scholarly journals Collective Agreements and Juridical Extension

2014 ◽  
Vol 7 (1-2) ◽  
pp. 72-80
Author(s):  
Gérard Tremblay
Keyword(s):  
Point Of View ◽  
Collective Agreement ◽  
Historical Evolution ◽  
Economic Aspects ◽  
Labour Relations ◽  
Collective Agreements ◽  
Corrective Measures ◽  
The Law

Summary After a brief outline of the historical evolution of the Collective Agreement Act since its adoption in 1934 and of the Labour Relations Act of 1944, the author examines in succession the contents, the authority and the application of these two laws. Both of them present certain difficulties in their application and thus cause differences in viewpoints between employers and employees. How can these differences be overcome ? There is the problem. The reader will find in this article a possible solution from the point of view of the law, union requirements and certain economic aspects, and two possible corrective measures that may be applied immediately.

scholarly journals Global Reform of the Labor Code of the Republic of Belarus in 2019-2020 (Issues of Labor and Collective Agreements)

Lex Russica ◽  
2020 ◽  
pp. 143-154
Author(s):  
K. L. Tomashevski ◽  
E. A. Volk
Keyword(s):  
Law Enforcement ◽  
Collective Agreement ◽  
Collective Agreements ◽  
Technical Errors ◽  
Legal Method ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Law ◽  
The Republic ◽  
Personnel Practice

The law of the Republic of Belarus of July 18, 2019 No. 219-Z "On changing laws" introduced significant changes and additions to the Labor Code of the Republic of Belarus. These innovations can be assessed as the third global reform of labor legislation. The importance of this reform is evidenced by the following facts. First, more than 170 articles were corrected. Second, the Code was supplemented with two new chapters. Third, 12 new articles were introduced (except for new chapters), about the same number of articles were excluded. Fourth, 25 articles of the Labor Code of the Republic of Belarus were set out in a new version. The paper analyzes in detail the new legal definitions of labor function, qualification, contract, and local legal acts. The Law of July 18, 2019 No. 219-Z introduced a new Chapter in the Labor Code of the Republic of Belarus on the contract system of employment, which implemented norms from a number of decrees and decrees of the President of the Republic of Belarus. In the course of the last reform, the Labor Code of the Republic of Belarus amended the provisions on the term of the employment contract, employment, transfer, changes in essential working conditions, and dismissal of an employee. The paper reveals a number of conflicts, legal and technical errors and legal uncertainties associated with the adoption of the Law of July 18, 2019 No. 219-Z, which may lead to problems in practice when applying the updated Labor Code of the Republic of Belarus. Special attention is given to the new rules of the Labor Code of the Republic of Belarus on the extension and scope of the collective agreement. The authors make suggestions for improving the labor legislation of Belarus. The comparative legal method is used, in particular, it is compared with the labor legislation of the Russian Federation. It is concluded that the Belarusian legislator has not approached the reform of the Labor Code of the Republic of Belarus in a well-thought-out and scientifically justified way. The shortcomings of the Law of July 18, 2019 No. 219-Z noted in this paper will be overcome and leveled by law enforcement and personnel practice.

scholarly journals PAPER V PRACTICE – EXAMINING THE SCOPE AND LIMIT OF SECTION 206 OF THE LABOUR RELATIONS ACT IN PROVIDING A REMEDY FOR A NON-PARTY TO AN EXTENDED COLLECTIVE AGREEMENT

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
Jeanne-Mari Retief
Keyword(s):  
Collective Agreement ◽  
Correct Interpretation ◽  
Labour Relations ◽  
Collective Agreements

The Minister of Labour may extend collective agreements concluded in bargaining councils to non-parties to the agreements in terms of section 32 of the Labour Relations Act 66 of 1995. The extension of these agreements has long been a cumbersome debate in law and practice. While some argue in favour thereof there are many that argue against it. Non-parties can apply for exemption from thesecollective agreements, and this is seen as a due remedy, however, the process of applying for exemption can be wrought with inefficiencies. Therefore, the question must be asked whether the employer as a non-party to an extended agreement, hasany remedy to its disposal. Section 206 of the Labour Relations Act deals with the effect that a defect or irregularity in a bargaining council can have on the validity of the collective agreement concluded by said council. If the collective agreement is extended to non-parties, and there is a material defect with regard to the collective agreement, this section can provide a due remedy for the non-party, if interpreted and applied correctly. Seen as a clarification for the correct interpretation of section 206 has only recently been addressed in a judgment by Judge Van Niekerk, this article focuses on this interpretation and aims to make certain recommendations with regard to the interpretation of section 206.

The Four Elements of Law

1974 ◽  
Vol 33 (2) ◽  
pp. 246-259 ◽  
Author(s):  
Folke Schmidt
Keyword(s):  
Present State ◽  
Nordic Countries ◽  
Law Students ◽  
Collective Agreement ◽  
National Union ◽  
Labour Relations ◽  
General Theme ◽  
The Law

Two years ago I was invited to join a conference of law students from the Nordic countries and to discuss with them the law of labour relations. There were many radical socialists among the members of the conference. One after another young angry men attacked the present state of law in the Nordic countries as the law of the ruling classes. The collective agreement was not, as I had been used to see it, a bargain between two independent parties but a means of oppression. Not seldom the officers of the national union were in collusion with management and the rest of the establishment. In the debate I answered that their views were too narrow because there were at least the following four elements of law: (1) the law of survival, (2) the law of toleration, (3) the laws of the ruling classes, and (4) laws based upon agreements. Their laws represented only one of these four elements. Today I am going to try to develop this general theme.

A New Dimension in Collective Agreements

1976 ◽  
Vol 11 (4) ◽  
pp. 468-515
Author(s):  
Ruth Ben-Israel
Keyword(s):  
Industrial Relations ◽  
Collective Agreement ◽  
Labour Law ◽  
Stages Of Development ◽  
Economic Changes ◽  
Labour Relations ◽  
Collective Agreements ◽  
Flexible Framework ◽  
Catch Up ◽  
The Individual

From the late 19th century on, a series of social and economic changes have altered the system of labour relations. The transition of bargaining over terms of employment, from the individual to the collective sphere, was the culmination of the historical stages of development. Changes in labour relations have always been, and remain dynamic. Therefore, collective labour law, like the industrial relations system itself, is constantly taking new steps to formulate up-to-date patterns of thought and behaviour. Hence, the legal system finds it difficult to dictate firm policies, and can only try to catch up with the development bypost factumlegislation and theorization, which can set but a broad and flexible framework.The collective agreement is presented in this study as a universal phenomenon, resulting from the historical stages of development in labour relations. These stages have led to the crystallization of the collective agreement as it is known today, and to the formulation of its distinctive traits.

Managers on balancing employment protection and what’s good for the company: Intended and unintended consequences of a semi-coercive institution

2021 ◽  
pp. 0143831X2199353
Author(s):  
Charlotta Stern ◽  
Linda Weidenstedt
Keyword(s):  
Unintended Consequences ◽  
Point Of View ◽  
Employment Protection ◽  
Employment Protection Legislation ◽  
Manufacturing Companies ◽  
Institutional Legitimacy ◽  
Collective Agreements ◽  
Intended Behavior ◽  
Protection Legislation ◽  
The Law

Sweden’s institutionalized employment protection legislation, ‘LAS’, is interesting theoretically because parts of it are semi-coercive. The semi-coerciveness makes it possible for firms and unions under collective agreements to negotiate departures from the law. Thus, the law is more flexible than the legal text suggests. The present study explores intended and unintended consequences of LAS as experienced by managers of smaller manufacturing companies. The results suggest that managers support the idea of employment protection in principle but face a difficult balancing act in dealing with LAS. From their point of view, the legislation’s institutional legitimacy is low, producing local cultures of hypocrisy and pretense. The article gives insights into how institutions aimed at specific, intended behavior sometimes end up producing unintended consequences fostering the opposite.

scholarly journals Limiting Organisational Rights of Minority Unions: POPCRU v Ledwaba 2013 11 BLLR 1137 (LC)

2017 ◽  
Vol 17 (5) ◽  
pp. 2227
Author(s):  
Tamara Cohen
Keyword(s):  
Civil Rights ◽  
Collective Bargaining ◽  
Trade Unions ◽  
Fundamental Principle ◽  
Collective Agreement ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Collective Agreements ◽  
Legislative Model ◽  
The Right

The Labour Relations Act 66 of 1995 unequivocally promotes the policy choice of majoritarianism, in furtherance of orderly collective bargaining and the democratisation of the workplace. The majoritarian model aims to minimise the proliferation of trade unions in a single workplace and to encourage the system of a representative trade union.Section 18(1) of the Labour Relations Act enables majority unions to enter into collective agreements setting thresholds of representivity for the granting of access, stop-order and trade-union leave rights to minority unions. In furtherance of the majoritarian framework, collective agreements concluded between majority unions and employers can be extended to non-parties to the agreement in terms of section 23(1)(d) of the Labour Relations Act provided specified requirements are satisfied. In Police & Prisons Civil Rights Union v Ledwaba 2013 11 BLLR 1137 (LC) (POPCRU) the Labour Court was required to consider if the collective agreements concluded between the employer and the majority union could be relied upon to prohibit the minority union from securing organisational rights. In so doing, the Labour Court had to reconcile the fundamental principle of freedom of association and the right to fair labour practices (to organise and engage in unfettered collective bargaining) within the context of the majoritarian framework. The Labour Court in POPCRU held that the collective agreement concluded with the majority union must have preference over the organisational rights of minority unions, in keeping with the principle of collective bargaining hierarchy and the legislative framework. This case note argues that, while the finding of the labour court in POPCRU is correct on the facts and is in keeping with the principle of majoritarianism, the legislative model may no longer be suitable within the context of the current socio-economic and political landscape. Strike violence, loss of confidence in existing bargaining structures, and the alienation of vulnerable employees from majority unions has resulted in minority unions taking up the cudgels of frustrated and disempowered employees, as witnessed in the Marikana experience. The note suggests that in the light of the changing dynamics of the collective bargaining environment, it may be time to revisit the majoritarian model.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

scholarly journals Influence of the socio-economic environment on the entrepreneurs behavior. Cases of cuba and ecuador

2021 ◽  
Vol 13 ◽  
pp. 184797902199450
Author(s):  
Reyner Pérez-Campdesuñer ◽  
Gelmar García-Vidal ◽  
Alexander Sánchez-Rodríguez ◽  
Rodobaldo Martínez-Vivar ◽  
Margarita de Miguel-Guzmán ◽  
...  
Keyword(s):  
Comparative Study ◽  
Point Of View ◽  
Personality Characteristics ◽  
Social Model ◽  
Historical Evolution ◽  
Government Regulations ◽  
Failure Risk ◽  
Short And Long Term ◽  
Financial Environment

Entrepreneurship is an important part of any economy today regardless of its level of development. However, not in all contexts do entrepreneurs operate in the same way, nor are they motivated by the same factors. This research seeks to identify possible coincidence factors and differences between entrepreneurs that operate in different contexts from the point of view of their historical evolution, the duration of these and the economic and social model applied in the countries. Specifically, a comparative study is carried out between entrepreneurs from the republics of Ecuador and Cuba considering various variables such as: personality characteristics (attitude to failure, risk, perseverance and innovation), use of the available time fund for work in entrepreneurship; Impact of the environment in relation to: government regulations, taxes, level of competition and availability of suppliers, as well as the structure of personal expenses projected in the short and long term that entrepreneurs assume as a stimulus for their actions. For the development of the study, a description of the behavior of the variables was initially made and later, by hypothesis testing, to verify differences and similarities between both populations. The study allowed us to identify common and divergent aspects between both populations analyzed. Similarly, it showed how differences in the administrative and financial environment in which entrepreneurs operate generate changes in their priorities and projections.

scholarly journals Sex Work in Slovenia: Assessing the Needs of Sex Workers

2021 ◽  
pp. 136078042110184
Author(s):  
Leja Markelj ◽  
Alisa Selan ◽  
Tjaša Dolinar ◽  
Matej Sande
Keyword(s):  
Needs Assessment ◽  
Sex Work ◽  
Sex Workers ◽  
Point Of View ◽  
Social Distress ◽  
Legal Advice ◽  
The Law ◽  
Client Relations ◽  
Insight Into

The research comprehensively identifies the needs and problems of sex workers in Slovenia from the point of view of three groups of actors in a decriminalized setting. The objective of the rapid needs assessment was to identify the needs of sex workers as perceived by themselves. In order to gain a deeper insight into this topic, we analyzed the functioning of the organizations working with the population, and examined the perspective of the clients. The results of the study show that no aid programmes have been developed for sex workers, even though organizations from various fields often come in contact with this population. Sex workers express the need to be informed about various topics (health, the law, legal advice) and emphasize client relations as the primary issue. The findings indicate the need for the development of a specialized aid programmes to address the fields of advocacy, reducing social distress and providing psychosocial assistance.

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