A study on the confirmation of the parties to the collective agreement under industrial trade union system

2020 ◽  
Vol 98 ◽  
pp. 33-65
Author(s):  
Jong-Hee Park
Keyword(s):  
Trade Union ◽  
Collective Agreement

The Trajectory of Development of Social Partnership

2021 ◽  
Vol 65 (2) ◽  
pp. 117-124
Author(s):  
A. Fedchenko ◽  
E. Dashkova ◽  
N. Dorokhova
Keyword(s):  
Russian Federation ◽  
Trade Union ◽  
Labor Relations ◽  
Local Level ◽  
Organizational Level ◽  
Collective Agreement ◽  
Social Partnership ◽  
The Social ◽  
The Russian Federation ◽  
Collective Contract

Profound changes in the social and labor sphere are followed by both emergence of the new opportunities associated with the development of flexible forms of employment, expansion of opportunities for employment, humanization and digitization of work, and the emergence of new threats: the occurrence of such phenomena as employment preсarization, growth of the informal components in the labor relations, distribution of practice of bringing the labor relations to the civil legal area, and so on. As a result, controversies between the main participants of the social and labor relations grow. An effective and worldwide recognized mechanism of resolving them is the social partnership which has the deep historical roots going back to outstanding thinkers of antiquity. During later historical periods the ideas of social partnership gained development in the works of domestic and foreign scientists, public and statesmen. In the Russian Federation social partnership has the specific trajectory of development which has developed under the influence of both historical and modern factors. The carried-out analysis allowed to reveal the following problems of formation and development of the social partnership system in the Russian Federation: sociocultural features, weakness of the trade-union movement, development of non-standard forms of employment, differentiation of the income of the population, low interest of the government. The designated problems which are slowing down the process of transition of the social and labor relations to partner type are manifested both on federal, and on regional levels. To research the extent of development of collective contract regulation and identification of the problems which take place in the system of social partnership at the local level sociological survey of workers of a number of the Russian organizations was performed. As a result, it was found that collective contract regulation of the social and labor relations in the Russian Federation at the local level demands improvement. The main problems of system of social partnership at the local level are: weak knowledge of trade-union members concerning the activity of those organizations, especially at the sectoral, regional, and territorial levels; unwillingness to resolve the issues of social and labor regulation at the organizational level without governmental support and lack of the developed practice of conducting collective negotiations; passivity and weak motivation of trade-union members in protection of their labor rights; weak feasibility of practical implementation of the collective agreement provisions. The results of the theoretical and empirical researches allow to predict the trajectory of further development of social partnership consisting in strengthening of the social component due to the extension of the database concerning the problems of the social partners.

Workers’ representation and labour conflict at company level

2017 ◽  
Vol 8 (1) ◽  
pp. 45-66
Author(s):  
Vincenzo Pietrogiovanni ◽  
Andrea Iossa
Keyword(s):  
Comparative Analysis ◽  
Trade Union ◽  
Self Regulation ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Swedish Model ◽  
Union Representation ◽  
Recent Trends ◽  
The Relationship ◽  
Autonomous Development

This Article critically evaluates the recent trends in Italian industrial relations in order to highlight the clash between Italian constitutional principles and the autonomous development of self-regulation as for the relationship between representation, conflict and collective agreement. By conducting a comparative analysis with the Swedish model, the article argues that the constitutional principles of the Italian system of industrial relations conceive the collective agreement as a contingent element in the relationship between representation and conflict, whereas the Fiat case (2010) and the latest interconfederal agreements (2013 and 2014) place it at the centre of such a relationship. The Swedish model, instead, regards the collective agreement as a central mechanism through which the signatory trade union trades social peace with privileged rights of representation in the workplace. Through the prism of the Swedish model, the article suggests that Italian industrial relations are turning towards a restrictive system centred on the collective agreement, in which however the obligation of social peace is not exchanged with any strengthening of union representation in the workplace.

scholarly journals Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue

2021 ◽  
Vol 95 ◽  
pp. 7-18
Author(s):  
Tomasz Duraj
Keyword(s):  
Trade Union ◽  
Employment Relationship ◽  
Equal Treatment ◽  
Collective Agreement ◽  
Employment Relations ◽  
Gainful Employment ◽  
Collective Rights ◽  
Adopted Model ◽  
Atypical Employment ◽  
The Right

The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.

scholarly journals The Interests of Employees and the Protection of their Rights in the Digital Network Era

2020 ◽  
pp. 378-390
Author(s):  
Larisa V. Makushina ◽  
Keyword(s):  
Social Networks ◽  
Trade Union ◽  
Trade Unions ◽  
Representative Democracy ◽  
Collective Agreement ◽  
Economic Interests ◽  
Trade Union Movement ◽  
Union Movement ◽  
Digital Network ◽  
Traditional Institutions

The global digital networking of all spheres of life, taking place before our eyes, also affects the field of socio-political relations. A feature of the new era is that the relationship between society and power through the traditional institutions of representative democracy is gradually losing its effectiveness. The emergence of social networks is radically changing the methods of creating a socially significant agenda: if earlier it was articulated “above” and broadcast “down”, now it is increasingly happening “from bottom to top”. Change to network and ways of organizing social movements. The crisis of representativeness has also affected unions. New forms of employment complicate the traditional collective agreement and legislative regulation of this sphere. At the same time, the need for collective protection of the interests of employees remains, but there are no more structural and organizational prerequisites for its implementation. An attempt is being made to replace representative democracy with participatory democracy. At the same time, the traditional institutions of representative democracy do not disappear, but their influence decreases and the role changes. Trade unions as an institution of the political system continue to play a rather prominent role. And the use of modern social technologies gives a new impetus to the development of the ideology of the trade union movement, offers new practical solutions in the implementation of the functions of the trade union movement. In Russia, professional social networks as an instrument of collective protection of the professional interests of workers are only being formed. Time will tell whether they will be a certain stage in the development of the traditional trade union movement or will they fully assume its function: the realization of the idea of joint struggle for the common economic interests of employees.

scholarly journals The tentacles of majoritarianism: How far can they reach into retrenchment?

Obiter ◽  
2021 ◽  
Vol 41 (3) ◽  
pp. 483-503
Author(s):  
Rochelle Le Roux
Keyword(s):  
Trade Union ◽  
Collective Agreement ◽  
Labour Relations ◽  
The Right

Majoritarianism enables a trade union with a majority in the workplace to prevail over minority unions and their members as well as non-unionised employees and to limit some of the minority’s rights, including the right to strike. This article revisits the basic tenets of majoritarianism and calls for a more nuanced distinction between legislative provisions giving special privileges to majority unions and those provisions that enable majority unions to prevail over minority unions. Ultimately, the focus of the article is on the interface between majoritarianism and retrenchment. While it argues that there is legitimate scope for a collective agreement concluded after retrenchment consultations to be extended to the members of minority unions, the article expresses reservations whether a collective agreement regarding the identity of consulting parties in the case of retrenchment can similarly be extended. Nonetheless, the article concedes that the model of majoritarianism informing the Labour Relations Act (LRA) possibly lacks the subtlety to accommodate this distinction.

Torts Liability for Strike Action and Third Party Rights

1979 ◽  
Vol 14 (1) ◽  
pp. 31-73 ◽  
Author(s):  
Frances Raday
Keyword(s):  
Trade Union ◽  
Public Services ◽  
Third Party ◽  
Legal Rights ◽  
Collective Agreement ◽  
Breach Of Contract ◽  
Economic Rights ◽  
Employment Contract ◽  
The Public ◽  
Judicial Doctrine

Israel's Civil Wrongs Ordinance, and the statutory immunity provided in it from liability in torts for strike action, was enacted at a time when the strike was regardedsimpliciteras a “sacred tradition” and when no distinction had yet been drawn by statute or the courts between legitimate and illegitimate strikes. Since that time there has been an evolution of restrictions on the liberty to strike both in statutory provisions and in judicial doctrine.In the public services, by statutory provision, all strikes which are not authorised by the statutorily designated trade union and nearly all strikes during the duration of a collective agreement are now considered to be “unprotected strikes”. Unprotected strikes are divested of the statutory immunities generally bestowed upon strikers or strike organisers for breach of their employment contract or for causing breach of contract; however, under the statutory provisions only the primary employer may sue. By judicial doctrine, formulated in the National Labour Court, strikes which are held for the purpose of enforcing legal rights rather than for the fixing of economic rights are not a legitimate exercise of the liberty to strike.

Sign in / Sign up

Export Citation Format

Share Document