the subject, American interest in British trade union law has been considerable, but spasmodic. Every important decision or statute affecting the legal status of the British trade unions has been followed by articles on this side of the Atlantic outlining the entire history of the British law of labor combinations and attempting to forecast the outcome of the most recent developments. Between times, the subject has not been discussed and no one has presented the actual results of the heralded developments. The Trade Disputes and Trade Union Act of 1927 is the most recent of these developments noted in this country.

scholarly journals TRADE UNIONS AS AN INTEGRAL ELEMENT OF PUBLIC SERVICE

2019 ◽  
pp. 13-19
Author(s):  
O.S. Bezvin
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Civil Service ◽  
The State ◽  
Civil Servants ◽  
Labor Rights ◽  
Rights And Interests ◽  
Trade Union Organization

The article deals with the trade unions as a grant to protect the rights and interests of civil servants, reveals the main tasks of trade unions. The activity of trade union organizations in the structure of the state body in Ukraine is analyzed. The legal mechanisms of asserting the violated rights of a civil servant by a trade union organization of a public body and the role of trade unions in protecting the rights of civil servants in developed countries are emphasized. The state at certain times gave the trade unions great powers to protect the rights and interests of workers, and then deprived the trade unions of these powers. In connection with this, various problems arose in regulating the activities of trade unions in the protection of individual and collective rights and interests in the protection of public servants. All this affected the legal status of trade unions. However, it should be noted that trade unions are in constant flux and this leads to improvements in the regulations governing their activities. However, it should be noted that today there are many problems in Ukraine regarding the exercise by the trade union organizations of their powers in the civil service. In particular, the legal status of trade unions in the civil service is not regulated enough, which, in turn, does not allow them to fully protect the legal rights and interests of civil servants. Considering the importance of trade unions in protecting labor rights and the socio-economic interests of workers, in developing democratic forms of citizen participation in managing economic and political processes, a democratic, legal, and social state, which is Ukraine, should support trade unions and take care of legislative consolidation. their authority. Trade unions at all levels should once again return to the consideration of their core functions and pay attention to those that will now be more conducive to the achievement of the main objective of the creation and activity of trade unions – the protection of social-labor rights and interests of trade union members. Today’s Ukraine needs strong unions. A strong union is a union that effectively protects the interests of its members, enjoys their trust and support, is able to organize, if necessary, collective action to protect the socio-economic rights and interests of employees, has sufficient organizational, financial, and human resources to fulfill its statutory tasks. Keywords: trade union organization, protection, rights, the role of trade unions, legal mechanisms.

9. Collective Labour Law

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Legal Status ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The law relating to domestic and European works councils is also considered.

The Amendment of the Wage-Fund Theory and the Legalization of British Trade Unions in 1871

2021 ◽  
Vol 42 (1) ◽  
pp. 1-25
Author(s):  
Michel S. Zouboulakis
Keyword(s):  
Collective Action ◽  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Industrial Relations ◽  
Wage Bargaining ◽  
Royal Commission ◽  
The United Kingdom ◽  
Legal Position

Before the Trade Union Act 1871 the legal position of trade unions in the United Kingdom was at best ambiguous, as in many ways they remained outside the law. At the same time, Political Economy maintained that, given a country’s stock of capital and the population of workers, any rise in wages would undermine profits and accumulation. This provided the rationale for politicians and industrialists to argue that wages were not negotiable and that collective action was illegitimate. In reviewing William Thornton’s defence of workers’ right to claim higher wages, John Stuart Mill accepted that the denial of the positive effect of trade unions on wages ‘is deprived of its scientific foundation’. Using evidence from debates in the Royal Commission on Trade Unions, 1867-69, this article examines the extent to which Mill’s acceptance of the economic argument in favour of trade-union collective action contributed to improving the legal status and role of unions in wage bargaining and to change in industrial relations.

Current State and Trends in the Legal Regulation of Trade Unions in Ukraine

2020 ◽  
Vol 27 (2) ◽  
pp. 107-118
Author(s):  
Kostiantyn Melnyk
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
System Analysis ◽  
Legal Regulation ◽  
The Sustainable Development ◽  
Current State ◽  
Maximum Effort ◽  
Level 3 ◽  
Labour Legislation

The paper investigates the relevant issues in both the science of labour law and the rule-making activities on the current state and trends in the legal regulation of trade unions in Ukraine. The relevance of the study is conditioned by the importance of social dialogue both in world of work and in other spheres of life of Ukrainian society for the sustainable development of the national economy and the state in modern conditions. The purpose of the paper is to provide scientifically sound conclusions and proposals for improving the legal regulation of trade unions in Ukraine. The study applied general scientific and special methods of scientific knowledge (dialectical, Aristotelian, comparative legal, system analysis) to inspect the legal status of trade unions; the provisions of the current national labour legislation and the legislation in the field of trade union rights were compared with the provisions of the draft Labour Code of Ukraine, the Law of Ukraine "On Labour", etc., which stipulate the rights of trade unions. The study concludes on necessity of the following: 1)to preserve to the full the provisions aimed at ensuring the proper operation of trade unions as representatives and defenders of labour rights of their members in relations with employers and maintenance of high authority and status of trade unions in enterprises, institutions, organisations in current and future national labour legislation and legislation on trade unions; 2) to introduce new forms and methods of activity of trade unions in Ukraine, as well as to coordinate their activities and association with trade unions operating at the supranational level; 3) to make maximum effort to ensure equality of rights of all trade unions in Ukraine and the possibility of exercising the rights, powers, and guarantees of activities stipulated by national labour legislation and legislation in the field of trade union rights

Legal Status of Good Samaritan Law in Chinese Civil Law

2019 ◽  
Vol 6 (2) ◽  
pp. 27-52
Author(s):  
Won-seuk  Choi  ◽  
Young-jae Lee 
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Good Samaritan
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