POLOŽAJ REPREZENTATIVNIH SINDIKATA I SINDIKALNIH PREDSTAVNIKA U REPUBLICI SRBIJI

2021 ◽  
pp. 175-189
Author(s):  
Aleksandar Antić ◽  
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Collective Rights ◽  
Collective Agreements ◽  
The Republic ◽  
Open Issues

Author in the paper analyze the position of representative trade unions and trade union representatives in the Republic of Serbia. The largest percentage of employees in the Republic of Serbia exercises their collective rights through trade unions. There is a difference between representative unions and those that are not. In addition to the provisions of the Labor Law, the position of trade union representatives in the Republic of Serbia is additionally regulated by collective agreements. They enjoy an increased level of protection, because they come into conflict with the employer when performing the union function. In the paper, the author points out certain open issues related to the regulation of the position of trade unions and trade union representatives and makes proposals for their solution.

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.

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.

Institutional effects on the presence of trade unions at the workplace: Moderation in a multilevel setting

2011 ◽  
Vol 17 (2) ◽  
pp. 153-169 ◽  
Author(s):  
Zoltán Fazekas
Keyword(s):  
Multilevel Analysis ◽  
Present Article ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
European Countries ◽  
Individual Level ◽  
Institutional Effects ◽  
Collective Agreements ◽  
Very High

Previous research has found that the presence of a union at a workplace is an important individual-level determinant of union membership. The present article, drawing on a multilevel analysis of 21 European countries, provides further evidence which nuances the conclusions of previous studies by introducing and testing institutional moderation effects. Thus, in countries with Ghent systems, having a union at workplace is less important, since probability of membership is already very high. Conversely, if there are extension mechanisms for collective agreements there is less incentive to join a trade union, and this is not compensated even when there is an active union at the workplace.

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.

scholarly journals Revendo mais de 70 anos em menos de 7 meses: a tramitação da reforma trabalhista do governo Temer

2017 ◽  
Vol 18 (2) ◽  
pp. 545-568
Author(s):  
Roberto Di Benedetto
Keyword(s):  
Labor Market ◽  
Economic Crisis ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Public Debate ◽  
Reform Process ◽  
Labor Reform ◽  
Union Structure

Resumo: A reforma trabalhista do Governo Temer, aprovada no primeiro semestre de 2017, no meio de uma grave crise política e econômica, modificou profundamente o direito do trabalho, o Poder Judiciário e a estrutura sindical. A rápida tramitação da reforma, sua extensão e a ausência de um debate público dificultaram a análise dos seus impactos. Neste estudo de caso teve-se por objetivo analisar a tramitação da reforma trabalhista no Congresso e os principais argumentos utilizados pelos deputados e senadores que discutiram a proposta. Com isso, espera-se contribuir com a discussão das normas aprovadas e com a análise de suas consequências no mercado de trabalho, no Poder Judiciário e na estrutura sindical.Palavras-chave: Reforma trabalhista. Justiça do trabalho. Estrutura sindical. Abstract: The Temer government’s labor reform, approved in the first half of 2017, in the middle of a serious political and economic crisis, changed labor law, the Judiciary, and the trade union structure. The fast reform process, its extension, and the absence of public debate made difficult to analyze its impacts. This leading case aimed to examine the process of labor reform in Congress and the main arguments used by the deputies and senators who discussed the proposal. With this, it is hoped to contribute to the discussion of the approved norms and the analysis of their consequences in the labor market, in the Judiciary and in the union structure.Keywords: Labor reform. Labor courts. Trade unions.

A Reforma Trabalhista de 2017 e a deformação das prerrogativas sindicais

2019 ◽  
Vol 4 (2) ◽  
pp. 191-224
Author(s):  
Raimunda Regina Ferreira Barros ◽  
Paulo Sérgio Weyl Albuquerque Costa
Keyword(s):  
Present Article ◽  
Rule Of Law ◽  
Legal System ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Point Of View ◽  
Labor Reform ◽  
Democratic Rule ◽  
The Impact

RESUMO:O presente artigo objetiva refletir a reforma trabalhista sob o ângulo da organização sindical, compreendendo-a como um dos pilares do sistema celetista fragilizado pela Lei nº 13.467/17. O legislador enfraqueceu essas organizações mediante a subtração de direitos e as descredenciando como interlocutoras qualificadas. A centralidade deste escrito reside no impacto da reforma sobre as prerrogativas sindicais, entendendo-se que os sindicatos como agentes autônomos e livres são indispensáveis para a plenitude do Estado Democrático de Direito. Realiza-se, de início, uma breve síntese do movimento pela flexibilização do Direito do Trabalho no Brasil; a seguir, situa-se a discussão na proteção das prerrogativas sindicais no plano normativo externo e interno; e, por fim, analisam-se as alterações da reforma tendentes a mitigar as prerrogativas dos sindicatos profissionais.ABSTRACT:The present article aims to reflect the labor reform from the point of view of union organization, understanding it as one of the pillars of the labor legal system that was weakened by Law 13467/17. The legislator weakened these organizations by subtracting rights and disqualifying them as competent interlocutors. The centrality of this paper lies in the impact of the reform on trade union prerogatives, considering that unions, as autonomous and free agents, are an indispensable factor for the fullness of the Democratic Rule of Law. A brief summary of the movement for the relaxation of labor law in Brazil is held at the outset; the following is the discussion on the protection of trade union prerogatives at the external and internal normative level; and, finally, the amendments to the reform to mitigate the prerogatives of trade unions.

Weakening trade union power

2017 ◽  
Vol 23 (4) ◽  
pp. 425-439 ◽  
Author(s):  
Eli Moen
Keyword(s):  
Economic Growth ◽  
Trade Union ◽  
Trade Unions ◽  
Labour Markets ◽  
Union Power ◽  
Collective Agreements ◽  
The Past ◽  
Atypical Employment ◽  
Reducing Costs

For the past two decades – and in particular after the 2008 crisis – atypical employment has expanded across Europe. The crisis led to increased demand for more flexible labour markets, and thus atypical employment became an important tool for employment, competitiveness and economic growth. However, recent research reveals that employers are using atypical employment not just to compensate for unstable markets, but also as an opportunity to cut costs by bypassing collective agreements and to discipline workers, works councils and unions. The case study presented in this article corroborates these findings, arguing that employers – in addition to reducing costs – are making use of atypical employment to weaken organised labour as a goal in its own right. Whether such behaviour forms part of a larger drive to resist unions needs to be further researched. In any event, atypical employment represents an increasing challenge to trade unions across Europe.

scholarly journals Revendo mais de 70 anos em menos de 7 meses: a tramitação da reforma trabalhista do governo Temer

2017 ◽  
Vol 18 (2) ◽  
pp. 545-568
Author(s):  
Roberto Di Benedetto
Keyword(s):  
Labor Market ◽  
Economic Crisis ◽  
Trade Union ◽  
Trade Unions ◽  
Labor Law ◽  
Public Debate ◽  
Reform Process ◽  
Labor Reform ◽  
Union Structure

Resumo: A reforma trabalhista do Governo Temer, aprovada no primeiro semestre de 2017, no meio de uma grave crise política e econômica, modificou profundamente o direito do trabalho, o Poder Judiciário e a estrutura sindical. A rápida tramitação da reforma, sua extensão e a ausência de um debate público dificultaram a análise dos seus impactos. Neste estudo de caso teve-se por objetivo analisar a tramitação da reforma trabalhista no Congresso e os principais argumentos utilizados pelos deputados e senadores que discutiram a proposta. Com isso, espera-se contribuir com a discussão das normas aprovadas e com a análise de suas consequências no mercado de trabalho, no Poder Judiciário e na estrutura sindical.Palavras-chave: Reforma trabalhista. Justiça do trabalho. Estrutura sindical. Abstract: The Temer government’s labor reform, approved in the first half of 2017, in the middle of a serious political and economic crisis, changed labor law, the Judiciary, and the trade union structure. The fast reform process, its extension, and the absence of public debate made difficult to analyze its impacts. This leading case aimed to examine the process of labor reform in Congress and the main arguments used by the deputies and senators who discussed the proposal. With this, it is hoped to contribute to the discussion of the approved norms and the analysis of their consequences in the labor market, in the Judiciary and in the union structure.Keywords: Labor reform. Labor courts. Trade unions.

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