THE RIGHT TO ASSOCIATE IN TRADE UNIONS

2013 ◽  
pp. 296-297
Keyword(s):  
Trade Unions ◽  
The Right

scholarly journals La participación de los trabajadores en materia de prevención de riesgos laborales

2009 ◽  
pp. 121
Author(s):  
María Purificación García Miguélez
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Complex Structure ◽  
The Public ◽  
Prevention Activities ◽  
The Right ◽  
Private Domain

El derecho de participación reconocido a los trabajadores para la organización y planificación de las actividades de prevención en las empresas entraña una estructura compleja en diferentes ámbitos. En primer lugar, respecto al dominio privado e interno, integrado por una participación directa e individualizada de los trabajadores en entidades de plantillas reducidas, o un procedimiento indirecto, colectivo o representativo, en el caso de empresas con un número suficiente de trabajadores para elegir representantes (tanto a través de una representación general -unitaria o sindical- como de una especializada -delegados de prevención y comité de seguridad y salud-). Son analizados tanto el aspecto "orgánico" (esto es, los órganos representativos precisos para un correcto ejercicio) como el "funcional" (es decir,las facultades y competencias a desempeñar), así como las diferencias para ejercer los derechos de información y de consulta, todo ello a fin determinar el órgano de representación más idóneo en cada caso. En segundo lugar, y en relación con el marco de actuación público, el derecho puede ser denominado de participación representativa e institucional, pues es llevada a cabo en diferentes órganos administrativos y fundaciones sectoriales, siendo los sindicatos más representativos responsables de su correcto ejercicio.<br /><br />The right that is recognized to workers in order to participate in the organization and planning of prevention activities in enterprises entails a complex structure related to different scopes. Firstly, related to the internal and private domain, consisting in a direct and individualized participation of workers in those entities of small size in staff, or an indirect, collective or representative procedure, in case of enterprises with a number of workers enough to elect representatives (either a general delegation -unit and trade union- or a specialized one -prevention risks delegates and committee on security and health-). The "organic" aspect (i.e. representative organs required to a proper practice) and the "functional" one (i.e. faculties and competences to be performed) are both under analysis. Differences to exercise the rights on information and consultation are also considered, all in order to determine the most suitable representative organ in each case. Secondly, related to the public framework, the right could be so-called representative and institucional participation, as it is performed in different administrative organs and sectorial foundations, the most representative trade unions as responsible for a proper exercise.

scholarly journals The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

Fundamental freedoms

2021 ◽  
pp. 191-262
Author(s):  
William A. Schabas
Keyword(s):  
Family Life ◽  
Trade Unions ◽  
Freedom Of Expression ◽  
Minority Rights ◽  
Political Rights ◽  
Political Democracy ◽  
Freedom Of Association ◽  
Fundamental Freedoms ◽  
Family Mobility ◽  
The Right

Fundamental freedoms is an allusion to Roosevelt’s ‘four freedoms’, although they now tend to be associated with those that fall under civil and political rights: freedom of expression, freedom of religion, freedom of peaceful assembly, and freedom of association. They have a degree of relativity, being subject to restrictions or limitations dictated by certain criteria including public morals and the rights of others. They have important links to political democracy, the rights of labour and trade unions, and minority rights. Other rights that may be labelled ‘fundamental freedoms’ are the right to private and family life, the right to marry and to found a family, mobility rights, nationality and the right to property.

Turkish Industrial Relations at the Crossroads: Revisiting the History of Industrial Relations in the Early Post World War Two Period

2018 ◽  
Vol 93 ◽  
pp. 151-175 ◽  
Author(s):  
Didem Özkiziltan ◽  
Aziz Çelik
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
The State ◽  
Collective Actions ◽  
World War ◽  
Historical Evidence ◽  
Critical Juncture ◽  
History Of ◽  
Critical Account ◽  
The Right

AbstractThe 1961 constitutional reform in Turkey recognized the right to strike and granted other rights and freedoms related to the collective actions of labor. Conventional wisdom holds that Turkish trade unions became independent of the state power with class-based interests only after this reform. Across mainstream literature, this is considered, in historical institutionalist terms, as the first critical juncture in Turkey's industrial relations. This paper provides a critical account of the institutional continuity, development, and change that took place in Turkey's industrial relations starting from its establishment as a republic in 1923 until the end of the 1950s, by considering the socioeconomic and legal-political environment during these years. Considering the historical evidence employed, and under historical institutionalism, it is argued that the first critical juncture in the country's industrial relations occurred in 1947, when the ruling cliques permitted the establishment of trade unions. In this paper, it is purported that the consensus reached by the trade unions on the necessity of the right to strike from the mid-1950s onwards initiated a peaceful class struggle between Turkish labor and the state, which gradually steered the industrial relations toward the second critical juncture following the promulgation of the 1961 constitution.

Suriname’s Constitutional Limits

2020 ◽  
pp. 241-271
Author(s):  
Ruben Gowricharn
Keyword(s):  
World War Ii ◽  
Trade Unions ◽  
Legal Institutions ◽  
World War ◽  
Constitutional Development ◽  
Colonial Era ◽  
The Republic ◽  
International Power ◽  
The Right ◽  
Political Turmoil

This chapter outlines the major forces that have shaped the constitutional development of the Republic of Suriname. These forces include the transplant of population and legal institutions during the colonial era; the post-World War II shift of the international power balance in favour of decolonizing colonies as manifested in the right to self-determination; and domestic forces, including trade unions and media, that protected the constitution from being suspended or undermined in periods of political turmoil. Based on the experience of Suriname, it is argued that constitutional development in small postcolonial societies is highly constrained due to the transplant of European legal institutions and corresponding expertise.

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.

Writing (for) Workers: Alternative Workers’ Magazines in Francoist Spain and in State Socialist Poland in the 1960s and 1970s

2020 ◽  
Vol 17 (3) ◽  
pp. 53-72
Author(s):  
Anna Delius
Keyword(s):  
Trade Unions ◽  
Authoritarian Regimes ◽  
Labor Rights ◽  
Trade Unionism ◽  
Working Lives ◽  
Labor Activists ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Right ◽  
State Socialist

This article explores how repression and everyday conflicts at the workplace were connected with labor rights and trade unionism in two authoritarian regimes. It focuses on worker and labor activists’ media in Francoist Spain and in state socialist Poland during the years 1965–68 and 1977–79, respectively. Spanish and Polish workers both lacked the right to join and form independent trade unions, the right to free assembly and association, and the right to strike. At the same time, they faced comparable problems in their everyday working lives, including low salaries, excessive overtime, incompetent management, and deficits in safety and hygiene standards. In this context, (illegal) magazines for workers emerged. They provided new arenas for exchanging experiences, advertised strike actions all across the country, called for united action, and explained national legislation and global labor norms. Based on an analysis of Spanish and Polish workers’ publications, this contribution investigates how labor activists in these states addressed day-to-day problems and the constant violations of internationally binding labor norms.

French labour reform may be watered down further

2016 ◽  
Keyword(s):  
Public Opinion ◽  
Labour Market ◽  
Trade Unions ◽  
Right Wing ◽  
Content Type ◽  
Current State ◽  
Significant Step ◽  
Promotional Campaign ◽  
The Government ◽  
The Right

Significance The draft law was presented by Labour Minister Myriam El Khomry in late February and aims at introducing more flexibility in France's rigid labour market. The government has led a promotional campaign in favour of the reform, against a backdrop of opposition from trade unions, students and public opinion. Valls has watered down the most controversial proposals but even in its current state the proposed reform would be a significant step forward. Impacts The government will need to assemble a diverse majority spanning the centre-left to the centre-right in order to pass the draft law by July. Reformist trade unions support the revised version of the law but more militant unions maintain their opposition. The right wing and the main employer association oppose the revised draft which they consider not favourable enough to companies.

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