THE CONCEPT OF A TRADE UNION ORGANIZATION COVERING THE ENTIRE WORK ESTABLISHMENT

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 575-581
Author(s):  
Zbigniew Hajn
Keyword(s):  
Trade Union ◽  
Case Law ◽  
Legal Analysis ◽  
Union Activity ◽  
Legal Writing ◽  
The Status ◽  
Objective Sense ◽  
Polish Law ◽  
Trade Union Organization

The presented study concerns the concept of a “trade union organization covering the entire work establishment”. In this study an attempt was made to answer the question whether the term means that the trade union organization must actually conduct activity in each unit of the work establishment in the objective sense, or it is sufficient when, in accordance with the statute or other union resolution defining the subjective scope of its activities, the trade union activity covers the workplace as a whole. The research is based on a dogmatic and legal analysis of Polish law as well as on case-law and legal writing. As a result of the considerations, the Author comes to the conclusion that the status of a work establishment trade union organization is determined by specifying the subjective scope of its activity in its statute or other union resolution. Fears that such a solution to the problem enables the dictatorship of a minority in the workplace can be neutralized by making union rights conditional on the representativeness of a trade union organization also where there is only one such organization in the workplace

ON THE CONCEPT OF A WORK ESTABLISHMENT TRADE UNION ORGANISATION AFTER THE AMENDMENT TO THE PROVISIONS OF THE COLLECTIVE LABOUR LAW OF 2018

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 439-444
Author(s):  
Zbigniew Hajn
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Case Law ◽  
Legal Capacity ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Labour Law ◽  
Legal Writing ◽  
Polish Law ◽  
The Impact

The presented study concerns the concept of a work establishment trade union organisation after the changes introduced to collective labour by the Act of 5 July 2018 amending the Act on Trade Unions and certain other acts. Its main purpose is to consider the impact of changing the concept of an employer on the concept of a work establishment trade union organisation. The research is based on a dogmatic and legal analysis of the provisions of Polish law as well as on case-law and legal writing statements. As a result of the considerations, the Author comes to the conclusion that the above-mentioned changes to the legal regulations create complications that are difficult to explain. In the Author’s opinion, the only way out of the legal impasse would be to change the law by assuming that the employer within the meaning of Article 3 of the Labour Code and within the meaning of the provisions of collective labour law is an entity with legal capacity within the meaning of art. 33 and art. 331 of the Civil Code.

scholarly journals Representation, Trade Union Activity And Technologies

2019 ◽  
Vol 9 (1) ◽  
pp. 96-108
Author(s):  
Jaime Cabeza Pereiro
Keyword(s):  
Information And Communication Technologies ◽  
Trade Union ◽  
Communication Technologies ◽  
Case Law ◽  
Point Of View ◽  
Union Activity ◽  
Labour Relations ◽  
El Sistema ◽  
Information And Communication ◽  
Spanish Legislation

Labour relations have been hit deeply by information and communication technologies (ICT). A wide bibliography has described this impact on all the working conditions and in all the circumstances that surround subordinate work. However, less attention has been devoted to the realm of trade union activity, representation, participation and involvement rights, collective bargaining and industrial action. All that huge field has to be re-thought from the point of view of the technological footprint as well. It is a discussion about strategies and adaptation to the current ways of information and communication. Consequently, a problem of adaptation of labour relations players to those channels. This paper tries to answer briefly to some of those questions taking the Spanish system as an example when necessary. Spanish legislation and case-law are described and criticized as long it is necessary for the overall discussion but taking into consideration the globalized literature on this subject. Las relaciones laborales han sido fuertemente afectadas por las TIC. Una amplia bibliografía ha descrito este impacto en todas las condiciones de trabajo y en todas las circunstancias que rodean el trabajo subordinado. Sin embargo, se ha prestado menos atención al ámbito de la actividad sindical, de los derechos de representación, participación e implicación, negociación colectiva y conflicto. Todo este vasto campo también debe ser reinterpretado desde el punto de vista de la huella tecnológica. Es, antes que nada, un debate sobre estrategias y sobre adaptación de los canales actuales de información y comunicación y, en consecuencia, un problema de adaptación de los actores de las relaciones laborales a esos cauces. Este artículo pretende responder brevemente a algunas de esas cuestiones, tomando como ejemplo el sistema español. Se describen y critican la legislación y la jurisprudencia españolas, pero se toma en consideración la literatura global sobre el tema.

scholarly journals Status of LLC Shareholder and Forms of Obtaining It (Comparative-legal Analysis)

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 42-72
Keyword(s):  
Legal Status ◽  
German Law ◽  
Case Law ◽  
Legal Analysis ◽  
Legal Norms ◽  
Legal Literature ◽  
The Us ◽  
The Status ◽  
Logical Synthesis ◽  
General Regulation

The status of the LLC shareholder characterizes the legal status of the shareholder, its legal relationship with other shareholders, the LLC itself, management of the LLC, and third parties. Although the legal status of LLC shareholder (its rights and obligations) is prescribed under Georgian law, issues related to its definition are still relevant, as Georgian legislation is limited to general regulation only, and Georgian case law and legal literature are also characterized by the scarcity of consideration of shareholder status. The purpose of this article is to use comparative legal analysis to determine the essence of the status of the LLC shareholder, the grounds for its origin, and legal consequences. The article analyzes the concept of the status of the LLC shareholder, subjects of the status of the LLC shareholder, LLC share concept, the rights, and obligations connected to the status of the LLC shareholder, forms of receiving the status of the LLC shareholder and its period. Since the regulatory norms of Georgian LLC are the institute of logical synthesis created as a result of the reception of the norms of German law and the norms of US law, the article mainly provides a comparative analysis of the Georgian and German legal norms on the status of the LLC shareholder, as well as, to some extent, the US regulations.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

Irish Trade Union Organization

2011 ◽  
Vol 76 (3) ◽  
pp. 279-280
Author(s):  
Emmet O'Connor
Keyword(s):  
Trade Union ◽  
Trade Union Organization

Roundtable discussion: Organising cleaners in the context of Covid-19

2021 ◽  
Vol 122 (1) ◽  
pp. 156-163
Author(s):  
Heather Wakefield ◽  
Helen O’Connor ◽  
Marjorie Mayo ◽  
Jonathan White
Keyword(s):  
Public Health ◽  
Working Class ◽  
Trade Union ◽  
Step Change ◽  
Substantial Part ◽  
Roundtable Discussion ◽  
Migrant Communities ◽  
The Status ◽  
Part Time ◽  
Minority Ethnic

People working as cleaners represent a substantial part of the modern British working class. Low-paid, often part-time, disproportionately female and, more recently, from black and minority ethnic and migrant communities, this workforce has historically been seen as hard to organise. Yet the Covid-19 crisis has elevated the status of cleaning as a key part of maintaining public health. In this article, trade union organisers with experience of working with cleaners discuss the possibilities of the current conjuncture for effecting a step change in both unionisation and the reconstruction of public services.

The UK courts and EU law post-Brexit

2021 ◽  
Vol 20 (3) ◽  
pp. Christopher-Vajda
Author(s):  
Christopher Vajda
Keyword(s):  
Supreme Court ◽  
Transition Period ◽  
Case Law ◽  
Eu Law ◽  
National Courts ◽  
The Supreme Court ◽  
The Future ◽  
The Status ◽  
The Uk ◽  
Court Of Appeal

Following the expiry on 31 December 2020 of the ‘transition period’ under the UK/EU Withdrawal Agreement, the relationship between UK and EU law had changed. Whilst much EU legislation at that date will continue to apply in UK law as ‘retained EU law’ and judgments of the EU courts handed down before that date will remain binding on UK courts as ‘retained EU case law’, the Court of Appeal and Supreme Court can depart from that case law. Whilst EU court judgments handed down after that date are not binding on UK courts, they may be taken into account. This article considers both the status of EU retained case law and when the Supreme Court and Court of Appeal may depart from it, and the future of EU law that is not ‘retained EU case law’ and how judgments of the European Courts and national courts of its Member States may influence UK judges in the future.

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