scholarly journals Strike is a Fundamental Right for Workers

Author(s):  
Faruk Andaç

Strike is a temporary action for a mass refusal of employees to work in order to ensure that their demands are met. It is called “Strike” in English (which means to break, to burn, to attack) because the first strike events occurred in England as which involved breaking the machines using brake blocks. Workers used to show their reactions towards their employer as by breaking the machines. The same phenomenon existed also in France. Workers in France used to leave their working places all together and go to the Greve area next to River Seine and seek solution to their problems in the cafes. This is how the concept of going on strike, Aller à la Grève (in French), was adopted by Turkish. Strike is a right for workers. It is to leave a workplace unanimously. It is not considered a reason for annulment of employment contract. It is legal and aims to ameliorate the working conditions. Workers should possess the same conditions as their employer in order to determine working conditions by their own free will. Although the employer seems to possess a stronger position as he/she owns the workplace, the workers may possess the same rights as their employers by becoming members of a trade union. When the workers and the employer are unable to reach an agreement on the working conditions, all the workers leave their workplace and go on strike. They partially or completely hamper the activities of the employer. During the strike the workers do not receive their salaries.

2020 ◽  
Vol 89 (2) ◽  
pp. 69-76
Author(s):  
A. Ya. Radzividlo

The article is focused on studying peculiarities of employment contracts with seasonal and temporary employees in Ukraine. The employment contract as the basis of the origin of labor relations with seasonal and temporary employees has been researched. The norms of the decrees of the Presidium of the Supreme Rada of the USSR “On working conditions of temporary employees and officials” dated from September 24, 1974 No. 311-09 and “On working conditions of employees and officials engaged in seasonal work” dated from September 24, 1974 No. 310-09 have been analyzed . It has been noted that peculiarities of legal regulation of employment contracts with temporary and seasonal employees relate primarily to their conclusion and termination, as well as content. It has been proved that some provisions of regulatory acts that regulate the employment of temporary and seasonal employees are outdated; others require some revision. It has been offered to develop modern regulatory acts on the application of temporary and seasonal work. These acts must first of all establish the concept: “seasonal employees – individuals hired under an employment contract for work that as a result of natural and climatic conditions performed not through a year, but during a certain period (season), not exceeding six months”; “temporary employees – individuals hired under an employment contract for a period up to two months, and for the replacement of temporarily absent employees, who retain their place of work (position) – up to four months”. It has been substantiated that the List of Seasonal Works and Seasonal Industries needs to be updated, based on the realities of the present day.


Work ◽  
2012 ◽  
Vol 41 (2) ◽  
pp. 165-175 ◽  
Author(s):  
Corinne Gaudart ◽  
Johann Petit ◽  
Bernard Dugué ◽  
François Daniellou ◽  
Philippe Davezies ◽  
...  

1982 ◽  
Vol 12 (1) ◽  
pp. 31-41 ◽  
Author(s):  
Bertil Gardell

This paper discusses research strategies and summarizes pertinent knowledge that has influenced Scandinavian legislation and trade union policies in the field of stress at the workplace. Work stress is shown to be problematic in two ways. First, there may be a direct relation between certain objective working conditions, physiological and psychological stress, and ill health. Second, certain stress conditions may create fatigue and/or passivity and thus make it more difficult for individuals to actively involve themselves in changing those working conditions—including physical and chemical risk factors—that may be detrimental to health. This latter aspect is especially relevant for prevention on the systems level, where one has to rely on collective means for changes in technology and the organization of work.


2018 ◽  
Vol 2 (1) ◽  
pp. 63-68
Author(s):  
Roman V. Kirsanov

The subject. The article deals with topical issues of ensuring the realization of the employee's right to healthy and safe working conditions.The purpose of the study is to identify the main directions of improvement of the Labor Code of the Russian Federation in the field of labor protection.The methodology includes formal-legal method, the analysis of the components of the right to healthy and safe working conditions, as well as the right to information and related rights.The main results. The author formulates proposals for amending a number of articles of the Labor Code, including those containing the most important branch principles, as well as those on termination of the employment contract and ensuring the right of an employee to a workplace that meets the requirements of labor protection.Examples from judicial practice show a low level of legal awareness of Russian employers and their disdainful attitude to labor legislation. This is expressed not only in violation of labor protection rules, but also in the absence of proper registration of an employee, when a written labor contract is not concluded with him. Thus, the relationship between the norms of different labor law institutions is expressed, expressed in their protective potential. The existing approach to understanding labor protection in a broad sense to a certain extent may be in demand even now. For example, by improving the norms on the conclu-sion, modification and termination of an employment contract, it is possible to achieve in parallel a certain improvement in working conditions for workers. This is due to the fact that legal registration of employment in most cases is associated with a higher level of security, since an employee without clearance does not actually exist for the state control and supervisory bodies.Conclusions. Understanding of labor protection as all-round protection of labor capacity of the person, being so widespread in Soviet time, looks quite justified nowadays too. The Labor Code of the Russian Federation, as the central regulatory legal act, should be considered as an instrument not only of legal regulation, but also of a powerful ideological impact on domestic employers, and changes and additions to labor legislation concerning labor protection should be made according to above-mentioned conclusion.


1978 ◽  
Vol 20 (1) ◽  
pp. 22-40 ◽  
Author(s):  
P.R. Hay

The current state of the debate about political strikes in Australia is examined, looking particularly at three questions which merit urgent academic attention. In each instance it is suggested that the valid position may be some what different from that which many government and press spokesmen currently assume to be self-evident. It is also argued that the designation "political strike" is best reserved for reference to industrial action which has as its subject matter, an issue of broader significance than the narrow "traditional" sphere of trade union concerns ( wages and working conditions). The phrase has frequently been used in the past in connection with the hidden political motives of the strikers. Secondly, it is advanced that the economic consequences of political strikes may be far less than is commonly supposed, though any conclusive data on this question is difficult to obtain. Finally, the question of the legitimacy of political industrial action in a liberal democracy is considered. Three approaches to legitimacy in liberal democracy are noted—that of Rawlsian distributive justice, that of legitimacy residing in the will of the majority, and that of pluralism. It is suggested that in each instance a case for the legitimacy of political strikes can be made.


2017 ◽  
Vol 17 (6) ◽  
pp. 849-864 ◽  
Author(s):  
Jussi Turtiainen ◽  
Ari Väänänen ◽  
Pekka Varje

This article studies social workers’ occupational discussions on the complexities of their work in a Finnish social workers’ trade union journal in 1958–1999. The journal illustrates the flip side of social work; the quest for professionalization, the struggle for fair pay, and social workers’ perceptions of their occupational status and job dissatisfaction. We traced the significant turning points in their difficulties and challenges at work and identified the junctures at which the major occupational difficulties came to the surface, transformed and received an established position in the professional mindset. The four junctures identified are: the making of the profession (1958–1968), the politicization of social work and working conditions (1974–1981), a heightened awareness of work pressures (1982–1990), and the social work crisis (1991–1999). Our analysis leads to the conclusion that job complexities at work were related to the transformations in welfare policy and ideology. The historical periodization of the occupational complexities indicates that social workers collectively reasserted the profession of social work and its institutional boundaries into a broader rubric of the demands brought about by changing society and the development of the Nordic welfare state.


2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved. 


2018 ◽  
Vol 14 (2) ◽  
pp. 364-383 ◽  
Author(s):  
Adriana Amado ◽  
Silvio Waisbord

The professional practices of Argentine journalists reveal the multiplicity of factors that impact journalistic culture. The results of the national study for the global project Worlds of Journalism offers evidence that the type of media organization in which journalists work does not generate different working conditions or respond to alternative professional models. The results reinforce the approach that the professional culture is the result of the interaction between personal values and the guidelines of organizations and companies. In this sense, the study of the professional culture of journalism needs to be approached from a multidimensional perspective that includes the study of legal frameworks, trade union protection, organizational guidelines and accepted ethical parameters.As práticas profissionais dos jornalistas argentinos mostram a diversidade de fatores que impactam na cultura jornalística. Os dados nacionais da pesquisa como parte do projeto global Worlds of Journalism apresentam evidências de que meios distintos não oferecem condições de trabalho diferentes nem modelos profissionais alternativos para os seus jornalistas. Os resultados revelam ainda que a cultura profissional depende da interação entre valores pessoais e das pautas de organizações e empresas. Nesse sentido, o artigo se propõe a abordar o estudo de cultura jornalística com base em uma perspectiva multidimensional que analise os marcos legais, a proteção sindical, as pautas organizacionais e os códigos de ética profissional.Las prácticas profesionales de los periodistas argentinos dan cuenta de la multiplicidad de factores que impactan en la cultura periodística. El resultado del estudio nacional para el proyecto global Worlds of Journalism ofrece evidencias de que el tipo de medios en los que se desempeñan no genera condiciones de trabajo diferentes ni responde a modelos profesionales alternativos. Los resultados refuerzan el enfoque de que la cultura profesional es resultado de la interacción entre valores personales y las pautas de las organizaciones y empresas. En ese sentido, se plantea la necesidad de abordar el estudio de la cultura profesional del periodismo desde una perspectiva multidimensional que incluya el estudio de los marcos legales, la protección gremial, las pautas organizacionales y los parámetros éticos aceptados.


2020 ◽  
pp. 476-481
Author(s):  
В.М. Зеленський

The article focuses on defining those categories of employees who cannot be dismissed on a previously submitted resignation letter at their own free will, if such an employee did not leave the work. It has been established that, generally, these are all employees, except cases where an employee has already been invited to a place to be dismissed and the conclusion of an employment contract must not be denied. It is proposed to provide enhanced protection for certain categories of people, even when the specified employee has already been invited. These categories include as follows: pregnant women, women with children under three-year age, single mothers with a child under fourteen years old or a child with a disability.


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