The influence of a transfer of undertaking on collective agreements and employee representation

2021 ◽  
pp. 359-375
Author(s):  
Łukasz Pisarczyk
Keyword(s):  
Employee Representation ◽  
Collective Agreements

scholarly journals The German Model of Industrial Relations: (Where) Does It Still Exist?

2019 ◽  
Vol 239 (1) ◽  
pp. 5-37 ◽  
Author(s):  
Michael Oberfichtner ◽  
Claus Schnabel
Keyword(s):  
Service Sector ◽  
Industrial Relations ◽  
Work Place ◽  
Works Councils ◽  
The Public ◽  
Employee Representation ◽  
Collective Agreements ◽  
German Model ◽  
Iab Establishment Panel ◽  
Using Data

Abstract Using data from the representative IAB Establishment Panel, this paper charts changes in the two main pillars of the German IR model over the last 20 years. It shows that collective bargaining coverage and worker representation via works councils have substantially fallen outside the public sector. Less formalized and weaker institutions such as voluntary orientation of uncovered firms towards sectoral agreements and alternative forms of employee representation at the work-place have partly attenuated the overall erosion in coverage. Multivariate analyses indicate that the traditional German IR model (with both collective agreements and works councils) is more likely found in larger and older plants, and it is less likely in plants managed by the owner, in single and foreign-owned plants, in individually-owned firms or partnerships, and in exporting plants. In contrast, more than 60 % of German plants did not exhibit bargaining coverage or orientation or any kind of worker representation in 2015. Such an absence of the main institutional features of the German IR model is mainly found in small and medium-sized plants, in particular in the service sector and in eastern Germany, and its extent is increasing dramatically.

Board-level employee representation in the Visegrád countries

2019 ◽  
Vol 25 (3) ◽  
pp. 261-273 ◽  
Author(s):  
Andrzej Zybała
Keyword(s):  
Economic Policy ◽  
National Level ◽  
The Political ◽  
Political Class ◽  
Employee Representation ◽  
Policy Paradigm ◽  
Labour Participation ◽  
Board Level ◽  
Practical Agenda ◽  
Visegrád Countries

This article addresses the complexity of trade-union approaches to board-level employee representation in the Visegrád countries, and the barriers it faces in particular national settings. Trade unionists in these countries accept the relevance of such employee representation in theory, but their practical agenda covers other issues which they perceive as more important as they struggle to survive at many levels of activity, and face growing existential uncertainty and risk. Unions also lack capacity to overcome obstacles such as reluctance on the part of the political class and managerial hostility to board-level representation; they cannot exert influence on major policy decisions at national level. They are operating in a more and more difficult environment, reflecting not merely a declining membership base, but also the recent economic crisis that failed to change the economic policy paradigm in the Visegrád countries: policies there still rely on a neoliberal approach and hence are not conducive to labour participation. What can still be seen as the predominant model is the traditional one of the market economy in which rights of ownership reign supreme.

Schwäche der Tarifautonomie und Legitimitätsfragen im Arbeitsrecht und im Sozialrecht

2016 ◽  
Vol 62 (2) ◽  
pp. 209-236
Author(s):  
Stephan Seiwerth
Keyword(s):  
Social Security ◽  
Minimum Wage ◽  
Trade Unions ◽  
System Change ◽  
State Regulation ◽  
The State ◽  
Social Security Administration ◽  
Collective Agreements ◽  
The Social ◽  
Social Partners

AbstractSocial partners have played a privileged role in German social security administration since Bismarckian times. In 2014, a new legislation empowered the social partners to set the level of the statutory minimum wage and to demand the extension of collective agreements. This article examines the interdependence of the trade unions’ and employer organisations’ membership numbers and their involvement in state regulation of labour and social security law. In case the interest in autonomous regulations is not going to increase, the state will have to step in with more heteronomous regulation. This would incrementally lead to a system change.

Comparing collective bargaining agreements for developing countries

2015 ◽  
Vol 36 (1) ◽  
pp. 86-102 ◽  
Author(s):  
Janna Besamusca ◽  
Kea Tijdens
Keyword(s):  
Developing Countries ◽  
Collective Bargaining ◽  
Working Hours ◽  
Collective Bargaining Agreement ◽  
Web Based ◽  
Content Type ◽  
Paid Leave ◽  
Collective Agreements ◽  
Country Comparison ◽  
Work Family

Purpose – The purpose of this paper is to fill several knowledge gaps regarding the contents of collective agreements, using a new online database. The authors analyse 249 collective agreements from 11 countries – Benin, Brazil, Ghana, Indonesia, Kenya, Madagascar, Peru, Senegal, Tanzania, Togo, Uganda. The authors research to what extent wage and other remuneration-related clauses, working hours, paid leave arrangements and work-family arrangements are included in collective agreements and whether bargaining topics cluster within agreements. Design/methodology/approach – The authors use the web-based WageIndicator Collective Bargaining Agreement Database with uniformly coded agreements, that are both collected and made accessible online. The authors present a quantitative multi-country comparison of the inclusion and contents of the clauses in the agreements. Findings – The authors find that 98 per cent of the collective agreements include clauses on wages, but that only few agreements specify wage levels. Up to 71 per cent have clauses on social security, 89 per cent on working hours and 84 per cent of work-family arrangements. The authors also find that collective agreements including one of these four clauses, are also more likely to include the other three and conclude that no trade off exists between their inclusion on the bargaining agenda. Research limitations/implications – Being one of the first multi-country analyses of collective agreements, the analysis is primarily explorative, aiming to establish a factual baseline with regard to the contents of collective agreements. Originality/value – This study is unique because of its focus on the content of collective bargaining agreements. The authors are the first to be able to show empirically which clauses are included in existing collective agreements in developing countries.

scholarly journals Sexual Orientation Provisions in Canadian Collective Agreements

2004 ◽  
Vol 58 (4) ◽  
pp. 644-666 ◽  
Author(s):  
Travor Brown
Keyword(s):  
Sexual Orientation ◽  
Public Sector ◽  
Small Sample Size ◽  
Small Sample ◽  
Future Research ◽  
Empirical Testing ◽  
Collective Agreements ◽  
The Past ◽  
Workplace Needs ◽  
Public Sector Bargaining

Abstract The past decade has been marked by increased awareness concerning employment discrimination against gays and lesbians. Yet, to the author’s knowledge, there has been limited research regarding the response of Canadian labour organizations to the workplace needs of gay and lesbian members. Limitations of these previous studies include small sample size, lack of theoretical framework, and the absence of empirical testing of hypotheses. The present study builds on these works through the use of Craig’s model, the inclusion of multi-disciplinary research, and the empirical testing of data collected from more than 240 Canadian collective agreements. Key findings include that larger, public sector bargaining units with equality clauses in their collective agreements were most likely also to contain clauses that prohibited discrimination based on sexual orientation. The paper concludes with suggestions for future research.

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