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.

Purging the Trade Unions

2020 ◽  
pp. 343-373
Author(s):  
Ewing Mahoney
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Industrial Relations ◽  
Legal Regulation ◽  
Service Trade ◽  
Public Sector Employment ◽  
Legal Foundations ◽  
Legal Position

This chapter looks at government attempts to ban trade unions, considering the steps that were taken in lieu of an outright ban on trade union membership. Consistently with other measures taken at the time under the cover of security, government intervention to deal with the alleged menace of Communist infiltration of the civil service trade unions did not take the form of legislation. The legal position reflected both the lack of legal regulation of industrial relations generally and the lack of legal regulation of public-sector employment in particular. In practice, governments rarely needed to reveal or justify the legal foundations for their actions. The benefit for government is that although security policies might well be announced and made public, there would be little accountability thereafter if operated unobtrusively.

Disputes Arising from. Non-Disclosure of Financial Information to Trade Unions

1988 ◽  
Vol 30 (1) ◽  
pp. 83-99
Author(s):  
Russell Craig ◽  
Geoffrey George
Keyword(s):  
United Kingdom ◽  
Trade Union ◽  
Trade Unions ◽  
Information Disclosure ◽  
Financial Information ◽  
Employment Protection ◽  
Policy Options ◽  
Second Tier

Australian trade union use of financial information in second-tier bargaining may lead to information-disclosure disputes with employers. United Kingdom experience with the Employment Protection Act, 1975 is reviewed to identify the type of financial information likely to be the focus of such disputes. Prospects for resolution and policy options for mitigating the effects of similar financial information disclosure disputes in Australia are discussed.

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.”

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.

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 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.

The financial crisis and changing labour markets in post-transition countries

2017 ◽  
Vol 23 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Maria Lissowska
Keyword(s):  
Financial Crisis ◽  
Trade Unions ◽  
Structural Changes ◽  
Full Employment ◽  
Legal Protection ◽  
Transition Countries ◽  
Employment Protection ◽  
Labour Markets ◽  
Short Term ◽  
Poverty Levels

Labour markets in post-transition countries have undergone radical changes, with a shift away from full employment and strong legal protection for employees, though the extent of these changes has differed between countries. I show that the loosening of employment protection went in parallel with growing income inequality and widening poverty levels, which led to a rise in household debt. This enabled additional consumption in the short term, but later deepened recession by hampering consumption. Following the financial crisis, the tendencies to make labour markets more flexible were confirmed and strengthened. This was facilitated by the weakness of trade unions, conditioned by structural changes brought about by transition.

Trade union recognition legislation – Britain and America compared

Legal Studies ◽  
1981 ◽  
Vol 1 (2) ◽  
pp. 190-212
Author(s):  
Richard Townshend-Smith
Keyword(s):  
United States ◽  
Great Britain ◽  
Trade Union ◽  
United States Of America ◽  
Trade Unions ◽  
Industrial Relations ◽  
The United States ◽  
Employment Protection ◽  
Labour Law ◽  
Statutory Body

It is well known that the United States of America has had a mechanism designed to secure the compulsory recognition of trade unions by law since the mid-thirties. Such procedure is part of the bedrock of American labour law. In Great Britain, however, no attempt at compulsion was made until 1971, when the Industrial Relations Act was passed. This Act was repealed three years later, although the operation of the recognition provisions hardly contributed to the factors leading to repeal. Another attempt at compulsion was made by the 1975 Employment Protection Act. However, the relevant sections have now been repealed by the 1980 Employment Act. Furthermore this repeal had at least some support both from the Labour opposition and from the Advisory, Conciliation and Arbitration Service, the statutory body charged with operating the procedure.

The Amendment of the Wage-Fund Theory and the Legalization of British Trade Unions in 1871

2021 ◽  
Vol 42 (1) ◽  
pp. 1-25
Author(s):  
Michel S. Zouboulakis
Keyword(s):  
Collective Action ◽  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Industrial Relations ◽  
Wage Bargaining ◽  
Royal Commission ◽  
The United Kingdom ◽  
Legal Position

Before the Trade Union Act 1871 the legal position of trade unions in the United Kingdom was at best ambiguous, as in many ways they remained outside the law. At the same time, Political Economy maintained that, given a country’s stock of capital and the population of workers, any rise in wages would undermine profits and accumulation. This provided the rationale for politicians and industrialists to argue that wages were not negotiable and that collective action was illegitimate. In reviewing William Thornton’s defence of workers’ right to claim higher wages, John Stuart Mill accepted that the denial of the positive effect of trade unions on wages ‘is deprived of its scientific foundation’. Using evidence from debates in the Royal Commission on Trade Unions, 1867-69, this article examines the extent to which Mill’s acceptance of the economic argument in favour of trade-union collective action contributed to improving the legal status and role of unions in wage bargaining and to change in industrial relations.

Casual Employment, Labour Regulation and Australian Trade Unions

1996 ◽  
Vol 38 (4) ◽  
pp. 571-599 ◽  
Author(s):  
Iain Campbell
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Protection ◽  
Rapid Expansion ◽  
New Approach ◽  
Employment Benefits ◽  
To Come ◽  
Union Action ◽  
Conditions Of Employment ◽  
Labour Regulation

This article explores the implications for trade unions of the rapid expansion in Australia of casual employment—a distinctive form of non-standard employment characterized by a lack of entitlement to most employment benefits and forms of employment protection. The article summarizes the main features of casual em ployment and the evidertce for its growth since 1982. It highlights the role of award regulation in shaping casual employment. Casual employment is identified as unprotected employment, which survived within the award system and indeed flourished in the gaps created by officially sanctioned exemptions from protection and limits in the enforcement and reach of award regulation. Labour market deregulation in the 1990s has in turn widened these gaps and facilitated both an expansion of casual employment and an extension of some casual conditions of employment into sections of the permanent workforce. These developments offer a major challenge to Australian trade unions. They underline the failure of tradi tional trade union policies, oriented to a simple rejection of all forms of non- standard employment. They pose a threat both to the set of employment rights and benefits slowly built up by trade union action in the course of past decades and to the legitimacy of trade unions as representative institutions. Australian trade unions are still struggling to come to grips with this threat. Traditional policies remain dominant, but recent trade union policy and practical efforts point towards a new approach that builds on a less hostile and more discriminating attitude to non-standard employment. In relation to the crucial issue of labour regulation the new approach pivots on the important theme of decasualization. The direction of change is promising. But the article argues that the new approach remains weak and underdeveloped as a result of its narrow orientation to the redesign of agreements within the shrinking sphere of effective regulation, its focus on casual status rather than casual conditions of employment and its inability to find effective levers for implementation

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