Die Auswirkungen des Tarifeinheitsgesetzes auf das Arbeitskampfrecht

2019 ◽  
Author(s):  
Malte Göbel

‘No labour disputes are prevented—neither legally nor factually—by the statute on salary unity.’ This is the core assumption of this investigation, which is the exact opposite of the expectation of legislators that the proportionality of labour disputes has to be interpreted in line with the stipulations on salaries in BT-Drs. 18/4062, p. 12. This thesis is based on a comprehensive analysis, closely geared to the practical problems of salary unity and the interaction between the laws on collective bargaining and industrial action in terms of the proportionality of labour disputes, peace obligations and the principle of a workers’ collective bargaining unit. Following several works on the constitutionality of the statute on salary unity, this study is the first to present the practical effects of unified salary agreements in appropriate depth.

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Nitipong Pichetpan ◽  
Mark W. Post

Abstract This article provides a comprehensive analysis of the little-known “bare classifier phrase” construction in Modern Standard Thai. It describes the syntax, semantics and discourse functions of Thai bare classifier phrases, and further proposes a diachronic account of their origin in reduction of post-posed numeral ‘one’. Following this synchronic and diachronic description, this article attempts to locate Thai within a working typology of bare classifier constructions in mainland Asian languages, and further argues for the importance of bare classifier constructions to the theory of classifiers more generally. Following Bisang (1999) and others, it argues that bare classifier constructions reveal the core function of classifiers in Asian languages to be individuation – a referential function. It therefore cautions against some recent proposals to merge classifiers and gender markers within a single categorical space defined on the semantic basis of nominal classification, and in favour of continuing to treat classifiers as a discrete linguistic category – in mainland Asian languages, at least.


2018 ◽  
Vol 48 (3) ◽  
pp. 343-376
Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

Abstract In 2016, the UK Parliament passed the Trade Union Act 2016 (TU Act 2016), which introduced new quorum and approval requirements for pre-strike ballots. In Australia, mandatory pre-strike ballots, including a quorum requirement, were first introduced in 2006. This article explains the key features of the Australian pre-strike ballot system and reports on quantitative and qualitative empirical research findings on the operation of the ballots process to analyse the majority and quorum requirements, mode of ballot (postal, attendance or electronic) and choice of ballot agent. Quorum is the biggest obstacle to Australian unions authorising strike action under the pre-strike ballot rules, and postal ballots fail to reach quorum at significantly higher rates than do attendance ballots. By introducing quorums and retaining the requirement that all pre-strike ballots must be conducted by post, the TU Act 2016 endorsed the two factors under the Australian regime most likely to impede the authorisation of strike action in a pre-strike ballot.


Nanophotonics ◽  
2016 ◽  
Vol 5 (4) ◽  
pp. 556-564 ◽  
Author(s):  
Volodymyr I. Fesenko ◽  
Vladimir R. Tuz ◽  
Oleksiy V. Shulika ◽  
Igor A. Sukhoivanov

AbstractA comprehensive analysis of guided modes of a novel type of a planar Bragg reflection waveguide that consists of a low refractive index guiding layer sandwiched between two finite aperiodic mirrors is presented. The layers in the mirrors are aperiodically arranged according to the Kolakoski substitution rule. In such a waveguide, light is confined inside the core by Bragg reflection, while dispersion characteristics of guided modes strongly depend on aperiodicity of the cladding. Using the transfer matrix formalism bandgap conditions, dispersion characteristics and mode profiles of the guided modes of such a waveguide are studied on the GaAs/AlAs and Si/SiO2 epitaxial platforms, which are compatible with hybrid and heteroepitaxial frameworks of silicon photonics.


Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on trade unions. Topics covered include independence and recognition; the legal enforceability of collective agreements; disclosure of information for collective bargaining; protection for trade unionists; statutory immunity in tort for various types of industrial action.


Author(s):  
Mangan Mark ◽  
Reed Lucy ◽  
Choong John

This chapter presents an overview of the proceedings of the Singapore International Arbitration Centre (SIAC) to address its failure to resolve the expeditious resolution of disputes. There is a tension at the core of modern international arbitration. Parties seek fast, cost-efficient and final dispute resolution; however, the absence of an appeal mechanism for arbitral awards generates a need for comprehensive analysis for retention of the best lawyers and arbitrators. This creates a risk of long and expensive arbitration proceedings. The tension makes international arbitration inefficient in dealing with urgent cases.


2019 ◽  
Vol 92 (4) ◽  
pp. 643-664
Author(s):  
Ivan Franceschini ◽  
Christian Sorace

Since their appearance in the mid-1990s, Chinese labour NGOs have mostly focused on disseminating labour law and guiding labour disputes through official channels. In so doing, they have assisted the Chinese Communist Party in achieving its paramount goal of maintaining social stability. In line with this approach, activists in these organizations have traditionally framed their work in terms of "public interest" or "legality," both of which resonate with the hegemonic discourses of the Party-state. However, earlier this decade a minority of Chinese labour activists began to employ some new counterhegemonic narratives centred on the experience of the labour movement and the practice of collective bargaining that attempted to recode the proletarian experience outside of its official representation. In this paper we analyze this discursive shift through the voices of the activists involved, and argue that the rise of these new counterhegemonic voices was one of the reasons that led to the Party-state cracking down on labour NGOs.


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