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.

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

New trade union strategies for new forms of employment

2019 ◽  
Vol 10 (3) ◽  
pp. 219-228
Author(s):  
Emmanuel Dockès
Keyword(s):  
Trade Union ◽  
Case Law ◽  
Work Relationships ◽  
French Law ◽  
Labour Law ◽  
Economic Dependence ◽  
Application Range ◽  
French Case ◽  
Home Workers ◽  
The Impact

This paper records the responses to the questionnaire that was circulated to academics for the purposes of compiling the ETUC publication, ‘New trade union strategies for new forms of employment’. In responding to the questions asked, this paper provides a broad description of how work relationships are organised in French law. It includes an analysis of the French concept of employee. It explains how behind the formal central criterion of this concept – subordination - lies a diversity of factors, supposedly proof elements of subordination. The impact of one of them, worker’s economic dependence, explains how French case law has managed to create a wide concept of employee, and hence a wide application range for Labour Law, including most of platform workers and other new forms of employment. This paper also recalls special French statutes extending the French Labour code to dependant workers like home workers, sales representatives, branch managers (including certain types of franchises), etc. The paper finally explains how and why both subordination and dependency should be officially recognised as alternative or combined criteria to draw the scope of labour protection.

Ethnic Minorities and Equal Treatment: The Impact of Gender, Equal Opportunities Policies and Trade Unions

2001 ◽  
Vol 176 ◽  
pp. 105-116 ◽  
Author(s):  
Mike Noon ◽  
Kim Hoque
Keyword(s):  
Ethnic Minority ◽  
Ethnic Minorities ◽  
Trade Union ◽  
Trade Unions ◽  
Equal Treatment ◽  
Equal Opportunities ◽  
Men And Women ◽  
Non Union ◽  
Minority Men ◽  
The Impact

The article examines whether ethnic minority employees report poorer treatment at work than white employees, and evaluates the impact of three key features — gender differences, formal equal opportunities policies and trade union recognition. The analysis reveals that ethnic minority men and women receive poorer treatment than their white counterparts. In addition, there is evidence to suggest that ethnic minority women receive poorer treatment than ethnic minority men. Equal opportunities policies are effective in ensuring equal treatment, but the presence of a recognised trade union is not. White men and women in unionised workplaces enjoy better treatment than their white counterparts in non-union workplaces, but the same is not true for ethnic minorities. By contrast, there is very little evidence of unequal treatment in non-union workplaces.

Political attitudes and trade union membership in the Nordic countries

2017 ◽  
Vol 23 (4) ◽  
pp. 381-395 ◽  
Author(s):  
Carsten Strøby Jensen
Keyword(s):  
Survey Data ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Political Attitudes ◽  
European Social Survey ◽  
Nordic Countries ◽  
Left Wing ◽  
Social Survey ◽  
The Impact

Do political attitudes influence the likelihood of employees being members of a trade union, and to what extent is this the case in the Nordic countries with their high aggregate levels of membership? In this article, I address these questions using European Social Survey data from 2012. The results show that left-wing political attitudes have the most impact on the likelihood of trade union membership in Sweden and to a lesser extent in Denmark. In Norway and Finland, there is no statistically significant impact. I argue that the impact of left-wing political attitudes on unionization in Sweden and Denmark reflects a conception among employees that trade unions are normative organizations.

Een halve eeuw vakbondslidmaatschap : Een verkennende longitudinale studie naar enkele cyclische determinanten voor de ledenontwikkeling van de Belgische vakbonden, 1946-1995

Res Publica ◽  
2004 ◽  
Vol 46 (1) ◽  
pp. 6-32
Author(s):  
Kurt Vandaele
Keyword(s):  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Econometric Model ◽  
Positive Impact ◽  
Union Density ◽  
Free Riding ◽  
Structural Variable ◽  
Explanatory Variables ◽  
The Impact

This article explains the ebb and flow in Belgian trade union membership from 1946 to 1995 by replicating the econometric model by Bain and Elsheikhn in which changes in macro-economic variables are highly significant. Since the automatic indexation of wages and the extension of collective labour agreements invite free riding, the relevance of the change in inflation and real wage is quite striking. However, the free riding-effect is slowed down by the institutionalised presence of the trade unions on the work floor. The Ghent system explains the positive impact of the unemployment rate . The model is furthermore improved by the trade union density as a structural variable. The linear form reflects the enforcement effect, while the quadratic form mirrors the saturation effect on the trade union membership. Mainly due to the 'Allgemeinkoalitionsfähighkeit' of the Belgian government system, the impact of left parties on union growth and decline is not significant in a quantitative framework. With only four explanatory variables the model clarifies more than 75% of the fluctuations in Belgian trade union membership.

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

The Impact of Unions on Pay Levels in Lower-Skilled Jobs

2001 ◽  
Vol 176 ◽  
pp. 76-90 ◽  
Author(s):  
John Forth ◽  
Neil Millward
Keyword(s):  
Private Sector ◽  
Minimum Wage ◽  
Trade Union ◽  
Trade Unions ◽  
Positive Impact ◽  
Employee Relations ◽  
The Past ◽  
Sphere Of Influence ◽  
The Impact

The decline in trade union influence over the past two decades raises the question of whether pay levels in lower-skilled jobs now lie outside the unions' sphere of influence, as tacitly acknowledged by their acceptance and later endorsement of the principle of the statutory minimum wage. This article examines pay levels among lower-skilled jobs in the private sector in Britain using the Workplace Employee Relations Survey of 1998. It shows that trade unions still had a positive impact upon pay levels in lower-skilled jobs and identifies those forms of unionism associated with the largest premiums. However, the article also shows that the activities of trade unions did little to counteract the forces generating the lowest levels of pay.

scholarly journals Tiesiskā regulējuma analīze aizgādības tiesību ierobežošanas jautājumos

2021 ◽  
Vol 1 (19) ◽  
pp. 152-165
Author(s):  
Sanita Vanaga
Keyword(s):  
Legal Framework ◽  
Best Interests ◽  
Equal Protection ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Legal Restriction ◽  
Rights And Interests ◽  
A Minor ◽  
The Impact ◽  
Unequal Protection

Rakstā ir veikta aizgādības tiesību ierobežošanas tiesiskā analīze un aplūkoti problēmjautājumi, kas saistīti ar aizgādības tiesību ierobežošanas sekām. Tā kā likuma izpratnē bērns ir nepilngadīga persona līdz 18 gadu sasniegšanai un viņam trūkst rīcībspējas, bērna aizgādības tiesības īsteno viņa dabiskie aizbildņi – vecāki. Aizgādības tiesību būtība ir ļoti plaša, un to īstenošana vai tiesiska ierobežošana ir aplūkojama no vairākiem aspektiem, kas uzskatāmi norāda uz vairākiem problēmjautājumiem. Publikācijā īpaša uzmanība tiek pievērsta aizgādības tiesību ierobežošanas veidiem un to ietekmei uz bērna tiesību un interešu nodrošināšanu. Veicot tiesiskā regulējuma analīzi, tika konstatēts, ka ir trīs aizgādības tiesību ierobežošanas veidi. Taču šo tiesību ierobežošanas gadījumā bērnu tiesību un interešu nodrošināšana ir nevienlīdzīga un interpretējama atbilstoši noteiktajiem ierobežojumiem un bērna vecāku izpratnei par aizgādības tiesību būtību. Pētījuma mērķis ir identificēt problēmjautājumus un sniegt priekšlikumus tiesiskā regulējuma pilnveidošanai, lai visos aizgādības tiesību ierobežošanas gadījumos bērna tiesību un interešu nodrošināšana būtu vienlīdzīga un bērna vislabākajās interesēs. Raksts veidots divās daļās. Pirmajā daļā aplūkoti aizgādības tiesību ierobežošanas veidi un to tiesiskās ierobežošanas problēmjautājumi, savukārt otrajā daļā analizēta aizgādības tiesību ierobežošanas ietekme uz bērna tiesību un interešu nodrošināšanu. The article addresses the question of the legal analysis of the restriction of custody rights and the issues related to the consequences of the restriction of custody rights. As within the meaning of law, a child is a minor until the age of 18, thus he or she lacks the legal capacity, the child’s custody rights are exercised by his or her natural guardians – parents. The nature of custody rights is very broad, and their exercise or legal restriction can be viewed from several aspects, which clearly raises a number of issues. The publication pays special attention to the ways of restricting custody and their impact on ensuring the rights and interests of a child. The analysis of the legal framework revealed that there are three types of restriction of custody rights, which ensure unequal protection of a child’s rights and interests, as the restrictions is interpreted according to the understanding of custody rights by the child’s parents. The aim of the study is to identify the problematic issues and make proposals for the improvement of the legal framework, in order to reach equal protection of the rights and interests of a child in all cases of restriction of custody rights, which would be in the best interests of a child. The article consists of two parts. The first part discusses the types of restriction of custody rights and the problems of their legal limitation, while the second part analyses the impact of restriction of custody rights on ensuring the rights and interests of a child.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

9. Collective labour law

2019 ◽  
pp. 649-719
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action, which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout, as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

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