Established and emerging fields of workers’ struggles in the care sector: the case of Poland

This article analyses the struggles of care sector workers in recent years in Poland, mapping the activities of trade unions and initiatives undertaken by non-unionised workers in care services. It considers the institutional setting and barriers specific to Poland and analyses the constraints on industrial action in the sector by looking at different cases: nurses and midwives, early education teachers, nursery teachers and carers of persons with disabilities. All those groups have in recent years organised militant actions. Using an institutional approach and Social Reproduction Theory, the article discusses how the social understanding of care work intersects with the institutional setting during industrial action and the consequences for the workers of this intersection. It introduces the typology of established and emerging fields of workers’ struggles and a concept of ‘bargaining power penalty’ to show that disputes in the care sector are a new form of industrial dispute, featuring, over and above the tripartite worker-employer-state constellation, the relationship between caregivers and care recipients (and their families) as well as the special position of caregivers in society. Care weakens bargaining power, while at the same time it inspires new agendas of struggles.

Variance in Call Duty and Hazard Allowances: Implication on Health Workers Commitment and Work Relations in Nigeria

This study examines disparity in call duty and hazard allowance and its implication on health worker's commitment and industrial dispute in tertiary hospital in South-South, Nigeria. A survey method that allows for the use of structured questionnaire was adopted. The study used a combination of purposive and random sampling techniques in determining a sample of 1191 participants from 4 tertiary hospitals in South-South Nigeria. Data gathered from the field was coded and analyzed using Linear Regression at 0.05 level of significance. Results revealed that call duty discrepancies and hazard allowances significantly affect health workers' commitment and industrial disputes in tertiary hospitals. The study recommended, among others, that National Salaries, Incomes and Wages Commission should carry out a comprehensive review of all health worker's wages and allowances in Nigeria with the view of harmonizing them. The commission should also evolve a periodic pay reform for health workers in Nigeria.

LEGAL POSITION OF DOUBLE EMPLOYMENT IN MALAYSIA

Double employment is a situation where an employee holds double paid jobs, either as an employee or as being self-employed. The issue of double employment has been subject to discussion and even has brought to industrial dispute between employer and employee which require the judicial intervention. While some employers allow their employees to engage in double employment, there are few legislations clearly prohibit this practice. In Malaysia, as to date there is no specific law regulating double employment by employees. This article aims to analyse the position of double employment in Malaysia.

Termination of Employment-Based on Efficiency in Indonesian Company

The different interest between employer and employee is potentially causing Industrial Dispute between them. Industrial Disputes is dominated by Termination of Employment (laid off) dispute; one of the reasons is company efficiency. Based on that matter, it needs to be studied regarding its legality, procedure, employees’ rights and the pattern of Industrial Dispute Settlement regarding laid off through company efficiency. Based on these problems, several conclusions can be drawn. Firstly, Termination of Employment must be based on a valid reason under the law. Secondly, Termination of Employment due to company’s efficiency can only be done on the condition that the company permanently closed. Thirdly, in the case of termination of employment for company efficiency, the company must pay attention to the employee’s rights in the form of compensation based on consideration of wages and the employee’s duration of work. Fourthly, the pattern of Industrial Dispute Resolution that can be adopted by the parties is bipartite, tripartite and Industrial Relation Court.

After the 1910 Eight-Week Lockout: ‘Flächentarifvertrag’ in the German Construction Industry

The greatest industrial dispute before the First World War in Germany, a national lockout in the construction industry, lasting eight weeks and involving up to 245,000 workers, ended with a defeat of the German Construction Employers’ Federation - Deutscher Arbeitgeberbund für das Baugewerbe - on 18 June 1910 after a tripartite process of arbitration. This industrial dispute about a new national framework contract - Flächentarifvertrag - on collective employment relations and bargaining in the construction industry heralded a new stage in labour-capital relations. It led to a substantial unification and concentration of workers’ organizations and divided the employer’s organization, benefiting, on the one hand, the sectoral labour unions to the detriment of local unions, and, on the other, the joint-stock corporations to the detriment of smaller, individually owned companies.

INSTITUTE OF LEGAL PROTECTION OF LABOR RIGHTS IN UKRAINE: GENESIS AND CURRENT STATE

Purpose: The explored issue seems to be urgent because the efficiency and accessibility of the system of social rights, especially to work and other related rights, become important among priorities of implementation of modern judicial and legal reform in Ukraine. The article is devoted to issues of formation and establishment of the institute of legal protection of labor rights by its separation at the legislative and law-enforcement level from the institute of labor rights protection which is bigger by scope and content. It is noted that knowing the genesis of the institute of legal protection of labor rights in Ukraine is an important step to improve the effectiveness of labor rights protection. Methodology: General scientific research methods (the formalization, the analysis, and the modeling) and special-legal approaches (the historical and legal, the comparative and legal as well as the state legal modeling) are used. Result: The need for the allocation of the industrial law legal assistance institute at a legislative and enforcement levels in the Ukrainian system of law is theoretically based. It is proved that such an allocation may be especially useful in practice while industrial dispute resolutions the standardization of which in Ukrainian legislation is insufficiently elaborated. It has been offered to make alterations in a current (or in a new draft) Labor Code of Ukraine, first of all, in the part of the number increase of legislative grounds for the reference to the court on the issue of industrial disputes. Applications: The normative changes in the Labor Code of Ukraine offered by the author may be used by the domestic entities of the legislative leadership as well as by theorists in the sphere of labor code and by the management of the trade union associations as a basis for the preparation of corresponding drafts. Novelty/Originality: The historical and legal genesis research of the industrial law legal assistance institute as an independent subject of the industrial law theory with the allocation and justification of its development periods in the history of domestic legal thought was carried out first in Ukrainian science literature. There were also elaborated, formed and theoretically confirmed the specific proposals on the normative changes in the Labor Code of Ukraine in the part of the individual and collective industrial disputed resolutions by means of the offered legal instruments of the industrial law legal assistance institute.