scholarly journals La participación de los trabajadores en materia de prevención de riesgos laborales

2009 ◽  
pp. 121
Author(s):  
María Purificación García Miguélez
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Complex Structure ◽  
The Public ◽  
Prevention Activities ◽  
The Right ◽  
Private Domain

El derecho de participación reconocido a los trabajadores para la organización y planificación de las actividades de prevención en las empresas entraña una estructura compleja en diferentes ámbitos. En primer lugar, respecto al dominio privado e interno, integrado por una participación directa e individualizada de los trabajadores en entidades de plantillas reducidas, o un procedimiento indirecto, colectivo o representativo, en el caso de empresas con un número suficiente de trabajadores para elegir representantes (tanto a través de una representación general -unitaria o sindical- como de una especializada -delegados de prevención y comité de seguridad y salud-). Son analizados tanto el aspecto "orgánico" (esto es, los órganos representativos precisos para un correcto ejercicio) como el "funcional" (es decir,las facultades y competencias a desempeñar), así como las diferencias para ejercer los derechos de información y de consulta, todo ello a fin determinar el órgano de representación más idóneo en cada caso. En segundo lugar, y en relación con el marco de actuación público, el derecho puede ser denominado de participación representativa e institucional, pues es llevada a cabo en diferentes órganos administrativos y fundaciones sectoriales, siendo los sindicatos más representativos responsables de su correcto ejercicio.<br /><br />The right that is recognized to workers in order to participate in the organization and planning of prevention activities in enterprises entails a complex structure related to different scopes. Firstly, related to the internal and private domain, consisting in a direct and individualized participation of workers in those entities of small size in staff, or an indirect, collective or representative procedure, in case of enterprises with a number of workers enough to elect representatives (either a general delegation -unit and trade union- or a specialized one -prevention risks delegates and committee on security and health-). The "organic" aspect (i.e. representative organs required to a proper practice) and the "functional" one (i.e. faculties and competences to be performed) are both under analysis. Differences to exercise the rights on information and consultation are also considered, all in order to determine the most suitable representative organ in each case. Secondly, related to the public framework, the right could be so-called representative and institucional participation, as it is performed in different administrative organs and sectorial foundations, the most representative trade unions as responsible for a proper exercise.

scholarly journals Trade Union Practices in the EU and Latvia: Experience for Eastern Partnership Countries

2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Comparative Approach ◽  
Eastern Partnership ◽  
The Public ◽  
Social Dialogue ◽  
Eastern Partnership Countries ◽  
The Eu

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

scholarly journals THE ITALIAN WAY TO INTERNAL DEVALUATION AND SOCIAL ACTORS’ STRATEGIES AGAINST AUSTERITY AND THE FLEXIBILIZATION OF THE LABOUR MARKET

2019 ◽  
Vol 4 (2) ◽  
pp. 129-151
Author(s):  
Giulia Giulia ◽  
Giovanni Orlandini
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Value Chains ◽  
Employment Contracts ◽  
Social Actors ◽  
The Public ◽  
Labour Costs ◽  
New Challenges ◽  
Union Action

Introduction: the Italian way to internal devaluation; 1.a Precarization of labour and weakening of trade union action at company level (amendment of dismissal law); 1.b Circumvention of the CCNL by means of exceptional employment contracts; 1.c Downward competition on labour costs by means of outsourcing and value chains; 1.d Promotion of decentralized collective bargaining and its power to derogate from the law and freezing of collective bargaining in the public sector; 2. The trade union(s) strategies; 2.a Bargaining strategy; 2.b Judicial strategy; 2.c Confrontational strategy; 3. New challenges for workers and new challenges for their organization(s); 3.a Italian trade unions’ strategies; 3.b Alternative experiences of (and in favour of) precarious workers; 4. Anti-austerity protests: the involvement of trade unions and social movements; 5. Concluding remarks; Bibliography.

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

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.

Trade Union Liability for ‘EU-Unlawful’ Collective Action

2012 ◽  
Vol 3 (1) ◽  
pp. 5-18 ◽  
Author(s):  
Jonas Malmberg
Keyword(s):  
Collective Action ◽  
Trade Union ◽  
Trade Unions ◽  
Eu Law ◽  
The European Union ◽  
Collective Actions ◽  
Court Of Justice ◽  
The Right ◽  
Alternative Understanding ◽  
The Eu

The Court of Justice of the European Union (ECJ) has made it clear that collective action taken by trade unions under certain circumstances might violate the freedom of services and the right of establishment under the Treaty (Articles 49 and 56 TFEU). However, the Court has not addressed the issue of which remedies are to be available against a trade union arranging such an ‘EU-unlawful’ collective action. This question was dealt with by the Swedish Labour Court (Arbetsdomstolen) in its final judgment in December 2009. The article discusses this judgment and presents an alternative understanding of the EU law requirements concerning remedies for EU-unlawful collective actions.

scholarly journals Lloyd George and the Development of the British Government's Strikebreaking Organization

1975 ◽  
Vol 20 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Ralph Desmarais
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Labor Disputes ◽  
Strike Activity ◽  
Public Records ◽  
The Public ◽  
Union Leaders ◽  
Post War

With the release of the Cabinet Papers for the Lloyd George post-war coahtion government and the opening of the Lloyd George papers in the Beaverbrook Library, the basis for a reinterpretation of the man and his era was made possible. And, indeed, several studies have been published already, most notably, by Americans. The thrust of these new works is to make a more sympathetic character of Lloyd George. Thus, Susan Armitage tells us, had he only not been so busy at peace conferences, Lloyd George would have seen to it that the labor disputes of the post-war years were less disruptive, that the grievances of the trade unions were given due consideration, and that more of the promises of the post-war Reconstruction Committee were realized. In the latter, she follows the lead of Paul Johnson, who was one of the first to plow the murky waters of the Public Records Office's offerings. Pointing a heavily accusing finger at Austen Chamberlain and the Treasury for withholding their blessing on “homes fit for heroes” and other Reconstruction plans, Johnson asks whether “an honest effprt” might have “headed off the militant strike activity” that denied Lloyd George's reconstruction plans the means of success. Thus Lloyd George appears as the victim of circumstances beyond his control – a paragon of pragmatic rationality who is opposed by reactionary Cabinet Ministers and bedevilled by stubborn trade-union leaders who refuse to understand why the promised paradise is not forthcoming.

scholarly journals THE RIGHT OF TRADE UNIONS TO DISCLOSURE OF INFORMATION UNDER THE LRA: BALANCING THE INTERESTS OF TRADE UNIONS AND EMPLOYERS

Obiter ◽  
2018 ◽  
Vol 39 (2) ◽  
Author(s):  
ME Manamela
Keyword(s):  
South Africa ◽  
Collective Bargaining ◽  
Trade Union ◽  
Trade Unions ◽  
Relevant Information ◽  
Sensitive Information ◽  
Access To Information ◽  
Disclosure Of Information ◽  
The Right ◽  
Right Of Access

Access to information promotes values of transparency, openness, and accountability that are important for a progressive constitutional democracy. Section 32(1) of the Constitution of the Republic of South Africa, 1996 (hereinafter “the Constitution”) provides that “everyone has the right of access to information held by the state or by another person that is required for the exercise or protection of any rights”. It is submitted that the word “everyone” in this provision, includes trade unions and employees and that the words “another person” in the provision include employers. Employees and their trade unions, therefore, have the right of access to information that the employer has, which may be required for the exercise or protection of their rights. Section 32(2) of the Constitution, further provides that “legislation may be enacted to give effect to this right”. The Promotion of Access to Information Act (2 of 2000 (PAIA)) gives effect to the right of access to information in general, however, for purposes of this discussion, the Labour Relations Act (66 of 1995 (LRA)) gives effect to the right through a number of provisions; including its sections 16 and 189. While section 16 requires the employer to disclose to a representative trade union all relevant information that will enable trade union representatives to effectively perform functions, which are listed in section 14(4); section 189 regulates the disclosure of information in the context of dismissals based on operational reasons of the employer.The above is in line with the International Labour Organisation’s (ILO) Collective Bargaining Standards Recommendation 163 (1981) which provides that “measures adapted to national conditions should be taken, if necessary so that parties have access to the information required by meaningful negotiation”. Section 23(5) of the Constitution grants every trade union a right to engage in collective bargaining. This right is protected and supported through provisions mentioned above which permit trade unions to request relevant information, which is important for the effective exercise of the right. This, however, has often proved to be problematic; largely due to the fact that on the one hand, trade unions need information, while on the other hand, employers sometimes regard this as an invasion of privacy. Employers often refuse to divulge information requested by trade unions as they think that the disclosure of information will also negatively affect their bargaining power or that sensitive information may get to competitors and jeopardize their business. Business South Africa (BUSA) raised concerns regarding the right to disclosure of information in its submissions to the National Economic Development and Labour Council (NEDLAC) during the drafting of the LRA as it regarded the obligation to disclose information to trade unions as a threat and an encroachment into management prerogatives. This argument was largely based on commercial secrecy; confidentiality and that disclosure of information would impede effective decision-making.In view thereof, it is important that there be a balance between the right of trade unions to information and the employer’s duty to disclose the information. This analysis will consider the relevant provisions of the LRA that grant trade unions the right to information and employers’ duty to disclose the information, to determine the balance between the interests of trade unions and employers regarding disclosure of information. It will also look at the position in the United Kingdom (UK) in order to determine whether there are lessons to be learned for South Africa.

scholarly journals EMPLOYMENT TERMINATION ISSUES WITH AN EMPLOYEE WHO IS A MEMBER OF THE TRADE UNION

2017 ◽  
Vol 4 (81) ◽  
pp. 52
Author(s):  
Dace Tarasova
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
The State ◽  
State Of Health ◽  
Labour Law ◽  
Employment Contract ◽  
Employment Termination ◽  
Continue Employment ◽  
The Right

The aim of the article is to state the main problems concerning employment termination with an employee who is a member of the trade union, and to work out the proposals on solutions of the problematic questions.Problems of termination of issues with and employee who is a member of the trade union are considered in the article. 110 clause the 1 part of the Labour Law determines that an Employer is prohibited to terminate Employment Contract with an Employee who is a member of the trade union if there is no preliminary agreement with a certain trade union. But 101 clause 6 part of the Labour Law determines that an Employer before termination of an Employment Contract has to clarify if an Employee is a member of the trade union. Therefore an Employer needs to ask the trade union for permission to terminate labour relationships with an Employee who is a member of the trade union.101 clause 7 paragraph determines, that an Employer has the right to terminate labour relationship with an Employee, when an Employee is not able to continue employment because of the state of health, and there is a certain medical statement. In this case, before termination of the Employment Contract an Employer has to ask the trade union for permission, but the trade union in this case is not competent enough, because the medical statement was issued by an authorized person. The Trade Union Law came into force in 2014, this Law does not consider the case that trade unions should be united according to the branches, occupations and other principles, that is why in reality Employees could participate in several trade unions or in one, which does not specialize in a certain branch or occupation. The problems also occur in the situations, when an Employee learns that an Employer wishes to terminate Employment Contract. In these situations Employee is looking for possible actions, in order to defence himself and joins the trade union, and becomes its member, and stays there till the problems are solved. 

scholarly journals Vai ir nepieciešamas karavīru arodbiedrības?

2020 ◽  
Vol 3 (18) ◽  
pp. 177-187
Author(s):  
Vita Upeniece
Keyword(s):  
Human Rights ◽  
Trade Union ◽  
Trade Unions ◽  
Armed Forces ◽  
European Convention ◽  
Constitutional Court ◽  
International Treaties ◽  
Freedom Of Association ◽  
National Regulation ◽  
The Right

Darba tiesības regulējošie normatīvie akti parasti satur noteikumu kopumu, kas regulē attiecības starp darbinieku apvienību vai darbinieku grupu un darba devēju. Biedrošanās brīvība ir nostiprināta arī vairākos starptautiskajos dokumentos, it īpaši ANO Cilvēktiesību deklarācijā, ANO Starptautiskajā paktā par pilsoniskajām un politiskajām tiesībām, ANO Starptautiskajā paktā par ekonomiskajām, sociālajām un kultūras tiesībām, Starptautiskās darba organizācijas 1948. gada Konvencijā par asociāciju brīvību un tiesību aizsardzību, apvienojoties organizācijās (C87) un 1949. gada Konvencijā par tiesībām uz apvienošanos organizācijās un kolektīvo līgumu slēgšanu (C98), kā arī Eiropas Cilvēktiesību konvencijā un Eiropas Sociālajā hartā. Vienlaikus starptautiskie dokumenti pieļauj ierobežojumu noteikšanu nacionālajā regulējumā attiecībā uz karavīru arodbiedrību brīvību. 2018. gadā Latvijas Brīvo arodbiedrību savienība savā grāmatā aktualizēja jautājumu par atsevišķos dienestos, tostarp militārajā dienestā, esošo personu tiesību ierobežojuma apvienoties arodbiedrībās atcelšanu [1, 75]. Raksta mērķis: analizējot starptautisko un nacionālo regulējumu attiecībā uz arodbiedrību dibināšanu militārajā dienestā, kā arī Latvijā pašreiz pastāvošo karavīru tiesību aizsardzības sistēmu, izdarīt secinājumus par karavīru arodbiedrības izveidošanas lietderību. Raksta sagatavošanā ir izmantota vēsturiskā, analītiskā, sistēmiskā un teleoloģiskā metode. The right to freedom of association is embodied in a number of international treaties, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Freedom of Association and Protection of the Right to Organise Convention (1948) No. 87, the Right to Organise and Collective Bargaining Convention (1949) No. 98, the European Convention on Human Rights and the European Social Charter. Simultaneously, the international treaties allow for a restriction on the freedom of military trade unions in the national regulation. In 2018, the issue of restriction of the right of soldiers to unite in trade unions was raised in Latvia in the book published by the Latvian Free Trade Union [1, 75]. The article examines the international and national regulation applicable to this issue, the current national system and procedures which are established for the protection of the rights of soldiers and concludes by expressing opinion about the need to establish a military trade union in Latvia. In the Author’s opinion, existing restriction on the establishment of a military trade union in the national regulation is compensated by the following rights: 1) the right to nominate a representative from among themselves to defend the interests of soldiers for the defense of their interests and settlement of household issues; 2) the right to be a member of associations and foundations of a non-political nature, as well as to establish military associations and foundations and to participate in other non-political activities, if such activity does not interfere with the performance of the duties of the service; 3) the right to lodge a service complaint within the framework of the National Armed Forces and to apply a complaint, as well as to receive a consultation from a structural unit which is independent of the National Armed Forces – the General Inspection of the Ministry of Defense; 4) the right to submit a complaint to a court, including a constitutional complaint to the Constitutional Court; 5) there is an effective mechanism for evaluating and controlling observance of law of disciplinary measures provided by both the General Inspection of the Ministry of Defense and the Appeal Commission of the Ministry of Defense; 6) the National Armed Forces are actively involved in the development of external and internal regulation. In addition, soldiers may make proposals to improve the content of the projects of external regulations within the framework of the public participation process, as well as by submitting proposals or suggestions to deputies. Although the application of strikes is considered to be an effective mean of leveling out the inequality of power between the employee and the employer, the prohibition of strikes among the military personnel is justified because the armed forces have the task of providing permanent and uninterrupted national defense. The existing restriction on military representatives to intervene in the performance of military service duties, as well as the lack of authorisation for military representatives to intervene in matters of military discipline, are reasonable restrictions, as such actions would reduce the effectiveness of the tasks of the armed forces. The Constitutional Court of Latvia also recognised that procedural manifestations of the exercise of freedom, such as the right to organise and participate in strikes and the possible influence of trade unions on the conduct of the service or participation in disciplinary liability issues, may have an impact on the State or public safety interests. Thus, the Author concludes that effective mechanisms have been established for the protection and representation of the interests of the soldiers. If the creation of a military trade union was allowed, it would duplicate the existing procedures on many issues. The imposition of restrictions on activities that could hinder or interfere in the issues of the discipline liability and in the performance of tasks of the armed forces will exclude effective means of influencing the employer. Therefore, the effectiveness of such unions would be debatable.

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