scholarly journals Organizacja związkowa jako administrator – wybrane zagadnienia

2020 ◽  
Vol 27 (4) ◽  
pp. 259-270
Author(s):  
Arleta Nerka
Keyword(s):  
Data Processing ◽  
Trade Union ◽  
Trade Unions ◽  
Personal Data ◽  
Legal Protection ◽  
Employment Relations ◽  
Specific Nature ◽  
The Subject ◽  
Data Controller ◽  
Trade Union Organization

Trade union as a data controller: Selected issues The study covers the issues of identifying trade union structures as data controllers at the level of collective employment relations. Considering the specific nature of the subject matter of trade unions’ activity, the issue of processing personal data accompanies them in the performance of their tasks, often causing interpretation problems. The article also focuses on the characteristics of a trade union organization as a data controller. The analysis also covers the grounds for data processing, with particular emphasis on the legality of data processing subject to special legal protection.

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.

scholarly journals The Issue of Representativeness in the Lights of the Amended Trade Unions Act

2021 ◽  
Vol 95 ◽  
pp. 39-50
Author(s):  
Iwona Sierocka
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Specific Work ◽  
Collective Rights ◽  
The Social ◽  
The Subject ◽  
The Given ◽  
National Trade ◽  
Work Contract ◽  
Joint Representation

The subject of the deliberations are issues regarding the representativeness and size of workplace trade union organisations after the changes introduced in the Trade Unions Act in 2018. According to the obligatory provisions, the “representativeness” of a trade union organisation is traditionally conditional on its size, but not only the employees, but also other categories of the employed are taken into account. It is, inter alia, about persons providing work under a contract of mandate or a specific work contract and sole proprietors. By expanding the full rights of coalition onto persons performing work on the basis other than employment relationship, the legislator increased the percentage limits decisive in the matter of representativeness. At present, the representative trade union organisation above the workplace level is also an organisation uniting at least 15% of all people performing gainful work under the articles of association, not fewer, however, than 10,000 persons performing gainful work. It works similarly at the workplace level. With reference to workplace trade union organisations which belong to organisations above the workplace level which meet the criteria for representativeness as specified in the Social Dialogue Council Act, at least 8% of the staff of the given employer is required. In the case of workplace trade union organisations which do not participate in such structures, the representativeness is conditional on uniting of at least 15% of persons performing gainful work for the given employer (7% and 10%, respectively, were required earlier). Determining the number of the staff, the employees and persons providing gainful work under other bases being employed for at least 6 months before the commencement of negotiations or arrangements must be included. A significant novelty is the necessity to select a joint representation of the representative organisations at the workplace level that belong to the same Trade Union Federation or National Trade Union Confederation in matters regarding collective rights and interests of the persons performing gainful work.

scholarly journals Borders, Labour Impacts, and Union Responses: Case of Spain

Refuge ◽  
1969 ◽  
Vol 26 (2) ◽  
pp. 29-40
Author(s):  
Luke Stobart
Keyword(s):  
Trade Union ◽  
Migrant Workers ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Protection ◽  
Border Control ◽  
Migrant Labour ◽  
Institutional Frameworks ◽  
Spanish Research ◽  
Employment Sectors

Spain is an acute example of severe yet permissive border control where institutional frameworks ensure that migrant labour inexpensively fills existing labour shortages and highly exploitative “niches,” while aiding a broader flexibilization strategy. Through a review of mainly Spanish research by trade union, industrial relations, and immigration specialists on three major migrant employment sectors, the article shows that impacts on employment and wage levels have been limited, despite claims to the contrary, although they have been deeper in those employment sectors with reduced legal protection and union organization. It concludes that while the Spanish case gives support to the No Borders position, it also exposes the need for greater engagement with migrant workers by the trade unions and rejects the major Spanish union federations’ recent advocacy of “controlled immigration.”

scholarly journals Delegation-Based Personal Data Processing Request Notarization Framework for GDPR Based on Private Blockchain

2021 ◽  
Vol 11 (22) ◽  
pp. 10574
Author(s):  
Sung-Soo Jung ◽  
Sang-Joon Lee ◽  
Ieck-Chae Euom
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Data Privacy ◽  
Personal Data ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Compliance Audit ◽  
General Data ◽  
Data Controller ◽  
Data Subject

With the growing awareness regarding the importance of personal data protection, many countries have established laws and regulations to ensure data privacy and are supervising managements to comply with them. Although various studies have suggested compliance methods of the general data protection regulation (GDPR) for personal data, no method exists that can ensure the reliability and integrity of the personal data processing request records of a data subject to enable its utilization as a GDPR compliance audit proof for an auditor. In this paper, we propose a delegation-based personal data processing request notarization framework for GDPR using a private blockchain. The proposed notarization framework allows the data subject to delegate requests to process of personal data; the framework makes the requests to the data controller, which performs the processing. The generated data processing request and processing result data are stored in the blockchain ledger and notarized via a trusted institution of the blockchain network. The Hypderledger Fabric implementation of the framework demonstrates the fulfillment of system requirements and feasibility of implementing a GDPR compliance audit for the processing of personal data. The analysis results with comparisons among the related works indicate that the proposed framework provides better reliability and feasibility for the GDPR audit of personal data processing request than extant methods.

scholarly journals Az üzemi tanács mint önálló adatkezelő

2019 ◽  
Vol 16 (1-2) ◽  
Author(s):  
Katalin Bagdi
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Trade Unions ◽  
Independent Data ◽  
Process Data ◽  
Works Councils ◽  
General Data Protection Regulation ◽  
Legal Personality ◽  
Works Council ◽  
Data Controller

n most cases, the employer is the only one identified as a data controller in connection with employment relationships, even though other actors of employment such as the trade unions and the works councils also process data in relation to their activities carried out based on and in compliance with the Labour Code. Even so, while the data processing of the trade union does not raise any particular questions compared to other data controllers, issues do arise in connection with the works council. Works councils undeniably process the employees’ personal data in order to carry out their activities and fulfil their tasks, though without own assets and organisation separate from the employer’s, data processing of the works council could be attributed to the employer and considered as if it was the employer’s data processing, which would settle most of the possibly arising questions such as liability for infringing data protection rules. However, after the General Data Protection Regulation (GDPR) of the EU came into force in 2018, the definition of the data controller changed and includes now so-called “other bodies” as well, even if these bodies lack legal personality. Thus, the works council itself shall be considered as data controller which means that it must execute the obligations set in data protection rules. Despite the fact that based on the GDPR rules the works council shall be considered as data controller independent from other data controllers including the employer, this fact seems to be unknown for all relevant bodies, even for the data protection authority. Possibly because the works council is still thought to be a part of the employer’s organization and thus it is not obvious that the transfer of data between the employer and the works council is limited and conditional as they are two independent data controller, obliged to guard the employee’s relevant data even from one another. Hence, it is important to emphasize that the works council itself is an independent data controller in order to ensure a high level of protection for the employees. The aim of this paper therefore is to prove that the works council is clearly an independent data controller by analysing the relevant Hungarian and EU rules

scholarly journals THE DATA SUBJECT’S RIGHTS AND LIABILITY FOR VIOLATIONS

2018 ◽  
Vol 2 (83) ◽  
pp. 114
Author(s):  
Sergey Svetlov
Keyword(s):  
Information Technology ◽  
Data Processing ◽  
Personal Data ◽  
Clear Definition ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
Administrative Responsibility

With the development of information technology, data processing tools for individuals are increasingly used in various areas of life. Their accessibility and simplicity in circulation lead to more and more mass application of technologies in the lives of individuals, organizations, and society. Personal data of individuals are subject to turnover, inevitably there is a need to protect the carriers of this data from using the information received against their rights and interests. Despite the urgency of the problem, the concept of the subject of protection does not have a clear definition, as a result, the participants in legal relations will seek to interpret it depending on their needs. The law determines the administrative responsibility for the violation of the processing of data of individuals, but does not provide for special mechanisms for compensation for the damage caused. Consequently, there is an urgent need to specify the norms related to the protection of these individuals. 

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>

9. Collective labour law

2019 ◽  
pp. 649-719
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.

Re-framing the debate on breakaway trade unions in an era of neoliberalism

2018 ◽  
pp. 153-170
Author(s):  
David Evans
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
The Political ◽  
Trade Unionism ◽  
Political Narrative ◽  
The Subject ◽  
Contingent Approach ◽  
Union History ◽  
Labour Organisation

Breakaway unions have been a feature of labour organisation since the dawn of trade unionism. Despite this long history, the historiography of the subject remains undeveloped. The process of breaking away from an established union and setting up a rival organisation can be triggered by a range of impulses and inducements, fostered by both progressive and reactionary forces. On one level they can be considered a product of intra-union conflict, but a fuller understanding comes from viewing breakaways in the context of the broader economic and political circumstances in which they are embedded. The systematic remapping of the political and industrial relations landscape during the neoliberal epoch has brought into question the pluralist assumptions that have traditionally underpinned the notion of breakaway unions. Building from a historically-contingent approach, this chapter contends that the ideological onslaught unions have faced since the 1980s has encouraged division among union members and the breakaways that have emerged have generally given voice to a more moderate approach, sometimes couched in a ‘non-political’ narrative. In shining a light on the reasons behind these ideologically-motivated breakaways, this chapter contributes to the knowledge of this important but neglected area of trade union history.

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.

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