THE STATUTE OF TRADE UNIONS AS A LIMIT OF ABUSES AGAINST EMPLOYERS – SELECTED ISSUES

2021 ◽  
Vol 2 (XXI) ◽  
pp. 231-240
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Economic Freedom ◽  
The Self ◽  
Dominant Position ◽  
Social Partners ◽  
Union Activists ◽  
Economic Reality ◽  
Modern Economic ◽  
Scope Of Protection

The article attempts to answer the question whether the economic freedom of the employer is not blindly limited by the model of trade unions, which do not conform to the modern economic reality, which, in the light of the principle of self-governance, often abuse their dominant position in the labor market. The author points to selected problems in the self-government of trade unions at the level of non-employment, pointing to the importance of the trade union statute, which determines the scope of protection of trade union activists in the sphere of individual labor law. The author puts forward the thesis that the basis for the balance of social partners is the observance of internal regulations by trade unions.

scholarly journals Antykonkurencyjne innowacje – oksymoron czy realne wyzwanie prawa antymonopolowego?

2019 ◽  
pp. 9-41
Author(s):  
Rajmund Molski
Keyword(s):  
Economic Policy ◽  
The Self ◽  
Antitrust Law ◽  
Antitrust Enforcement ◽  
Dominant Position ◽  
Enforcement Policy ◽  
Regulatory Ability ◽  
Modern Economic

One of the overriding principles of modern economic policy is promotion of innovation. It also turns out, however, that innovations may work against competition, thus becoming a major challenge for antitrust law. The importance and the degree of diffi culty surrounding this challenge as well as some controversies related to it can be evidenced by the antitrust enforcement policy referring to innovations. This policy has thus far been highly enigmatic and labile. It seems that no consensus can be reached on the relation between competition and innovations as much as it cannot be achieved on the validity of including the latter in the antitrust enforcement regime, particularly when it comes to applying the prohibition of the abuse of a dominant position. While it is true that innovations compound the risk of antitrust errors, especially those consisting in de-legalisation of innovations which are not anticompetitive, it would nevertheless be wrong to underestimate, and even more so to ignore, the risk of errors amounting to an unjustifi ed tolerance of anticompetitive innovations and an overstated belief in the self-regulatory ability of the market. In any case, considering the priority objective of the economic policy which should be to support and promote innovations, as well as taking into account that the goal of antitrust law is not only to settle real confl icts arising between innovations and the protection of competition, but also to provide for an innovation-friendly environment, the antitrust intervention into innovations should be sensible, farsighted and predictable. Otherwise, antitrust law may become a burden for the actual and potential innovators – like the mythical sword above the head of Damocles.

Why do unions find fighting workplace racism difficult?

2007 ◽  
Vol 13 (3) ◽  
pp. 377-395 ◽  
Author(s):  
Steve Jefferys
Keyword(s):  
Social Cohesion ◽  
Trade Union ◽  
Trade Unions ◽  
Job Insecurity ◽  
Union Activists ◽  
International Migrants

Trade unions are committed to anti-racism. However, with the growth of job insecurity in the increasingly inegalitarian but global economies that are sucking in new generations of international migrants, racism and xenophobia have re-emerged as major threats to European social cohesion. This article examines the problems unions have in fighting racism within the workplace. It documents different ways in which these problems present themselves, and suggests that they offer trade unions two structural-ideological challenges: the need to defend broader, societal trade union objectives, alongside bread and butter ones; and the need to strengthen the legitimacy of trade union activists acting within ‘representative democratic’ rather than ‘delegate democratic’ traditions.

Trade unions in a changing political context

2018 ◽  
Vol 24 (2) ◽  
pp. 137-149 ◽  
Author(s):  
Lars Magnusson
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Parliamentary Election ◽  
Social Democratic ◽  
Swedish Model ◽  
Social Partners ◽  
Democratic Parties ◽  
The Moment ◽  
Almost All ◽  
Social Democratic Parties

A common feature in almost all Western countries over the last 40 years has been the steady decline in trade union membership and subsequently a decline in the power and influence of unions. Moreover, in many countries trade union strength has relied upon longlasting relationships with social democratic parties or, in a minority of cases, communist parties. The trend over the last decades has been a weakening of traditional ‘working-class’ coalitions. The aim of this article is to discuss to what extent such features also exist in Sweden, a country long regarded as a stronghold of powerful social partners, the so-called Swedish Model. We will show that Sweden is also affected by the wider European trends but that there are important countervailing forces. At the moment, much hinges on the parliamentary election in 2018.

THE EMPLOYMENT PROTECTION OF MEMBERS OF THE BOARD OF A WORKPLACE TRADE UNION AND THOSE ABOVE AFTER THE AMENDMENTS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 399-411
Author(s):  
Iwona Sierocka
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Protection ◽  
Employment Protection ◽  
Board Members ◽  
Union Activists ◽  
Legal Position

The aim of the contemplation is the issue of trade union activists’ employment protection. Discussing article 32 of the Trade Unions Act, the author focuses on changes introduced in the Act from 5th July 2018. In the article, the author points out the meaning of an employed person, the date by which the trade union must adapt its approach towards matters such as a notice of termination, dissolution of employment or one party changes to provision of employment of trade union’s activists. In the study, the author discusses the legal position of the board members of a trade union at the workplace level an above mentioned in the Act of 2003 about so-called group redundancies. The author indicates the differences between the legal protection of an employed person and a union activist that is employed on other category of employment.

THE CURRENT STATE AND EVOLUTION OF THE DEVELOPMENT OF TRADE UNION ORGANIZATIONS AT THE REGIONAL LEVEL

2020 ◽  
Vol 2 (8) ◽  
pp. 94-100
Author(s):  
I. I. DAVLETOV ◽  
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Modern Society ◽  
Regional Level ◽  
Labor Rights ◽  
Social Partnership ◽  
Current State ◽  
Modern Economic ◽  
Rights And Interests ◽  
Level Of Motivation

In modern economic conditions, trade union organizations are necessary to protect the rights and interests of workers, improve the quality of life, and ensure social guarantees. The trade union unites: employees of the enterprise, students of secondary and higher vocational education institutions, temporarily unemployed able-bodied citizens, pensioners. Trade union organizations carry out a great deal of work to protect the social and labor rights and interests of workers, to increase the level of motivation of trade union membership. All this makes it possible to attract youth to the ranks of the trade union organization. In modern society, an important function of trade unions is to develop social partnership at the regional level, conduct inspections and identify violations of labor laws in relation to employees.

scholarly journals The Legal Nature of Remuneration for Periods of Release From the Obligation to Perform Work for Trade Union Activists

2021 ◽  
Vol 95 ◽  
pp. 101-113
Author(s):  
Małgorzata Mędrala
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Work Related ◽  
Legal Nature ◽  
Public Nature ◽  
Union Activists ◽  
Principle Of Proportionality ◽  
Legal Character ◽  
Subjective Rights

In this article the Author analizes the issue of legal character of trade union activists released from work, covered by employers. The Author underlines the latest extension of subjective rights in this matter by Polish legislator to other than an employee persons who perform gainful work. In her opinion the remuneration for work, paid by employers at abovementioned basis may be qualified as work-related benefits of a social (even public) nature. In her opinion the current regulations in this matter are questionable in the light of the principle of the independence of trade unions and the principle of proportionality.

Defetishizing Free Time: From Akrasia to Profanation

2019 ◽  
Vol 29 (1) ◽  
pp. 159-188
Keyword(s):  
Leisure Time ◽  
Free Time ◽  
Economic Organization ◽  
Acting Out ◽  
Basic Income ◽  
Giorgio Agamben ◽  
Dominant Position ◽  
The Gift ◽  
Modern Economic ◽  
Economic Thinking

Images of free time are used today to give the impression that alienation from work is being alleviated. As a result, exploitation of the workers who are constantly occupied with “self-realization” becomes even more effective. Free time becomes a fetish — a means of productively engaging people’s energy through various scenarios in which they are (supposedly) enjoying their leisure time pursuits. Is it even possible to undo the fetishization of free time? And if so, how else might we conceptualize it? In seeking an answer to these questions the author continues the discussion of akrasia launched by Michail Maiatsky in his article “Liberation from Work, Unconditional Income and Foolish Will” (Logos, 2015, 25[3]) in which Maiatsky expressed a well-founded fear that a contemporary “post-Nietzschean” person might respond to the “gift of unconditional freedom” with an irrational desire to test the boundaries of that boon and end up as Dostoyevsky said “living by his own foolish will.” A hypothesis to address that fear argues that the intentions behind such an “akratic rebellion” are inherently rooted in the fetishistic logic that dominates both current perceptions of free time and also the debate about providing a basic income. The akratic reaction is a form of phantasmatic acting out of the painful suspicion that efforts to reach liberation could turn into another form of bondage. The roots of this bind can be found in the historically embedded form of economic organization, which is based on a sense of dire emergency. We owe this understanding of the “economic dispositive” to the work of Giorgio Agamben, but it is already discernible in Xenophon. We can find an indication of its dominant position in modern economic thinking in Nikolay Sieber’s (1844–1888) criticism of the postulates of the “subjective school” of economics. Because the economy acquires a sacred aspect within this dispositive, akrasia may be compared with a sacrilegious trespass of its boundaries. However, Agamben proposes that challenging any form of the solemn ceremonies of capitalism’s priesthood in a way that is not merely imaginary must necessarily be a kind of profanation.

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.

Trade Unions and the Welfare of Rural-Urban Migrant Workers in China

ILR Review ◽  
2021 ◽  
pp. 001979392110044
Author(s):  
Alison Booth ◽  
Richard Freeman ◽  
Xin Meng ◽  
Jilu Zhang
Keyword(s):  
Mental Health ◽  
Trade Union ◽  
Migrant Workers ◽  
Trade Unions ◽  
Fixed Effects ◽  
Mental Health Problems ◽  
Panel Survey ◽  
Monthly Income ◽  
Work Related ◽  
Urban Migrant

Using a panel survey, the authors investigate how the welfare of rural-urban migrant workers in China is affected by trade union presence at the workplace. Controlling for individual fixed effects, they find the following. Relative to workers from workplaces without union presence or with inactive unions, both union-covered non-members and union members in workplaces with active unions earn higher monthly income, are more likely to have a written contract, be covered by social insurances, receive fringe benefits, express work-related grievances through official channels, feel more satisfied with their lives, and are less likely to have mental health problems.

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.

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