scholarly journals PECULIARITIES OF TERMINATION OF LABOR CONTRACT WITH THE LEADER OF LEGAL ENTITY ON REQUEST OF ELECTIVE BODY OF PRIMARY TRADE UNION ORGANIZATION

Social Law ◽  
2019 ◽  
pp. 63-68
Author(s):  
N. Melnychuk
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Entity ◽  
Employment Contract ◽  
Legal Norms ◽  
Labor Legislation ◽  
Union Representative ◽  
Modern Level ◽  
Or Organization ◽  
Trade Union Organization

The article discusses some aspects of the process of termination of the employment contract with the head of the enterprise, institution or organization at the request of the elected body of primary trade union organization (trade union representative). It is noted that the requirement to terminate the employment contract with the director does not terminate employment contract by itself, but obliges the employer to terminate it. Carried out the analysis of the distinctive features of the consideration of the proposal of the trade union body regarding the termination of the employment contract with the head of the legal entity on the Draft Labor Code. The innovations of the bill are recognized as justified, timely, such that they correspond to the modern level of development of labor relations and called upon to balance the interests of the parties to the employment contract. A number of features that need improvement have been identified, namely: 1) consolidation of the obligation to consider the representation of the trade union for its validity; 2) the need to assess the severity of violations of labor legislation, collective agreements and contracts, the Law of Ukraine "On Trade Unions, their Rights and Guarantees"; 3) Elimination of the obligation of the employer to appeal against the requirement of the primary trade union organization (trade union representative) as a condition for stopping the execution. The author of the article notes that the determination of the nature of the violation by the head of the enterprise, institution, organization of labor legislation will contribute to the effectiveness of sanctioning legal norms, and the abolition of the obligation of the employer to appeal the requirement of the primary trade union organization (trade union representative) to the court will make it possible to prevent abuse of their rights by the trade unions.

scholarly journals Rethinking Strategy for Gender Equality in Trade Unions

2021 ◽  
Vol 26 (1) ◽  
pp. 29
Author(s):  
Indrasari Tjandraningsih
Keyword(s):  
Women Workers ◽  
Gender Equality ◽  
Trade Union ◽  
Trade Unions ◽  
Improvement Program ◽  
Union Leaders ◽  
Strategic Role ◽  
And Gender ◽  
Trade Union Organization

<p class="p1">The non-strategic role and position of women workers in trade union organization, even in the women-dominated sector, is hardly changed even though the number of women members of trade unions is increasing. Various programs have been carried out to increase the strategic role of women in trade union organizations but so far have not shown significant results. Based on interviews with officers of gender equality programs for trade unions, union leaders and women and men members and literature studies this paper offers an idea of the need for a non-exclusive approach and actively and proportionally involving men in awareness-raising and gender equality programs for trade unions. This idea is based on the fact that in trade unions gender-related program is always left to or only involves women. The strategy in the gender equality awareness and improvement program that only involves women causes the program’s effectiveness to be low because half of the causes of the problem is not involved.</p>

Additional grounds for termination of an employment contract with the head of the organization: dismissal under paragraph 2 of Part 1 of Art. 278 of the Labor Code of the Russian Federation

2021 ◽  
pp. 672-679
Author(s):  
E.V. Krasnoyarova
Keyword(s):  
Russian Federation ◽  
Employment Contract ◽  
Legal Norms ◽  
Judicial Practice ◽  
Labor Legislation ◽  
The Russian Federation

The article examines the additional grounds for termination of the employment contract with the head of the organization, gives examples of judicial practice, reveals contradictions in the application of specific legal norms, and also makes proposals for improving labor legislation.

Ireland and the First International

1972 ◽  
Vol 11 (2) ◽  
pp. 44-62 ◽  
Author(s):  
John W. Boyle
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Trade Union Movement ◽  
Union Movement ◽  
Rural And Urban ◽  
Fenian Brotherhood ◽  
Eighteen Fifties ◽  
Political Apathy ◽  
James Stephens ◽  
Trade Union Organization

Ireland in the eighteen-fifties was quiescent through exhaustion. The great famine of the eighteen-forties had resulted in heavy population losses through death and emigration and demoralized tenant farmers had offered but a feeble resistance to wholesale evictions. The failure of the Irish Confederate risings of 1848-49, the collapse of tenant-right agitation and the disintegration of the Independent Irish Party at Westminster, had left the country sunk in political apathy. The trade union movement did not escape the general paralysis and the Regular Trades Association, a central organization that had developed in Dublin during the eighteen-forties, disappeared. Not until 1859 was there renewed trade union activity in the form of a campaign to abolish night-baking; though it had only limited success, it helped to bring about the appearance in 1863 of a new grouping of Dublin trade unions, the United Trades Association. It was, however, not a trade union organization but the Irish Republican Brotherhood that aroused the country from political torpor.The I.R.B., known in North America as the Fenian Brotherhood, was a secret oath-bound society pledged to establish an independent Irish republic. Its first leader was James Stephens, who had founded it in 1858 after his return from an exile following the 1848 rising. Its membership was drawn from the rural and urban working class – the sons of small farmers, mechanics, artisans, laborers and petty shopkeepers. In 1861 Stephens skillfully stage-managed the funeral of Terence Bellew McManus, a Confederate exile whose body was brought back for burial in Ireland, and thus aroused an unprecedented interest in “The Organization,” as its members called it.

scholarly journals EMPLOYMENT TERMINATION ISSUES WITH AN EMPLOYEE WHO IS A MEMBER OF THE TRADE UNION

2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
The State ◽  
State Of Health ◽  
Labour Law ◽  
Employment Contract ◽  
Employment Termination ◽  
Continue Employment ◽  
The Right

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. 

scholarly journals Abuse of rights as an unlawful implementation of labor law

1970 ◽  
pp. 164-168
Author(s):  
Yana Simutina
Keyword(s):  
Trade Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Good Faith ◽  
Labor Rights ◽  
Employment Contracts ◽  
Employment Contract ◽  
Labor Legislation ◽  
Legitimate Interests ◽  
Abuse Of Law

The article studies the problem of abuse of law in the context of the implementation of labor law. In this context, the abuse of labor rights should be understood as a special type of legal behavior consisting in the exercise by subjects of labor relations of their rights in an inappropriate way, that contradicts the purpose and principles of the branch of labor law, as a result of which legitimate interests are ignored and other subject of labor relations can be harmed. The concept of "abuse of rights" is closely linked to the principle of integrity. In exercising their rights and performing their duties, the subjects of the employment relationship must act in good faith. The principle of good faith in labor law should characterize the aspirations of the subjects in a proper and honest manner to exercise the granted labor rights and to fulfill their obligations. Specific forms of abuse of rights by employees are: 1) concealment of temporary disability; late notification of temporary disability at the time of dismissal; 2) concealing information about pregnancy; 3) concealing the fact of disability; 4) deliberate task of material harm to the employer by unfair acts - termination of the employment contract at will, and then appeal of dismissal; 5) deliberate delay in obtaining a work book or settlement upon dismissal and the like. Employers resort to abuse of rights mainly in the following cases: 1) when dismissing an employee; 2) when fulfilling the duties of creating an employee the necessary conditions for performing the work function; 3) in case of repeated renegotiation of fixed-term employment contracts with an employee; 4) when giving an employee guarantees in case of termination of the employment contract stipulated by the labor legislation, etc. It is proved that one of the main directions of further improvement of labor legislation is the need to establish the principle of good faith and the inadmissibility of abuse of law as one of the branch in the science of labor law, which should apply to all subjects of labor and related relations - workers, employers, trade unions, associations of employers.

PROTECTION OF THE RIGHTS AND INTERESTS OF THOSE WHO PERFORM PAID WORK IN THE LIGHT OF THE ACT ON TRADE UNIONS. THE AXIOLOGICAL-PHYLOSOPHICAL-PRAXEOLOGICAL ASPECT

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 471-492
Author(s):  
Janusz Żołyński
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Vertical Dimension ◽  
The Other ◽  
Paid Work ◽  
Legal Norms ◽  
Collective Agreements ◽  
Binding Force ◽  
The Subject ◽  
Normative Content

The feature of the Polish protection of employees is both the vertical and horizontal binding force. The vertical dimension stems from the rights and duties constituted in domestic legal norms being addressed to all of its addressees. These norms, on the other hand, may take on a horizontal dimension since their specification may be the subject of detailed regulations such as normative collective agreements being a basis for seeking redress, concluded by a trade union and an employer. They may thus be the subject of normative content of collective labour agreements, work regulations and separate collective agreements.

Is the ACFTU a Union and Does it Matter?

2007 ◽  
Vol 49 (5) ◽  
pp. 701-715 ◽  
Author(s):  
Bill Taylor ◽  
Qi Li
Keyword(s):  
Communist Party ◽  
Trade Union ◽  
Trade Unions ◽  
Chinese Communist Party ◽  
International Context ◽  
Domestic Labour ◽  
Independent Union ◽  
Constructive Engagement ◽  
Trade Union Organization ◽  
Positive Results

This article seeks to examine whether the All China Federation of Trade Unions (ACFTU) is a trade union organization, with implications for foreign unions, governments and other parties seeking to engage it. After examining the international context of pressure on China, the article will briefly outline the historical and present structure of the ACFTU and examine the problems the ACFTU faces in carrying out its functions. The article will argue through a number of criteria of union characteristics that the ACFTU is not a union. This is a more fundamental position than arguing the ACFTU is not an independent union. However, because the ACFTU is a state organ, closely subordinated to the Chinese Communist Party, foreign engagement can potentially lead to positive results for China's domestic labour. Finally, the article will briefly make suggestions for constructive engagement with the ACFTU as a state organ rather than as a union.

O strukturze związków zawodowych po nowelizacji prawa związkowego z dnia 5 lipca 2018 r.

2019 ◽  
Vol 78 ◽  
pp. 24-39 ◽  
Author(s):  
Michał Barański ◽  
Iwona Gredka-Ligarska
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Paid Work ◽  
New Type ◽  
A Company ◽  
Trade Union Organization

This study is an analysis of the existing regulations regarding the construction of the trade union organization, the mechanism for raising objections regarding the number of members of the trade union organization and the representativeness of trade unions. The latest amendment to the Trade Unions Act, introducing a change in the coalition law in trade unions, modifies the structure of the trade union organization at the same time. Also the criteria for establishing representativeness of a company or supra-company trade union organization have been materially amended. As regards supra-company trade union organizations, the threshold of representativeness has been increased from 10% to 15% per total of not just employees, as previously, but all persons performing paid work and covered by the scope of a given organization’s statute. Also on the company level the percentage thresholds of representativeness have been increased. In addition, the legislator introduced a new type of representativeness, which may be described as employee representativeness.

scholarly journals From Employee to Homo Faber? Considerations About Union Renewal and Informal Workers in Brasil and India

Just Labour ◽  
1969 ◽  
Author(s):  
Lorenzo Frangi ◽  
Supriya Routh
Keyword(s):  
Social Justice ◽  
Emerging Economies ◽  
Trade Union ◽  
Trade Unions ◽  
Employee Relations ◽  
Informal Workers ◽  
Union Renewal ◽  
Homo Faber ◽  
Trade Union Organization ◽  
Union Structure

For the purpose of trade union renewal, it is suggested that trade unionsneed to convert themselves from being institutionscentred on employer-employee relations toopen sourceones engaged with broader social justice issues.In this article, we offer two elements to the debate on trade union revival: first,we focus on two rapidly emerging economies with a corporatist and state-centered union structure (i.e., Brazil and India);second, in the context of thesetwo countries, we challenge the idea that informalworkers are a burden for tradeunion organizations. We consider the possible contributions that informalworkers could make towards the renewal of trade unions in these two countries.We argue that trade unions could take advantage ofthese contributions if theyovercome theemployeehorizon, which originated in Western countries andexcludes millions of workers from its purview in Brazil and India. We proposethe concept of “homo faber” as a new horizon for trade union organization, whichis inclusive of both formal as well as informal workers.

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.

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