The Subject of Collective Bargaining for Laborer - The Protection of guaranteed Rights as One of Stakeholders of the Company -

2014 ◽  
Vol 4 (2) ◽  
pp. 105-128
Author(s):  
Jin Wook Kim
Keyword(s):  
Collective Bargaining ◽  
The Subject

scholarly journals Negociação coletiva de trabalho como direito fundamental | Collective labor negotiation a fundamental right

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 409
Author(s):  
Gilberto Stürmer
Keyword(s):  
Collective Bargaining ◽  
Fundamental Rights ◽  
Labor Rights ◽  
Social Rights ◽  
International Labor Organization ◽  
Labor Laws ◽  
Federal Constitution ◽  
International Labor ◽  
The Subject ◽  
Labor Conflicts

Resumo: O presente artigo tem como objetivo analisar a negociação coletiva de trabalho como um direito fundamental. Este artigo parte da analise conceitual do conflitos coletivos de trabalho, seguido pelo estudo da negociação coletiva de trabalho como direito fundamental, com fundamento na Constituição da República Federativa do Brasil de 1988, nas convenções da Organização Internacional do Trabalho ratificadas pelo Brasil sobre a matéria e na legislação nacional sobre o tema, com a recentemente aprovada Lei nº 13.467, de 13 de julho de 2017 que, com a vacatio legis, entrará em vigor 120 dias após a sua publicação. Os novos artigos 611-A e 611-B da Consolidação das Leis do Trabalho propõem força de lei para a negociação coletiva de trabalho, afastando as hipóteses que fazem parte do rol dos direitos fundamentais sociais trabalhistas previstos no artigo 7º da Constituição Federal e que não podem ser objeto de negociação. Palavras-chave: conflitos coletivos de trabalho. Negociação coletiva de trabalho. Direitos sociais. Direitos fundamentais. Reforma trabalhista. Abstract: [This article aims to analyze collective bargaining as a fundamental right. This article is based on the conceptual analysis of collective labor conflicts, followed by the study of collective bargaining as a fundamental right, based on the Constitution of the Federative Republic of Brazil of 1988, the International Labor Organization conventions ratified by Brazil on the subject and In the national legislation on the subject, with the recently approved Law no. 13467 of July 13, 2017 which, with the vacatio legis, will come into force 120 days after its publication. The new Articles 611-A and 611-B of the Consolidation of Labor Laws propose a force of law for the collective bargaining of labor, removing the assumptions that form part of the list of fundamental social labor rights provided for in article 7 of the Federal Constitution and which do not Can be traded. Keywords: Collective labour negotiation. Fundamental rights. Labor reform. Social rights.

Reading Hugh Clegg’s ‘The Bullock Report and European Experience’ (1977) in Historical Context

2020 ◽  
Vol 41 (1) ◽  
pp. 189-196
Author(s):  
Peter Ackers
Keyword(s):  
Collective Bargaining ◽  
Free Trade ◽  
Trade Unions ◽  
Industrial Relations ◽  
Historical Context ◽  
Industrial Democracy ◽  
Institutional Practices ◽  
European Experience ◽  
The Subject ◽  
Practical Task

Hugh Clegg’s riposte to the 1977 Bullock Report on Industrial Democracy was one of seven papers published from a conference on the subject in April that year. His contribution has to be seen against his long-standing views (expressed, for example, in 1951 and 1960) on industrial democracy which he saw in practical terms as free trade unions conducting collective bargaining. On the Donovan Commission (1965-68), he supported the majority opposition to recommending even voluntary schemes for worker directors. In 1977 he regarded worker directors as irrelevant to the urgent, practical task of reforming British industrial relations. For Clegg, continental versions of industrial democracy worked where there was already a successful prior industrial relations system, developed through workplace and industry institutional practices over decades. One new, top-level initiative could not create that.

Towards a Latin American Sociology of Labour

1990 ◽  
Vol 22 (1-2) ◽  
pp. 375-402
Author(s):  
Francisco Zapata
Keyword(s):  
Working Class ◽  
Collective Bargaining ◽  
Latin American ◽  
Shop Floor ◽  
Historical Reconstruction ◽  
Working Population ◽  
Bargaining Process ◽  
American Sociology ◽  
Sociological Approach ◽  
The Subject

General overviews of Latin American labour (Erickson, Peppe, Spalding, 1974; Roxborough, 1986) have contributed to a synthesis of the major findings on the subject resulting from the work of labour historians and political scientists. Yet the authors have focused on recent contributions without trying to establish the sequence according to which the field has developed. This article discusses the evolution of Latin American labour studies from what was once the privileged domain of ideologues and militants (Mariátegui, 1928; Jobet, 1955; Ramírez Necochea, 1956; Lora, 1967) to a more sociological approach in recent years. Our purpose is to show how the analysis of labour has undergone a profound transformation as a result of this change in focus. While the ideological focus gave importance to the historical reconstruction of the different phases of the process of working-class formation and to the narration of the ‘heroic moments’ when labour forged its identity struggling against the State, what we can call the sociological focus has emphasised such factors as the geographical and sectoral distribution of the working population, the process of unionisation, the attitudes of workers in relation to industrial labour, democracy and relations of authority on the shop floor, worker consciousness and the collective bargaining process.1

The Political Analysis of Negotiation: How Who Gets What and When

1974 ◽  
Vol 26 (3) ◽  
pp. 385-399 ◽  
Author(s):  
I. William Zartman
Keyword(s):  
Decision Making ◽  
Collective Bargaining ◽  
Political Process ◽  
The Political ◽  
Political Analysis ◽  
Underdeveloped Area ◽  
Decision Making Processes ◽  
Complex Models ◽  
The Subject ◽  
Number Of Parties

Negotiation is one of the basic political or decision-making processes, but if processes in general have been sorely neglected in political analysis, negotiation has been neglected more than most. Legislation as an institutional function has a respectable literature; as a process wherein goal values are constant and decisions are made by aggregating a sufficient number of parties to constitute a numerically superior side, it has become the subject of coalition theory. Adjudication has also given rise to a large quantity of institutional literature, although a theory explaining the process wherein a single party combines events and values to produce a decision is less well established. Similarly, diplomacy—and more recently, collective bargaining—has been thoroughly described, and economists and mathematicians using game and utility theories have developed some complex models of bargaining. But negotiation as a political process, specifically explained in terms of power, is an underdeveloped area of theory.

Employees and Trade Unions

2017 ◽  
Author(s):  
Christopher Mallon ◽  
Shai Y. Waisman ◽  
Ray C. Schrock
Keyword(s):  
Collective Bargaining ◽  
Information Sharing ◽  
Trade Unions ◽  
Case Law ◽  
Good Faith ◽  
The Other ◽  
Playing Field ◽  
The Subject ◽  
The Uk ◽  
Require Information

At first blush, the UK and US case law and statutory regimes that are applicable in insolvency to employees and the unions that represent them appear to be quite different. However, a more thorough review reveals that the goal in both jurisdictions is the same: to reduce the harsh impact of insolvency on those who are usually the least at fault for the subject company’s predicament’its employees. Indeed, among other similarities, both systems provide for priority in right of payment for a portion of the compensation due employees, have stringent notice requirements in the event of termination or rejection of collective bargaining agreements, and require information sharing and good faith negotiations. The underlying objective of each system is to level the playing field and to incentivize the employer and the employees to reach a consensual solution to avoid the risks and burdens mandated by each regime. Whether the legislators, administrators, and jurists in either jurisdiction have gone too far or not far enough in developing tools for one side or the other will depend on the reader’s perspective.

scholarly journals A ação anulatória de cláusulas normativas / The action anulatory of normal clauses

2017 ◽  
Vol 44 (1) ◽  
Author(s):  
Zélia Maria Cardoso Montal
Keyword(s):  
Collective Bargaining ◽  
Legal System ◽  
The Public ◽  
Its Analysis ◽  
Democratic State ◽  
The Face ◽  
The Subject

Resumo: Esta pesquisa analisa a Ação Anulatória de Cláusulas Normativas, prevista no artigo 83, inciso IV da Lei Complementar nº 75 de 20/05/1993, enfocando especialmente a competência funcional ou hierárquica para o processamento e julgamento desta medida processual em face de existência de uma divergência jurisprudencial e doutrinária sobre o tema. Será analisada a legitimidade pelo Ministério Público do Trabalho para a propositura desta ação, bem como a competência material da Justiça do Trabalho para sua análise e julgamento. Este instrumento processual se mostra fundamental no âmbito do Estado Democrático de Direito para o controle dos acordos e das convenções coletivas de trabalho, em especial se afrontarem o mínimo ético irredutível garantido ao cidadão trabalhador pelo ordenamento jurídico brasileiro.   Abstract: This research analyzes the Annulment Action of Normative Clauses, foreseen in article 83, item IV of Complementary Law nº 75 of 05/20/1993, focusing especially on the functional or hierarchical competence for the processing and judgment of this procedural measure in the face of existence of a jurisprudential and doctrinal divergence on the subject. The legitimacy of the Public Prosecutor's Office will be analyzed for the filing of this action, as well as the material jurisdiction of the Labor Court for its analysis and judgment. This procedural instrument is fundamental in the scope of the Democratic State of Law for the control of agreements and collective bargaining agreements, especially if they face the irreducible ethical minimum guaranteed to the working citizen by the Brazilian legal system.

scholarly journals WORKER´S REPRESENTATIVES IN COMPANIES AND THE BRAZILIAN CONSTITUTION OF 1988

2020 ◽  
Vol 18 (29) ◽  
pp. 318
Author(s):  
Luiz Eduardo Gunther ◽  
Marco Antônio César Villatore ◽  
Augustus Bonner Cochran III
Keyword(s):  
Collective Bargaining ◽  
Practical Implementation ◽  
Labor Reform ◽  
The Subject

Objective: The objective of the research is to analyze whether the representation of workers in companies can validate collective bargaining in the same way as unions? What is the role of this commission in Brazil?Methodology: the methodology used is deductive, as for the means, the research was bibliographic, using doctrine, legislation, ILO Convention. As for the purposes, the research was qualitative.Results: The article analyzes the need for a constructive and democratic interpretation to enable the representation of workers effectively in our country.Contributions: The workers' representation institute received ILO treatment through Convention No. 135 and Recommendation No. 143, both from 1971. The 1988 Constitution dealt with the subject in art.11, but the practical implementation of this body did not occur. Only with the 2017 labor reform was the issue regulated, allowing its implementation in Brazilian companies. Thus, the contribution is towards presenting a solution to the phenomenon of worker representation, via constructive and democratic interpretation.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

Artificial satellite orbit computations

1966 ◽  
Vol 25 ◽  
pp. 363-371
Author(s):  
P. Sconzo
Keyword(s):  
Artificial Satellite ◽  
Satellite Orbit ◽  
Artificial Satellites ◽  
Orbital Elements ◽  
Differential Correction ◽  
Gravitational Effects ◽  
Short Intervals ◽  
The Subject ◽  
Introductory Discussion ◽  
Orbit Computation

In this paper an orbit computation program for artificial satellites is presented. This program is operational and it has already been used to compute the orbits of several satellites.After an introductory discussion on the subject of artificial satellite orbit computations, the features of this program are thoroughly explained. In order to achieve the representation of the orbital elements over short intervals of time a drag-free perturbation theory coupled with a differential correction procedure is used, while the long range behavior is obtained empirically. The empirical treatment of the non-gravitational effects upon the satellite motion seems to be very satisfactory. Numerical analysis procedures supporting this treatment and experience gained in using our program are also objects of discussion.

C. Wire Cabling for Telescope Systems

1966 ◽  
Vol 27 ◽  
pp. 159-161
Keyword(s):  
The Subject ◽  
Data Multiplexing

Rule: I'd like at this point to bring up the subject of cables and wireways around the telescope. We've touched upon this twice during previous sessions: the cable wrap up problem, the communications problem, and data multiplexing problem. I think we'll ask Bill Baustian if he will give us a brief run down on what the electrical run problems are, besides doubling the system every year.

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