Critical Analysis of the Right to Establish Trade Unions in Indonesia

2012 ◽  
Author(s):  
Asri Wijayanti Wijayanti
Keyword(s):  
Trade Unions ◽  
Critical Analysis ◽  
The Right

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 The Phenomenon of Digital Labour Platforms

2020 ◽  
Vol 27 (4) ◽  
pp. 217-229
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Trade Unions ◽  
New Technologies ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
Almost All

In all EU Member States the status of people employed on job platforms is not fully legally regulated. It is necessary to consider the sources of the contemporary phenomenon of electronic employment, which is not amenable to legal regulation in the Union constituting an “area of freedom, security and justice with respect for fundamental rights” (Art. 67 (1) of the Treaty on the Functioning of the European Union). The right to work in decent conditions, with adequate remuneration, belongs to this category of rights. In the discussion on employment platforms state authorities are more inclined to consider issues related to new technologies, processes and changes caused by the development and application of modern digital technologies (digitization) in almost all areas. The headquarters of trade unions mainly discuss the legal position of employees and the role of employment platforms in employment relations in the post-industrial era. Entrepreneurs and their organizations, including private institutions and employment platforms, are interested in equal treatment by national legislators in local labour markets. They are afraid of the breach of the balance favorable to their own economic interests, caused by the public interest in the possibility of using employment in atypical forms of employment. Services consisting in employment provided under employment platforms are incomparably cheaper than identical work performed by employees employed under employment contracts.

A Critique of Legal Framework Facilitating Access to Government Information in Tanzania

2015 ◽  
pp. 1737-1762
Author(s):  
John Ubena
Keyword(s):  
Critical Analysis ◽  
Good Governance ◽  
Universal Access ◽  
Case Law ◽  
Legal Framework ◽  
Theory And Practice ◽  
Government Information ◽  
The Media ◽  
Right To Information ◽  
The Right

This chapter provides a critical analysis of the legal framework for access to information particularly information held by government in Tanzania. The analysis intends to establish whether the existing Right To Information (RTI) legal framework and ICT development in Tanzania facilitates universal and requisite access to government information. In order to do that, the chapter utilises a literature review to understand contemporary trends in both theory and practice. In addition, journal articles, books, reports, case law, and pieces of legislation focusing on RTI are visited to obtain deeper insights in the topic under scrutiny. The findings indicate that, despite Tanzania's efforts to embrace democracy virtues, good governance, and technology, the country lacks adequate legal framework to facilitate universal access to government information and ensure that the Right To Information (RTI) is observed in all the socio-economic contexts. To rectify this problem, there is need to enact the RTI law with clear focus of encouraging access to government information. Although two bills (the Media Service Bill [MSB] and the 2011 RTI) are currently being debated, it is not clear yet when they will become law and subsequently practiced.

Fundamental freedoms

2021 ◽  
pp. 191-262
Author(s):  
William A. Schabas
Keyword(s):  
Family Life ◽  
Trade Unions ◽  
Freedom Of Expression ◽  
Minority Rights ◽  
Political Rights ◽  
Political Democracy ◽  
Freedom Of Association ◽  
Fundamental Freedoms ◽  
Family Mobility ◽  
The Right

Fundamental freedoms is an allusion to Roosevelt’s ‘four freedoms’, although they now tend to be associated with those that fall under civil and political rights: freedom of expression, freedom of religion, freedom of peaceful assembly, and freedom of association. They have a degree of relativity, being subject to restrictions or limitations dictated by certain criteria including public morals and the rights of others. They have important links to political democracy, the rights of labour and trade unions, and minority rights. Other rights that may be labelled ‘fundamental freedoms’ are the right to private and family life, the right to marry and to found a family, mobility rights, nationality and the right to property.

Diversity Dissonance as an Implication of One School’s Relocation and Reintegration Initiative

2019 ◽  
Vol 56 (3) ◽  
pp. 499-529
Author(s):  
Deena Khalil ◽  
Elizabeth Brown
Keyword(s):  
Critical Race Theory ◽  
Critical Analysis ◽  
Critical Race ◽  
Race Theory ◽  
Parent Survey ◽  
Student Demographics ◽  
School Demographics ◽  
Hidden Patterns ◽  
The Right ◽  
Whiteness As Property

Purpose: This article describes one charter school’s ‘diversity’ initiative—a relocation to a racially and socioeconomically diverse site—intended to reintegrate minoritized students displaced by gentrification. Research Design: We employ Critical Race Quantitative Intersectionality to frame the descriptive analyses of student enrollment, city census, and parent survey data that narrates the resulting student demographics after a school’s relocation. Our goal in utilizing an anti-racist framework rooted in Critical Race Theory is to a) quantify the racist material impact of “race-neutral” reform through intersectional data mining, b) disrupt the notion of letting “numbers speak for themselves” without critical analysis, and c) taking a transdisciplinary perspective to reveal the hidden patterns of whiteness under the guise of diversity. Findings: Our findings highlight the limits of a school’s agency to implement ‘diversity’ policies aimed at reintegrating minoritized students displaced from opportunity. While the relocation racially diversified the student population, the policy failed to reintegrate the district’s historically minoritized population. This exclusion both limited who had the right to use and enjoy the school and reinforced the school’s status and reputation, thus cementing its whiteness as property. Implications: We conceptualize diversity dissonance as a framework that challenges the unary ahistorical criteria that describe current school demographics, and calls for leaders and policymakers to problematize how the construct of diversity is interpreted when considering minoritized students’ access to programs and schools. Diversity dissonance situates diversity from solely an inclusive rhetoric to an exclusionary one, where limited access reinforces status—mimicking rather than juxtaposing whiteness.

Turkish Industrial Relations at the Crossroads: Revisiting the History of Industrial Relations in the Early Post World War Two Period

2018 ◽  
Vol 93 ◽  
pp. 151-175 ◽  
Author(s):  
Didem Özkiziltan ◽  
Aziz Çelik
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
The State ◽  
Collective Actions ◽  
World War ◽  
Historical Evidence ◽  
Critical Juncture ◽  
History Of ◽  
Critical Account ◽  
The Right

AbstractThe 1961 constitutional reform in Turkey recognized the right to strike and granted other rights and freedoms related to the collective actions of labor. Conventional wisdom holds that Turkish trade unions became independent of the state power with class-based interests only after this reform. Across mainstream literature, this is considered, in historical institutionalist terms, as the first critical juncture in Turkey's industrial relations. This paper provides a critical account of the institutional continuity, development, and change that took place in Turkey's industrial relations starting from its establishment as a republic in 1923 until the end of the 1950s, by considering the socioeconomic and legal-political environment during these years. Considering the historical evidence employed, and under historical institutionalism, it is argued that the first critical juncture in the country's industrial relations occurred in 1947, when the ruling cliques permitted the establishment of trade unions. In this paper, it is purported that the consensus reached by the trade unions on the necessity of the right to strike from the mid-1950s onwards initiated a peaceful class struggle between Turkish labor and the state, which gradually steered the industrial relations toward the second critical juncture following the promulgation of the 1961 constitution.

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