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.

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the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment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.

16. Wrongful Dismissal

2020 ◽  
pp. 390-401
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.

scholarly journals Dopuszczalność ujawniania związkom zawodowym informacji o wysokości wynagrodzenia pracownika w powszechnym modelu zatrudnienia (artykuł polemiczny)

2021 ◽  
Vol 28 (2) ◽  
pp. 103-117
Author(s):  
Jan Piątkowski ◽  
Beata Rutkowska
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Systemic Control ◽  
The Supreme Court ◽  
Equal Work ◽  
The Common ◽  
The Law ◽  
Compliance With The Law ◽  
The Right ◽  
Prevailing View

Admissibility of disclosing to trade unions information on the amount of an employee’s remuneration in the common employment model (polemical article) In doctrine and jurisprudence, the prevailing view is that employers are not obliged to disclose to trade unions, at their request and within the framework of trade union monitoring of compliance with the law, information on employee wages. According to the 1993 resolution of the panel of seven judges of the Supreme Court, an employer may disclose such information, but only with the employee’s consent. Otherwise, the personal right of the person performing the work may be infringed. Such an opinion is not convincing. It stands in clear opposition to the law in force. It also leads to depriving the trade union organisation of the right to carry out systemic control of the employer’s compliance with the principle of equal remuneration for equal work or work of equal value (Art. 18(3c) of the Labour Code).

29. Industrial action

2019 ◽  
pp. 512-530
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Labour Relations ◽  
Industrial Action ◽  
The Law ◽  
Practical Implications

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

27. Freedom of association

2019 ◽  
pp. 481-496
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Equal Protection ◽  
Freedom Of Association ◽  
The Law ◽  
Taking Action ◽  
The Relationship

This chapter provides an introduction to collective employment law. Collective employment law concerns the regulation of the relationship between trade unions and employees in their capacity as trade union members. In order to be able to enforce these rights it is often necessary for a union to be listed by the Certification Officer, recognised by an employer or for its members to be acting ‘officially’ in the name of the union. Freedom of association is protected by laws which deter employers from dismissing employees or taking action short of dismissal against them for a trade union reason. The law gives equal protection to people who suffer the same detriments because they are not union members or because they have left a union.

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 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.

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.

Works Councils in Russia: Problems and Prospects

10.12737/5509 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 131-138
Author(s):  
Кристина Пламеннова ◽  
Kristina Plamennova
Keyword(s):  
Trade Union ◽  
Labor Law ◽  
Social Solidarity ◽  
Population Increase ◽  
Special Importance ◽  
Works Councils ◽  
Labor Legislation ◽  
Low Efficiency ◽  
Right To Information ◽  
The Right

Provisions of the labor legislation were updated by the right of the employer for creation of works councils. The research of structures of non-trade union workers’ representation has special importance for Russian labour law scholarship. This is mostly so because of low efficiency of trade union representation in Russia that is still structurally influenced by centrally-planned economy’ traditions. System of works councils is a fairly complicated institution of labor law, as their activities are closely linked not only to the organization of labor, but also to the economy as well as the sociological aspects of human resource management. The multidimensional inwardness of works councils attached to this institution of labor law special significance, as consequence of their functioning must become strengthening of social dialogue at the level of the organizations and the separated structural divisions, while setting a consensus not only between the parties opposing interests in relation to a particular issue, but also creating a foundation for continuing cooperation in a spirit of cooperation. Creation of works councils is seeking to reinforce social solidarity, more equitable distribution of income between different social classes and sections of the population, increase employees’ interest in the affairs of the company. As part of the dynamic development of social and labor relations non-trade union workers’ representation becomes a key element in the development processes of industrial democracy, having a basis of workers’ participation in administrative decisions in the enterprise, directly affecting their interests, which allows the use of flexible forms of management of the organization, by providing workers the right to information and consultation.

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

Sign in / Sign up

Export Citation Format

Share Document