The Law Relating to Strikes and Lock-Outs by Herman Cohen, M.A., Of the Inner Temple, Barrister-at-Law, Joint Author of “Trade Union Law and Cases,” Author of “Recent Trade Union Cases.” Issued by the Authority of the London Trades Council

2021 ◽  
pp. 53-69
Author(s):  
W. Hamish Fraser
Keyword(s):  
Trade Union ◽  
The Law

Legal Expertise: A Critical Resource for Trade Unionists? Insights into the Confédération Française Démocratique du Travail

2020 ◽  
Author(s):  
Cécile Guillaume
Keyword(s):  
Qualitative Research ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Institutional Power ◽  
Collective Redress ◽  
Critical Resource ◽  
The Law ◽  
Legal Expertise

Abstract Based on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.

scholarly journals WORKERS’ REPRESENTATIVES

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Ada Hurbean
Keyword(s):  
Trade Union ◽  
Legal Protection ◽  
Union Representation ◽  
Union Representative ◽  
The Law

This study deals with the institution representatives of the employees, the onlypossibility, regulated by the law, to defense and promotion the interests of employees, in theabsence of a trade union representative at the level of the unit. Therefore, we are in thepresence of alternative to trade union representation, whereas, in principle, coexistencebetween the two is out of the question.Topics studied has known substantive changes with the entry into force of the Law No40/2011, both in respect of the conditions of eligibility of representatives of the employees, aswell as in respect of measures of legal protection for them. Therefore, we want to do acomparative overview of the old and new provisions equal in the matter.

Online Resources Chapter D: Industrial Action and Statutory Immunities

2020 ◽  
pp. 846-846
Author(s):  
David Cabrelli
Keyword(s):  
Human Rights ◽  
Trade Union ◽  
European Convention ◽  
Online Resources ◽  
European Law ◽  
Trade Disputes ◽  
Industrial Action ◽  
The Law ◽  
The Uk

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....

20. Collective Redundancies

2020 ◽  
pp. 810-840
Author(s):  
David Cabrelli
Keyword(s):  
Trade Union ◽  
Large Scale ◽  
Labour Relations ◽  
The Law

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

Online Resources Chapter D: Industrial action and statutory immunities

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Human Rights ◽  
Trade Union ◽  
European Convention ◽  
Online Resources ◽  
European Law ◽  
Trade Disputes ◽  
Industrial Action ◽  
The Law ◽  
The Uk

This chapter examines the law of trade disputes and industrial action in the UK, i.e. the law which regulates action taken by members of a trade union which imposes restrictions upon employers when collective relations between the employer and the workforce have broken down. The position is analysed in the context of the legality of industrial action in European law and under the European Convention on Human Rights....

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