scholarly journals Trade Unions’ Rights, Work Councils’ Functions and the Legal Framework for Governing European Corporations: a Spanish Perspective

2019 ◽  
Vol 9 (1) ◽  
pp. 19-31
Author(s):  
Juan Pablo Landa
Keyword(s):  
Trade Unions ◽  
Legal Framework ◽  
European Countries ◽  
Firm Level ◽  
Collective Agreements ◽  
Effective System ◽  
Toma De Decisiones ◽  
European Regulations ◽  
Analytical Research ◽  
Double Channel

This paper provides analytical research about changing legislation on the functions of work councils and trade unions in participating in the decision making process at firm level in European countries with systems of double channel based models of representation (like Spain, France or Germany). The paper tests European regulations on the involvement of workers in management decisions, in connection with national rulings passed in some European countries, especially during the financial crisis. The paper will aim at responding the following key questions: What kind of complementarity is to be statutorily built between the functions of work councils and collective agreements in order to guarantee workers’ participation in the governance of corporations? Is codetermination a more effective system than collective bargaining to build on new forms of corporate governance in a transnational context? El presente artículo ofrece una investigación analítica de la cambiante legislación sobre las funciones de los comités de empresa y de los sindicatos para participar en los procesos de toma de decisiones en el seno de la empresa, en países europeos con sistemas basados en la doble representación, como España, Francia y Alemania. El artículo pone a prueba la capacidad de las regulaciones para implicar a los trabajadores en decisiones administrativas, en relación con legislaciones nacionales aprobadas en algunos países, especialmente durante la crisis financiera. El artículo se propone responder a las siguientes preguntas claves: ¿Qué tipo de complementariedad estatutaria debería construirse entre las funciones de los comités de empresa y los acuerdos colectivos para garantizar la participación de los trabajadores en el gobierno de las empresas? ¿Es acaso la codeterminación un sistema más efectivo que la negociación colectiva para construir nuevas formas de gobernanza corporativa en un contexto trasnacional?

Institutional effects on the presence of trade unions at the workplace: Moderation in a multilevel setting

2011 ◽  
Vol 17 (2) ◽  
pp. 153-169 ◽  
Author(s):  
Zoltán Fazekas
Keyword(s):  
Multilevel Analysis ◽  
Present Article ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
European Countries ◽  
Individual Level ◽  
Institutional Effects ◽  
Collective Agreements ◽  
Very High

Previous research has found that the presence of a union at a workplace is an important individual-level determinant of union membership. The present article, drawing on a multilevel analysis of 21 European countries, provides further evidence which nuances the conclusions of previous studies by introducing and testing institutional moderation effects. Thus, in countries with Ghent systems, having a union at workplace is less important, since probability of membership is already very high. Conversely, if there are extension mechanisms for collective agreements there is less incentive to join a trade union, and this is not compensated even when there is an active union at the workplace.

Employee representatives’ influence on continuing vocational training: The impact of institutional context

2016 ◽  
Vol 23 (2) ◽  
pp. 169-185
Author(s):  
Tobias Wiß
Keyword(s):  
Trade Unions ◽  
Vocational Training ◽  
Firm Level ◽  
Needs Assessments ◽  
Collective Agreements ◽  
Country Level ◽  
Company Survey ◽  
Logistic Regressions ◽  
Continuing Vocational Training ◽  
The Impact

What factors determine the involvement of employee representatives in continuing vocational training? This article uses data from the European Company Survey 2009 to examine firm-level and country-level characteristics in 27 European Union (EU) countries. Multilevel logistic regressions indicate that employee representatives increase the probability of companies providing training needs assessments and time off for training. This association is stronger for disadvantaged groups of employees (low-skilled or temporary employees) if the representatives receive support from encompassing collective agreements, strong trade unions or regular training.

scholarly journals Ratification of International Labour Convention and the Reformation of Trade Union Recognition Process in Malaysia

2021 ◽  
Vol 29 (1) ◽  
Author(s):  
Siti Suraya Abd Razak ◽  
Nik Ahmad Kamal Nik Mahmod
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Structured Interviews ◽  
Recognition Process ◽  
Collective Agreements ◽  
The Reformation ◽  
The Impact

The decline in the density of trade unions and the decreasing number of collective agreements had resulted in a deplorable situation in Malaysia. It is difficult to resolve the problems because the trade unions’ recognition process is often complex and legislatively restrictive. Nonetheless, the ratification of the International Labour Convention and ILO Convention No.87 could be a stepping stone in the reformation of the recognition process’s legal framework. Therefore, the present paper analysed the role of the ILO convention in reforming the trade union recognition process in Malaysia. Additionally, a qualitative method was employed to examine the role of the convention and its mechanism in the reformation of trade union recognition. Next, pure legalistic analysis and semi-structured interviews were conducted with the industrial relations key player to obtain their perspectives on the effect of ratification on industrial relations. Based on the generated outcomes, there were mixed views on the ratification of the stated convention. Additionally, this paper analysed the impact of the ratification of the convention by the member states of the ILO and how these countries benefitted from the ratification. Finally, this paper concluded that despite the challenges, the ratification of the convention improved the trade union recognition process in Malaysia. Therefore, the Malaysian government should immediately ratify ILO Convention No.87.

Academic Technology Transfer in Poland-30 Years of Growth

2020 ◽  
Vol 7 (1) ◽  
pp. 25-32
Author(s):  
Krystian Gurba
Keyword(s):  
Technology Transfer ◽  
Private Sector ◽  
Institutional Environment ◽  
Innovation System ◽  
Legal Framework ◽  
European Countries ◽  
Support Programs ◽  
Significant Delay ◽  
Academic Technology ◽  
The Status

Organizations managing technology transfer from universities to the private sector, although born in Poland with a significant delay compared to Western European countries, are currently important actors in the Polish innovation system. The article summarizes the process of shaping the role and models of the functioning of these organizations. It discusses the status and functions of technology transfer centers and the institutional environment of academic technology transfer in Poland: legal framework, support programs, and partner organizations. Furthermore, it highlights the importance of cooperation networks in technology transfer and draws attention to specific initiatives focused on technology transfer in the biotechnology and pharmacy sectors.

Schwäche der Tarifautonomie und Legitimitätsfragen im Arbeitsrecht und im Sozialrecht

2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth
Keyword(s):  
Social Security ◽  
Minimum Wage ◽  
Trade Unions ◽  
System Change ◽  
State Regulation ◽  
The State ◽  
Social Security Administration ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.

The Developmental Consequences for Asylum-seeking Children Living With the Prospect for Five Years or More of Enforced Return to Their Home Country

2009 ◽  
Vol 11 (1) ◽  
pp. 41-67 ◽  
Author(s):  
M.E. Kalverboer ◽  
A.E. Zijlstra ◽  
E.J. Knorth
Keyword(s):  
Home Country ◽  
Children's Rights ◽  
Legal Framework ◽  
European Countries ◽  
Children’S Rights ◽  
Positive Development ◽  
Member States ◽  
Developmental Risks ◽  
Western European ◽  
Legal Procedures

This study examines the European legal framework and policy on children’s rights and on the development and developmental risks of children from asylum-seeking families who have lived in asylum centres for over five years with the prospect of being forced to return to their home country. The legal procedures and practices of Member States in the Western European countries seem to be far too lengthy, and the standards for reception far too low to protect the children’s positive development.

scholarly journals Barriers to Biosimilar Prescribing Incentives in the Context of Clinical Governance in Spain

2021 ◽  
Vol 14 (3) ◽  
pp. 283
Author(s):  
Félix Lobo ◽  
Isabel Río-Álvarez
Keyword(s):  
Health Services ◽  
Trade Unions ◽  
National Level ◽  
Professional Associations ◽  
Legal Framework ◽  
Clinical Governance ◽  
Monetary Incentives ◽  
Public System ◽  
The Public ◽  
Micro Level

Incentives contribute to the proper functioning of the broader contracts that regulate the relationships between health systems and professionals. Likewise, incentives are an important element of clinical governance understood as health services’ management at the micro-level, aimed at achieving better health outcomes for patients. In Spain, monetary and non-monetary incentives are sometimes used in the health services, but not as frequently as in other countries. There are already several examples in European countries of initiatives searching the promotion of biosimilars through different sorts of incentives, but not in Spain. Hence, this paper is aimed at identifying the barriers that incentives to prescribe biosimilars might encounter in Spain, with particular interest in incentives in the framework of clinical governance. Both questions are intertwined. Barriers are presented from two perspectives. Firstly, based on the nature of the barrier: (i) the payment system for health professionals, (ii) budget rigidity and excessive bureaucracy, (iii) little autonomy in the management of human resources (iv) lack of clinical integration, (v) absence of a legal framework for clinical governance, and (vi) other governance-related barriers. The second perspective is based on the stakeholders involved: (i) gaps in knowledge among physicians, (ii) misinformation and distrust among patients, (iii) trade unions opposition to productivity-related payments, (iv) lack of a clear position by professional associations, and (v) misalignment of the goals pursued by some healthcare professionals and the goals of the public system. Finally, the authors advance several recommendations to overcome these barriers at the national level.

Social protests, discontent and politics in southern and eastern Europe

2018 ◽  
Vol 24 (2) ◽  
pp. 195-215 ◽  
Author(s):  
Maria da Paz Campos Lima ◽  
Antonio Martín Artiles
Keyword(s):  
Political Institutions ◽  
Trade Unions ◽  
Contentious Politics ◽  
European Social Survey ◽  
European Countries ◽  
Necessary Condition ◽  
Eastern European ◽  
Social Survey ◽  
Social Protests

Taking into consideration the debate on the role of social movements and of trade unions in organising social protests, in the light of contentious and conventional politics, this article examines participation in demonstrations in Europe and the political attitudes of the participants. The article uses data from the European Social Survey to examine the differences and similarities between European countries in respect of mobilisation levels over the past decade, arguing that distrust and dissatisfaction with political institutions might be a necessary condition but not a sufficient one to justify resorting to contentious politics. The article reveals the contrasts between the levels of mobilisation in southern European countries (Portugal and Spain) and Central and Eastern European (CEE) countries (Hungary and Poland) and examines the patterns and (re)configuration of the profile of the protestors in the 2002–2014 period.

scholarly journals Information and analytical support as an element of organization of economic security of entrepreneurial activity

2021 ◽  
pp. 77-81
Author(s):  
Є.В. Воронюк
Keyword(s):  
Organizational Structure ◽  
Organizational Support ◽  
Economic Security ◽  
Information Support ◽  
Entrepreneurial Activity ◽  
Analytical Work ◽  
Effective System ◽  
Analytical Research ◽  
Definition Of ◽  
Available Information

The article describes the importance of information and analytical support for the formation of organizational support for economic security of business. The stages and principles of formation of information-analytical support for creation of system of economic safety of the enterprise are analyzed. The connection and the nature of the influence of information-analytical activity and organizational support of economic security of the enterprise are investigated. It is important for the management of each organization to develop an individual mode of working with information, especially at the stage of its accumulation and analysis. Only a detailed and step-by-step definition of the process of working with information resources of various departments and officials increases the effectiveness of organizational support of economic security of the enterprise. The quality of analytical support is the basis for building an effective system of economic security of the enterprise and one of the key factors in its development. The harmonious combination of information-analytical work and the organization of economic security is a problem for the management of the business structure and requires a constant, operational study of the economic efficiency of the existing organizational structure.Adjusting the organizational structure directly affects the company's ability to withstand threats and risks from the external and internal environment. Modernity puts forward specific conditions for the economic security of the enterprise, especially given the deepening of the role and increase the amount of available information. The information array, which is freely available, is constantly replenished, which requires decision-makers to find new methods of information processing. The article analyzes the features of using the results of information support and analytical research to form an effective organizational structure of economic security of the enterprise. The study demonstrates the need for reliable and effective information and analytical support to improve the organizational support of economic security of the enterprise.

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