Procedural entitlements of the person providing the work with pay on other base than the employment

2019 ◽  
Vol 2 (XIX) ◽  
pp. 267-276
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Unions ◽  
Point Of View ◽  
Employment Relationship ◽  
Paid Work ◽  
Constitutional Principle

After the amendment of the Trade Unions Act, the procedural situation of persons providing paid work on a different basis than the employment relationship should be analyzed. From the point of view of the constitutional principle of equality, the procedural position of an employee and a person providing providing paid work on a basis other than the employment relationship can not be differentiated. Therefore, for these entities shall use the same procedural provisions. De lege ferenda the legislator should make a clear reference to the provisions of the Labor Code.

ON COLLECTIVE LABOR AGREEMENTS CONCLUDED FOR PERSONS PROVIDING WORK ON A BASIS DIFFERENT THAN THE EMPLOYMENT RELATIONSHIP

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 565-573
Author(s):  
Krzysztof W. Baran
Keyword(s):  
Trade Unions ◽  
Employment Relationship ◽  
Paid Work ◽  
Collective Agreements ◽  
Legal Problems

Based on Article 21 sec. 3 Act on Trade Unions, collective labor agreements may be concluded for persons performing paid work on a basis other than an employment relationship. This paper presents the legal problems associated with concluding collective agreements for non-employees. They relate in particular to the application of the Labor Code on collective agreements for employees.

Paradigmi mutevoli. Lavoratori cattolici e immigrazione meridionale a Torino (1955-1969)

2012 ◽  
pp. 145-162
Author(s):  
Michela Di Giacomo
Keyword(s):  
Trade Unions ◽  
Southern Italy ◽  
Point Of View ◽  
Integration Of Immigrants ◽  
Urban Analysis

This paper aims at chronicle the relations between catholic workers movement and immigration from Southern Italy. The point of view is Turin during the ‘60s. It underlines the interest showed by Cisl and Acli concerning that phenomenon. It underscore evolution in Cisl's interpretative paradigms and Acli's increasing criticism towards consumerism. It shows the relations between action for integration of immigrants, will of attract them and interest in studying factory and urban changes. The thesis of this essay is that different ideological traditions could come closer resting upon the approach of trade unions to inner migration and socio-urban analysis and that the job actions of the '70s will be based on this refreshed unity.

Front commun syndical et nouveau pacte social

Res Publica ◽  
1970 ◽  
Vol 19 (2) ◽  
pp. 247-268
Author(s):  
Léon-Eli Troclet
Keyword(s):  
Present State ◽  
Trade Union ◽  
Trade Unions ◽  
Point Of View ◽  
Capitalist System ◽  
Economic Problems ◽  
Social Pact ◽  
The Government ◽  
State Of Affairs ◽  
Common Trade

I . Confronted with the acuteness of the socio-economic problems the two major labour organizations (i.e. : the socialist and the christiandemocratic trade union confederation) have in 1976 strengthened their «Common Trade Unions' Front» (with about two million members on a total of 2,300,000 wage- and salary earners in Belgium) in view of their negotiations with employers and with the government, to which the trade unions have submitted a common platform.The common front, that has its antecedents on the local, regional and professional level has never been and never will be of a permanent nature, some sort of organic unit. Each confederation maintains its own identity and the front is meant to be re-animated according to the circumstances.II. From the employers' side (and to some extent completely independent from the trade unions' common front) representatives of employers' organizations have «as a personal point of view» and, no doubt, as a preliminary approach, launched the idea that a new and very comprehensive «social pact» should be negotiated.  The socialist trade unions clearly tend to reject this idea, since it maywell lead to a further integration in the capitalist system, whereas the christiandemocratic union seems to be rather in favour of such a pact.In the present state of affairs (end of June, 1977) the probability that it be realized is rather low indeed.

Scandinavian Design: On Participation and Skill

1993 ◽  
Author(s):  
Pelle Ehn
Keyword(s):  
Product Quality ◽  
Trade Unions ◽  
Participatory Design ◽  
Systems Design ◽  
The United States ◽  
User Participation ◽  
Point Of View ◽  
Controversial Issue ◽  
Design Strategies ◽  
And Control

In Scandinavia we have for two decades been concerned with participation and skill in the design and use of computer-based systems. Collaboration between researchers and trade unions on this theme, starting with the pioneering work of Kristen Nygaard and the Norwegian Metal Workers’ Union, and including leading projects like DEMOS and UTOPIA, has been based on a strong commitment to the idea of industrial democracy. This kind of politically significant, interdisciplinary, and action-oriented research on resources and control in the processes of design and use has contributed to what is often viewed abroad as a distinctively Scandinavian approach to systems design. This Scandinavian approach might be called a work-oriented design approach. Democratic participation and skill enhancement, and not only productivity and product quality, are themselves considered objective of design. [Based on the two research projects, DEMOS and UTOPIA, I have elaborated this approach in detail in Work-Oriented Design of Computer Artifacts (1989). This paper is based on that work.] Two important features of participatory design shape its trajectory as a design strategy. The political one is obvious. Participatory design raises questions of democracy, power, and control in the workplace. In this sense it is a deeply controversial issue, especially from a management point of view. The other major feature is technical—its promise that the participation of skilled users in the design process can contribute importantly to successful design and high-quality products. Some experiences, perhaps most developed in Scandinavia, support this prediction and contribute to the growing interest in participatory design in the United States and other countries; by contrast, “expert” design strategies have too often turned out to be failures in terms of the usability of the resulting systems. These two features together suggest that there should be a strong link between the skill and product quality aspect of user participation and the democracy and control aspect, or else participatory design will be a deeply controversial issue from the point of view of the employees and trade unions. The trade-union-oriented democracy aspect of skill and participation in design is discussed in the first part of the chapter.

13. Collective bargaining

2017 ◽  
Author(s):  
Roseanne Russell
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Bargaining Power ◽  
Employment Relationship ◽  
Relationship Status ◽  
Key Issues ◽  
And Function ◽  
Additional Reading

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about collective bargaining. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of collective bargaining including inequalities of bargaining power in the employment relationship, status and function of trade unions, time off for trade union members, and rights to information. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

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.

Tarifeinheit per Gesetz – 10 Thesen zu den Plänen der Bundesregierung zur Wiedereinführung der Tarifeinheit

2015 ◽  
Vol 64 (1) ◽  
Author(s):  
Martin Henssler
Keyword(s):  
Trade Unions ◽  
Legal Regulation ◽  
Point Of View ◽  
German Government ◽  
Federal Constitution ◽  
Essential Services ◽  
Political Problem ◽  
Legal Security ◽  
Distribution Of Power ◽  
The Right

AbstractOne basically has to welcome the plans of the German Government to legally clarify the questions arising from a collision of collective labour agreements caused by a revised jurisdiction. Companies need clear guidelines on how to handle the demands of several trade unions. Reciprocally, the trade unions, too, need legal security shown, for example, by the high compensation claims against the Air Traffic Controllers’ Union (GDF) jeopardising its existence. The legislator should no longer allow the collective labour system in the field of essential services to suffer from a growing discontent of the affected citizens being the main sufferers from the strikes.However, the current suggestion of the German Government by far exceeds the extent allowed by the Constitution. Procedural regulations combined with strictly limited constraints of the right to strike on the sector of essential services would be preferable.The political problem consists in the fact that - owing to the current distribution of power - a legal regulation might only be possible on the basis of a most fragile compromise between the German Federation of Trade Unions (DGB) and the Confederation of German Employers (BDA). Thus, Germany only has the choice of preserving this law quickly submitted to a constitutional examination or of not having a unity of collective bargaining agreements at all. Considering this background, should one not simply try to ask the Federal Constitution Court to reliably outline the frame of a legal regulation consistent with the Constitution? Contrary to the perspective of a scientist, this question can certainly be answered with “yes” from a point of view of the federations and politicians.

scholarly journals The future of the standard employment relationship: Labour law, new institutional economics and old power resource theory

2017 ◽  
Vol 59 (3) ◽  
pp. 374-392 ◽  
Author(s):  
Judy Fudge
Keyword(s):  
Trade Unions ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
Employment Relationship ◽  
Resource Theory ◽  
Labour Law ◽  
Manufacturing Firm ◽  
Power Resource ◽  
Power Resource Theory ◽  
Standard Employment Relationship

This article addresses two questions about the standard employment relationship that have become prominent in labour law literature: Does it exacerbate inequality? Is its decline inevitable? The focus is on the second question and emphasizes the extent to which the standard employment relationship was both embedded in, and the outcome of, an institutional ensemble that was fashioned out of the post-war capital–labour compromise in industrialized democracies. The analysis proceeds in three steps. The first is conceptual and stresses the distinctive nature of labour as a fictive commodity, and the recurring regulatory dilemmas that arise in any attempt to institutionalize a labour market. The second step historicizes and contextualizes the employment relationship, emphasizing politics and conflict (power resource theory) over rational choice and coordination (new institutional economics) as the basis for its institutionalization. The emphasis on politics, power and labour leads to the third step, which focuses on how the broad process of financialization influences three key institutions – the large manufacturing firm, the democratic welfare state and autonomous trade unions – that have been crucial for the development of the standard employment relationship.

scholarly journals Problems of implementation of constitutional rights and freedoms of man and citizen in the context of COVID-19

2021 ◽  
Vol 2021 (1) ◽  
pp. 42-53
Author(s):  
Pavel Astafichev
Keyword(s):  
Cultural Values ◽  
Separation Of Powers ◽  
Legal Regulation ◽  
Point Of View ◽  
Constitutional Rights ◽  
Personal Privacy ◽  
Education Access ◽  
Constitutional Principle ◽  
Constitutional Right ◽  
The Right

The article is devoted to the study of a range of problems concerning the implementation of constitutional human rights and freedoms in the context of the threat of the spread of a new coronavirus infection. The author states that from the point of view of the implementation of the institution of constitutional rights and freedoms of man and citizen, the legal regulation pattern was likely to be the strengthening of guarantee of the constitutional right to the protection of life and health, in part, to the detriment of other constitutional rights and freedoms, first of all – the right to freedom of movement, personal privacy, work, freedom of individual enterprise, right to education, access to arts, culture and cultural values and use of cultural establishments. In case of COVID-19, preference was forced upon de facto federalism, which implies a reasonable decentralization of the subjects of jurisdiction and powers, vertical sharing of powers to guarantee the constitutional principle of separation of powers. The article proves that the executive power has the right to plan and organize sanitary and anti-epidemiological, preventive and even restrictive measures, but it cannot limit the constitutional rights and freedoms of citizens bypassing the will of the representation of the people in a democratic society. In extremis, when circumstances require an immediate solution, it is possible only for a very short time, used by a representative body to fully discuss and make a proper decision.

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