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1
Marginson, Paul. "The changing nature of collective employment relations". Employee Relations 37, nr 6 (5.10.2015): 645–57. http://dx.doi.org/10.1108/er-03-2015-0049.
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Purpose – The purpose of this paper is to survey developments in four aspects of collective employment relations (ER) since the mid-1960s: collective representation and organisation; collective bargaining coverage and structure; the collective bargaining agenda; and joint consultation arrangements. It considers the reasons underlying change. Design/methodology/approach – A range of published sources are drawn on, including quantitative, survey based and qualitative, case-study and other evidence. Findings – The landscape of collective ER has changed markedly over the past half century. Membership of trade unions has fallen from around half of the workforce to one-quarter. Employers who mainly conducted collective bargaining through employers’ associations now negotiate, if at all, on a firm-by-firm basis. Collective bargaining coverage has sharply declined and now only extends to a minority of the private sector workforce. The bargaining agenda has been hollowed out. Joint consultation arrangements too are less widespread than they were around 1980. Originality/value – The paper contends that change has been driven by three underlying processes. “Marketization” of collective ER entailing a shift from an industrial or occupational to an enterprise frame of reference. The rise of “micro-corporatism”, reflecting increased emphasis on the common interests of collective actors within an enterprise frame. Finally, the voluntarism, underpinning Britain’s collective ER became more “asymmetric”, with employers’ preferences increasingly predominant.
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Wilczyński, Robert. "PROBLEMATYKA ZAWIERANIA UKŁADÓW ZBIOROWYCH PRACY W ZATRUDNIENIU TYMCZASOWYM". Zeszyty Prawnicze 16, nr 3 (10.12.2016): 221. http://dx.doi.org/10.21697/zp.2016.16.3.09.
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Collective Bargaining Agreements for Temporary Employment Summary The article presents the opinions current in the doctrine and jurisprudence concerning collective bargaining agreements in temporary employment. The differences in the construction of temporary and permanent employment relations make the situation in temporary employment worthy of a separate legal analysis. The issues discussed in this article are the potential for collective bargaining in temporary employment, the legal nature of collective agreements involving an employment agency, and the admissibility of differentiation in terms of subjective and objective legal relations regarding the conclusion of collective bargaining agreements.
3
Morris, Gillian S. "The Employment Relations Act 1999 and Collective Labour Standards". International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (1.03.2001): 63–78. http://dx.doi.org/10.54648/337850.
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The Employment Relations Act 1999 affected major changes to collective labour law in Britain: a procedure for the mandatory recognition of trade unions by employers; more extensive (albeit still limited) protection for employees against dismissal for taking part in industrial action; and greater protection for trade union members against discrimination by employers. However, much of the Conservative Government's legacy in this area remains untouched, including the legislation that governs whether industrial action is lawful and trade union governance. This article analyses the implication of the changes to collective labour law made by the Employment Relations Act and, equally important, indicates those areas which the Labour Government chose to leave intact, even where this means that UK labour law continues to fall short of international standards.
4
Jaspers, Teun, Błażej Mądrzycki i Łukasz Pisarczyk. "Collective Bargang in Technology-Based Employment". Białostockie Studia Prawnicze 29, nr 2 (22.05.2024): 39–52. http://dx.doi.org/10.15290/bsp.2024.29.02.04.
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Abstract New technology has profoundly influenced the world of work. The use of technology brings advantages for all – employers, workers and their representatives – but also some risks and hazards for working people. Despite technological development, workers still need effective protection that will ensure safety and sustainable development. The legal framework for this protection, both at European and national levels, is still under construction. An important role in filling the regulatory gap may be also played by collective bargaining. Moreover, modern technologies open up new possibilities for social partners to build their capacity and organize the process of negotiations. However, collective bargaining in the area of tech-based work remains in statu nascendi. This article analyses the need for and the advantages of collective protection in tech-based employment, its role in improving working standards and the influence of new technology on industrial relations.
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Moore, Sian, i Stephanie Tailby. "The changing face of employment relations: equality and diversity". Employee Relations 37, nr 6 (5.10.2015): 705–19. http://dx.doi.org/10.1108/er-06-2015-0115.
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Purpose – The purpose of this paper is to explore what has happened to the notion and reality of equal pay over the past 50 years, a period in which women have become the majority of trade union members in the UK. It does so in the context of record employment levels based upon women’s increased labour market participation albeit reflecting their continued over-representation in part-time employment, locating the narrowed but persistent overall gender pay gap in the broader picture of pay inequality in the UK. Design/methodology/approach – The paper considers voluntary and legal responses to inequality and the move away from voluntary solutions in the changed environment for unions. Following others it discusses the potential for collective bargaining to be harnessed to equality in work, a potential only partially realised by unions in a period in which their capacity to sustain collective bargaining was weakened. It looks at the introduction of a statutory route to collective bargaining in 2000, the National Minimum Wage from 1999 and at the Equality Act 2010 as legislative solutions to inequality and in terms of radical and liberal models of equality. Findings – The paper suggests that fuller employment based upon women’s increased labour market activity have not delivered an upward pressure on wages and has underpinned rather than closed pay gaps and social divisions. Legal measures have been limited in the extent to which they have secured equal pay and wider social equality, whilst state support for collective solutions to equality has waned. Its replacement by a statutory minimum wage initially closed pay gaps, but appears to have run out of steam as employers accommodate minimum hourly rates through the reorganisation of working time. Social implications – The paper suggests that statutory minima or even voluntary campaigns to lift hourly wage rates may cut across and even supersede wider existing collective bargaining agreements and as such they can reinforce the attack on collective bargaining structures, supporting arguments that this can reduce representation over pay, but also over a range of other issues at work (Ewing and Hendy, 2013), including equality. Originality/value – There are then limitations on a liberal model which is confined to promoting equality at an organisational level in a public sector subject to wider market forces. The fragmentation of bargaining and representation that has resulted will continue if the proposed dismantling of public services goes ahead and its impact upon equality is already suggested in the widening of the gender pay gap in the public sector in 2015.
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Zbucka-Gargas, Marta, i Cláudio Iannotti Da Rocha. "Atypical Employment Relations in Brazil After the Labor Reform". Acta Universitatis Lodziensis. Folia Iuridica 101 (29.12.2022): 297–307. http://dx.doi.org/10.18778/0208-6069.101.24.
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The purpose of this publication is to provide an overview of labor law changes in Brazil that have significantly affected fundamental employment principles. Laws 13.427/17 and 13,467/17, collectively known as the Labor Reform, introduced atypical forms of employment, heavily modifying individual and collective labor laws. In particular, the changes include: employment in the form of intermittent work, telework, outsourcing or hyper-sufficient workers. The labor law reform, which has been carried out, introduces a number of novelties into the Brazilian legal system and raises many questions and doubts. There are concerns about whether the regulation undermines the existing legal order and thus threatens the dignity of workers, their physical and mental health, as well as negatively affects the working environment.
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Seifert, Achim. "Employment Protection and Employment Promotion as Goals of Collective Bargaining in the Federal Republic of Germany". International Journal of Comparative Labour Law and Industrial Relations 15, Issue 4 (1.12.1999): 343–64. http://dx.doi.org/10.54648/256549.
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This article aims to analyze some recent changes in the German industrial relations system mainly characterized by the rise of employment protection and employment promotion as new goals of collective bargaining. During the era of full-employment collective bargaining was essentially an instrument to improve working conditions whereas, with regard to a constant mass-unemployment, it becomes ever more to be understood as an instrument to save threatened jobs and to create new jobs. The most important strategies of employment protection and of employment promotion recently developed by the actors of collective bargaining in Germany, such as various forms of working time 'flexibilization', shall be analyzed in the article.
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Izbienova, T. A., i A. B. Vayman. "Collective bargaining in the digital age in Germany". Voprosy trudovogo prava (Labor law issues), nr 4 (20.04.2023): 240–45. http://dx.doi.org/10.33920/pol-2-2304-08.
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The article examines the legal mechanisms for minimizing the effects of digitalization on staff employment using the experience of regulating collective bargaining relations in the Federal Republic of Germany as an example.
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Karper, Mark D. "Book Review: Labor-Management Relations: Collective Bargaining: The Evolving Process—Collective Negotiations in Public Employment". ILR Review 40, nr 1 (październik 1986): 131–32. http://dx.doi.org/10.1177/001979398604000114.
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Katz, Harry C. "Recent developments in U.S. collective bargaining and employment practices". Transfer: European Review of Labour and Research 7, nr 3 (sierpień 2001): 441–50. http://dx.doi.org/10.1177/102425890100700308.
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Diversity in employment relations is growing in the United States as a product of the growth in non-union employment and the existence of a variety of union and non-union employment practices. There is also wide variation in recent U.S. collective bargaining. In some firms heightened conflict appears, while in some others extensive partnerships have been forged. While some workers and firms are suffering as management takes advantage of the power advantages provided through non-union growth and globalization, in some other firms unions are using innovative bargaining or traditional strike leverage to make gains.
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Duraj, Tomasz. "Collective Rights of Persons Engaged in Gainful Employment Outside the Employment Relationship – en Outline of the Issue". Acta Universitatis Lodziensis. Folia Iuridica 95 (30.03.2021): 7–18. http://dx.doi.org/10.18778/0208-6069.95.01.
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The main objective of the following study is to introduce readers to the issue of the 2nd National Scientific Conference in the series “Atypical Employment Relations” organized on 3 October 2019 by the Centre for Atypical Employment Relations of the University of Lodz. The consequence of extending the right of coalition to persons performing paid work outside the employment relationship was that they were guaranteed important collective rights, which until 1 January 2019 were reserved primarily for employees. The rights which Polish legislator ensured to non-employees include the right to equal treatment in employment due to membership in a trade union or performing trade union functions; the right to bargain with a view to the conclusion of collective agreement and other collective agreements; the right to bargain to resolve collective disputes and the right to organize strikes and other forms of protest, as well as the right to protect union activists. The author positively assesses the extension of collective rights to people engaged in gainful employment outside the employment relationship, noting a number of flaws and shortcomings of the analyzed norms. The manner of regulating this matter, through the mechanism of referring to the relevant provisions regulating the situation of employees, the statutory equalization of the scope of collective rights of non-employees with the situation of employees, the lack of criteria differentiating these rights, as well as the adopted model of trade union representation based on company trade unions, not taking into account the specific situation of people working for profit outside the employment relationship, are the reasons why the amendment to the trade union law is seen critically and requires further changes.
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Moner, Ramon Alos. "Employment regulation in collective bargaining in Spain". Transfer: European Review of Labour and Research 7, nr 4 (listopad 2001): 674–81. http://dx.doi.org/10.1177/102425890100700410.
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Concern surrounding employment issues such as job creation, job security and job quality has led to these issues being included in the collective bargaining process in Spain. Nevertheless, there are a number of matters which should receive greater attention from the social partners in future. Of particular importance is the need to co-ordinate collective bargaining in order to make it more flexible, i.e. more adaptable, whilst at the same time providing a stable framework in order to avoid the problems associated with the fragmentation of employment conditions. This article looks at the evolution of collective bargaining on employment issues since the end of the 1970s, as well as the social partners’ main bargaining demands with regard to these issues, and their most prominent characteristics.
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Rönnmar, Mia. "Swedish Employment Protection in Times of Flexicurity Policies and Economic Crisis". International Journal of Comparative Labour Law and Industrial Relations 28, Issue 4 (21.01.2012): 443–67. http://dx.doi.org/10.54648/ijcl2012024.
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In the wake of increasing globalization and economic and financial crisis, the balance between flexibility and security - flexicurity - is central to European employment policies and the modernization of EU labour law in the different Member States of the EU. Common principles of flexibility have been adopted, and different pathways to flexicurity have been outlined. The aim of this paper is to critically analyse developments in Swedish employment protection regulation, with a special focus on dismissals for reasons of redundancy, in light of the EU flexicurity discourse. The notions of employability and equal treatment come to the fore. Central research questions involve the design and content of employment protection regulation and employment protection and employability within collective bargaining and the industrial relations system. Attention is paid to recent changes and developments in legislation, case law and collective bargaining, and to whether employment protection is being deregulated. The paper integrates labour law and industrial relations approaches, and encompasses analyses of legal materials at different levels, as well as industrial relations aspects.
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Ntimba, David Isaac, Karel Frederick Lessing i Ilze Swarts. "Labour regulation in the public sector: Employment relationship, employment relations satisfaction and psychological contract". Journal of Governance and Regulation 10, nr 3 (2021): 54–71. http://dx.doi.org/10.22495/jgrv10i3art5.
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This paper aims to report on the outcome of the study that investigated the cause of the ongoing antagonistic employment relationship (ER) in the South African public sector workplace, which has negatively affected employment relations satisfaction (ERS) and psychological contract (PC) fulfilment. This antagonism between management and employees has lowered the levels of employer-employee trust (Sudiarta, 2021), as well as job satisfaction (Silitonga et al., 2020) in the workplace. This study, therefore, explored the type of ER, levels of ERS, and state of PC that is prevalent in the workplace to recommend solutions for the situation. A quantitative research approach was adopted for the study because of its appropriateness for the study’s objectives. Data collection was done by means of a structured questionnaire. The results revealed a prevalence of positive ER in the workplace, a higher level of ERS among employees, a negative state of PC, and a positive inter-relationship among the three variables. This led to the conclusion that although the three variables are positively interrelated, the PC influences both ER and ERS negatively in the workplace. This study contributes to knowledge and literature on ER, ERS and PC pertaining to their nature, interrelationship and collective effect in the workplace.
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Grahadi Purna Putra. "Peran Konsiliator Dalam Penyelesaian Perselisihan Pemutusan Hubungan Kerja". Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik 1, nr 1 (31.01.2024): 11–22. http://dx.doi.org/10.62383/demokrasi.v1i1.44.
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This research aims to find out how to resolve employment termination disputes through industrial relations conciliation by a conciliator. The method used in this research is normative legal research, which is legal research carried out by examining library materials or secondary data. Based on the research results, it was concluded that due to the failure of bipartite negotiations by the parties in dispute regarding the termination of employment relations, the parties could choose a settlement through conciliation or arbitration. If the dispute between the parties is regarding termination of employment relations, then the choice is settlement through conciliation carried out by a conciliator, because settlement through arbitration can only resolve disputes of interest, and disputes between workers/labor unions only within one company. When an agreement is reached to resolve a dispute over termination of employment through conciliation, a joint agreement is made which is signed by the parties witnessed by the conciliator and registered at the Industrial Relations Court at the District Court in the jurisdiction of the parties entering into the collective agreement to obtain a certificate of registration, but if If no agreement is reached on resolving the employment termination dispute through conciliation, the conciliator issues a written recommendation and if the parties agree to the written recommendation the conciliator assists the parties in making a collective agreement to then be registered at the Industrial Relations Court
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Armingeon, Klaus. "Towards a European System of Labor Relations?" Journal of Public Policy 11, nr 4 (październik 1991): 399–413. http://dx.doi.org/10.1017/s0143814x00006334.
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ABSTRACTAre the systems of collective labor relations in member countries of the European Communities converging towards a common European system of industrial relations? In this paper the hypothesis is put forward that the national systems have not been converging in the past and probably will not do so in the immediate future. The analysis is based on changes in procedural rules of collective labor relations and on data on labor unions, strikes, wage structure, and government employment.
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Yemisi, Ige Adejoke. "Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature". International Journal of Business and Management 12, nr 8 (18.07.2017): 261. http://dx.doi.org/10.5539/ijbm.v12n8p261.
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The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and conciliator) and highlights the procedures inherent in the dispute resolution mechanism hence, revealing how the weakness of state machinery tends to frustrate the process of conciliation in practice. Additionally, this study offers a reflection of what previous studies have presented, concerning the perceptions of users about the outcomes of collective conciliation within the Nigerian context.
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Markey, Raymond, i Joseph McIvor. "Environmental bargaining in Australia". Journal of Industrial Relations 61, nr 1 (16.01.2019): 79–104. http://dx.doi.org/10.1177/0022185618814056.
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An emerging body of research addresses the link between environmental issues, especially climate change, and employment relations. In this article, we examine the ways in which employment relations actors are addressing climate change, particularly focusing on collective bargaining. We begin by surveying the literature linking climate change and employment relations, especially analysing union strategies in this sphere, and develop a conceptual framework linking these threads. We then examine the incidence and content of collective enterprise bargaining over environmental issues in Australia for 2011–2016, applying and adapting Goods' concepts of embedded institutional and voluntary multilateral approaches. The former inserts environmental commitments into formal collective agreements; the latter involves unions and workers more directly in developing emissions-reduction activities in the workplace. We address the potential links between these and the different actors (unions or management) that drive them. We find that environmental clauses in Australian agreements are rare, and that they are as likely to be driven by management as by unions. The institutional, organisational, and particularly the regulatory environment seem responsible. However, exceptions – notably in universities – provide exemplars for substantial, class-based union agency. We also find that collective bargaining may facilitate more ongoing, strategic initiatives of the voluntary multilateral type.
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Lansbury, Russell D. "Work and Industrial Relations". Research note 64, nr 2 (9.09.2009): 326–39. http://dx.doi.org/10.7202/037924ar.
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The relevance and continuing existence of industrial relations, as a field of academic study, is facing a number of challenges, particularly in English-speaking countries, as union membership declines, collective bargaining coverage shrinks and the number of strikes wanes each year. Yet issues of employment and workplace relations remain significant to economic prosperity and social harmony, particularly with the changing nature of work and of employment contracts. Furthermore, there are a number of other means by which employee voice is heard, through the agency of non-government organizations, community groups and various consultative bodies. In order to reinforce its relevance, industrial relations needs to include new actors, cover a wider range of issues and adopt a multi-level approach which incorporates both local and global dimensions.
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Korpič-Horvat, Etelka, Bojan Tičar i Rado Bohinc. "The Salary System in the Private Sector in the Republic Slovenia". Organizacija 42, nr 4 (1.07.2009): 144–52. http://dx.doi.org/10.2478/v10051-009-0012-3.
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The Salary System in the Private Sector in the Republic SloveniaIn the article the authors discuss the salary system in the private sector in the Republic of Slovenia. They present relevant legislation dealing with remuneration, in particular the Employment Relations Act, which regulates individual employment relations and in a separate chapter regulates remuneration. Remuneration includes a salary and other additional payments. The authors treat all the components of a salary, i.e. the basic salary, extra payments, the part of the salary based on job performance, and the payment for positive business performance. Other additional payments are payments in kind or in money, in securities, or profit-related pay, i.e. the participation of employees in profit sharing. The authors also treat other income of employees laid down in the Employment Relations Act and collective agreements as well as the reimbursement of expenses related to work. The authors also focus on the obligatory content of an employment contract with reference to remuneration. Finally, they address open issues regarding types of other additional payments and possible solutions for determining individual remuneration instruments in collective agreements and in employment contracts.
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Block, Richard N. "Collective bargaining, competitiveness and employment in the United States". Transfer: European Review of Labour and Research 7, nr 4 (listopad 2001): 697–715. http://dx.doi.org/10.1177/102425890100700412.
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This paper discusses collective bargaining in the United States over matters of job security, employment creation, and firm competitiveness. It first points out that US policy on economic issues is oriented toward facilitating the operation of markets; therefore, there is almost no public policy toward job security, employment creation, and competitiveness on which collective bargaining can build. Within the collective bargaining system, government policy merely enables unions and employers bargain over job security, employment creation, and firm competitiveness; it neither requires it nor even encourages it. Incidence of such use of collective bargaining thus varies by industry, with occasional use for competitiveness, but rare use for job creation. An exception is the automobile assembly industry, which is highlighted.
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Ghellab, Youcef, i Peggy Kelly. "Employment and competitiveness as challenges for collective bargaining: a global perspective". Transfer: European Review of Labour and Research 7, nr 4 (listopad 2001): 716–31. http://dx.doi.org/10.1177/102425890100700413.
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This article explores the changing focus of collective bargaining within the context of the global drive for competition. The first section describes how the main items on the agenda for collective bargaining have shifted from income distribution to means of promoting and protecting employment and competitiveness, and explains how mass unemployment and precarious employment have pushed employment security to the top of the collective bargaining agenda. Technological change, the increasing globalisation of the economy, the formation of regional economic groupings, and the intensification of competition between firms in the product market have all contributed to the pressure on collective bargaining institutions to improve competitiveness. The second section examines innovative approaches to dealing with the issues of employment protection, creation and competitiveness by highlighting the collective bargaining experiences of a number of countries outside of the European Union.
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Goergen, Marc, Chris Brewster i Geoffrey Wood. "Corporate Governance Regimes and Employment Relations in Europe". Articles 64, nr 4 (14.01.2010): 620–40. http://dx.doi.org/10.7202/038876ar.
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Summary An influential strand of the finance literature focuses on the nature and extent of shareholder rights vis-à-vis employees. Most of the extant literature on the subject relies on a limited number of case studies and/or broad macroeconomic data, whereas this article draws on evidence from a large scale survey of organizations to test the predictions of the theories on the relative strength of workers and managers across the different governance regimes. This evidence highlights the complex relationship between societal institutions, legal traditions, political parties and electoral systems, on corporate governance regimes and the relative strength of unions and collective representation at workplace level, highlighting the limitations of the mainstream finance and economics rational-incentive based literature, and the value of alternative socio-economic approaches.
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Godino, Alejandro, i Oscar Molina. "The industrial relations chameleon: collective bargaining in the facility management business". Employee Relations: The International Journal 44, nr 7 (16.12.2021): 1–18. http://dx.doi.org/10.1108/er-12-2020-0526.
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PurposeThe paper aims to analyze collective bargaining in the facility management business of these six countries to explore similarities and differences between them. The analysis serves to test the differential impact of the national institutional setting on the protection provided by collective agreements to facility management workers.Design/methodology/approachThe paper adopts a case study methodology to approach a facility management multinational company providing services in six European countries (France, Italy, The Netherlands, Poland, Spain and the UK) that represent different industrial relations systems with variance in key dimensions of collective bargaining, including its structure, coverage and extension of agreements.FindingsThe extension of the facility management business model has not always adopted a high-road strategy aimed at enhancing the quality and efficiency through the integrated management and delivery of services, which is expected to positively impact employment conditions. Rather, it has, in many cases, been a deliberate, low-road attempt to undercut working standards, taking advantage of the multiple services provided by the company in a context of growing de-centralization in collective bargaining. The results point to an important role of industrial relations institutions in shaping facility management strategies and outcomes.Originality/valueSimilar to other forms of outsourcing, facility management leads to fragmented employment relations. However, the concentration of outsourced workers under the same supplier organization introduces opportunities to ensure the protection of workers, depending on the adoption of a high- or low-road competitive strategy. This paper provides for the first time comparative evidence about industrial relations in facility management businesses, a largely under-researched area.
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Shatsari, Rabiu Sani, i Kamal Halili Hassan. "The Right to Collective Bargaining in Malaysia in the Context of ILO Standards". Asian Journal of Comparative Law 1 (2006): 1–20. http://dx.doi.org/10.1017/s219460780000079x.
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Collective bargaining is the best mechanism to attain a cordial relationship between employers and employees. It is also an effective forum to agree on terms and conditions of employment. In order to achieve such purposes, industrial relations systems in a country must provide legal mechanism to enable parties to bargain collectively with a view to concluding a collective agreement. The ILO has adopted a convention providing a framework for member states to enact laws that would facilitate such a mechanism. In this respect, Malaysia has enacted the Industrial Relations Act 1967, which provides among others a mechanism for collective bargaining. In this article we argue on the extent of the right of Malaysian workers to collective bargaining in the context of the ILO standards. Here we argue that despite the legal mechanism available that facilitates collective bargaining between the two parties, Malaysian workers and their trade unions face some difficulties in bargaining with their employers.
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Masso, Märt, Deborah Foster, Liina Osila, Balázs Bábel, Jan Czarzasty, Ambrus Kiss, Małgorzata Koziarek i Dominik Owczarek. "The influence of collective employment relations on work accommodation: case studies in Estonia, Hungary and Poland". Transfer: European Review of Labour and Research 25, nr 4 (3.03.2019): 451–64. http://dx.doi.org/10.1177/1024258919828597.
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Work accommodations are generally understood to refer to individual solutions for older and disabled employees that have been tailored to their specific situation within a workplace. This article, however, argues that there is potential for collective employment relations to motivate and enable social partners to develop a role in implementing reasonable accommodations and supporting older and disabled employees in the labour market. Focusing on industrial relations and work accommodation systems in Estonia, Poland and Hungary, the potential role that social partners could play in creating more inclusive workplaces is explored. This is done by reference to the findings from an action research project that brought together social partners to discuss ways in which practices in providing work accommodations could help better to integrate underutilised sources of labour in these three countries. The industrial relations regimes in the three countries have potentially enabling characteristics that could facilitate work accommodations. Current knowledge of the work accommodation process and the integration of this issue into the collective employment relations agenda, however, needs further improvement.
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Wen, Xiaoyi. "Employer-initiated collective bargaining: a case study of the Chinese sweater industry". Employee Relations 38, nr 2 (8.02.2016): 267–85. http://dx.doi.org/10.1108/er-05-2013-0055.
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Purpose – Collective bargaining (CB) in China is perceived as inadequate, thanks to the lack of trade union independence and representation. However, CB of the sweater industry in Wenling, one of the world’s largest manufacturing centre, shows another tendency. Using Wenling as the case, the purpose of this paper is to explore whether a new form of CB is emerging in China. Design/methodology/approach – This paper uses a qualitative case study approach, and covers stakeholders, including the government, trade union, sweater association, workers and employers. Findings – In China, trade unions are constrained by corporatism and therefore cannot become the effective agents of CB. However, the increased industrial conflicts could in effect push employers to become the engine of change. This paper finds that employers endeavour to use CB as a tool to stabilise employment relations and neutralise workers resistance. Consequently, a gradual transition in labour relations system is on the way, characterised by “disorderly resistance” to “orderly compliance” in the working class. Research limitations/implications – The case industry may not be sufficient in drawing the details of CB in China, while it provides the trend of change. Originality/value – Conventional wisdom on the Chinese labour relations and CB tends to ignore the employer’s perspective. This paper partially fills in the gap by offering CB and change of employment relations from the aspect of employers.
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Zagelmeyer, Stefan. "Getting in gear for global competition: pacts on employment and competitiveness in the EU automobile industry". Transfer: European Review of Labour and Research 7, nr 4 (listopad 2001): 650–56. http://dx.doi.org/10.1177/102425890100700408.
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During the 1990s, company or plant-level collective agreements on employment and competitiveness were forged at most car producers in the European Union. These pacts aim at maintaining or creating jobs and at improving the competitiveness of the plant or company in intra-conglomerate as well as inter-company competition. This paper analyses these employment pacts and discusses their implications for labour relations. It concludes that these pacts should not just be seen as examples of concession bargaining, but rather as emerging forms of cooperative labour relations, focusing on adjusting the governance of the employment relationship to the imperatives of joint competitive success.
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Gooberman, Leon, Marco Hauptmeier i Edmund Heery. "The decline of Employers’ Associations in the UK, 1976–2014". Journal of Industrial Relations 61, nr 1 (16.04.2018): 11–32. http://dx.doi.org/10.1177/0022185617750418.
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This article examines the collective, member-based employers’ associations in the UK that regulate the employment relationship by participating in collective bargaining. The main empirical contribution is to provide, for the first time, a longitudinal dataset of employers’ associations in the UK. We use archival data from the UK Government’s Certification Office to build a new dataset, identifying a decline of 81% in the number of employers’ associations between 1976 and 2013–2014. We also find that political agency and reducing levels of collective bargaining undermined employers’ associations by reducing employers’ incentives to associate, although changes within the UK’s system of employment relations enabled other types of collective employer organisation to survive.
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Harbridge, Raymond, i James Moulder. "Collective Bargaining and New Zealand's Employment Contracts Act: One Year On". Journal of Industrial Relations 35, nr 1 (marzec 1993): 62–83. http://dx.doi.org/10.1177/002218569303500104.
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Thefirst year of bargaining under New Zealand's Employment Contracts Act brought some very significant changes to the nature and structure of bargaining outcomes. This paper reports a major study of collective bargaining outcomes. Collective bargaining is the preferred option for 80 per cent of employers with fifty or more staff; however, the number of workers covered by collective bargains in New Zealand dropped from 721 000 in 1989-90 to an estimated 440 000 by 1991-92. The collapse of collective bargaining did not occur evenly across industries. Significant collapses happened in agriculture, food and beverage manufacturing, the textile and clothing industry, the paper and printing industry, building and construction, retailing, restaurants and hotels and the transport industry. Collective bargaining retains a strong foothold in the electricity and gas production sector, the public sector, the finance sector, the communication industry and the basic and advanced metal manufacturing sectors. A content analysis of 471 collective employment contracts (covering nearly 130 000 workers) settled in the first year of the new legislation is reported here. The data show a wide dispersion of wage settlements as the comparative wage justice system collapses; about half of the workers in the sample, however, received either a wage decrease or no increase over the preceding settlement. Important changes to working time arrangements have been negotiated and these are reported along with other content changes to working time and leave arrangements.
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Cherneha, V. "Legal Regulation of International Employment Relations in the Republic of Latvia, Republic of Lithuania, and Ukraine". Analytical and Comparative Jurisprudence, nr 2 (23.06.2023): 187–92. http://dx.doi.org/10.24144/2788-6018.2023.02.31.
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The article focuses on the analytical and comparative aspect of legal regulation of international relations in the Republic of Latvia, Republic of Lithuania, and Ukraine. Law of the Republic of Latvia, the Republic of Lithuania, and Ukraine applied to employment relations complicated by a foreign element is authentic. This authenticity means that first, each of the states has its own source of legal regulation of these private law relations with a foreign element different by titles and/or type of legal acts (the Labour Law in the Republic of Latvia, the Labour Law in the Republic of Lithuania, Law of Ukraine "On Private International Law"). Second, the conflict of laws provisions are different in the Republic of Latvia, the Republic of Lithuania, and Ukraine. The study presents the article-by-article digest of the Labour Law in the Republic of Latvia, the Labour Law in the Republic of Lithuania, Law of Ukraine "On Private International Law" meant for legal regulation of international employment relations. Thus, the Latvian legislators assign certain obligations to employers when it comes to seconding employees to work in the Republic of Latvia and abroad.
The Lithuanian legislators set: first, the rules to be applied to the employment relations with seconded employees; second, the specifics of regulation of employment relations in diplomatic missions and consular institutions of the Republic of Lithuania; third, the authentic approach to regulation of employment relations when it comes to water, air, and automotive vehicles; fourth, the rules to be applied to individual employment relations; fifth, the rules to be applied to collective employment relations.
The Ukrainian legislators point to, first, the authentic nature of legal regulation of employment relations with the Ukrainian nationals working abroad; second, the specificity of legal regulation of employment relations with foreigners and stateless persons working in Ukraine.
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Uzualu, James, Nat Ofo i C. E. Ochem. "A Critical Review of Collective Bargaining Indices of Industrial Relations in Nigeria". NIU Journal of Humanities 9, nr 1 (31.03.2024): 248–61. http://dx.doi.org/10.58709/niujhu.v9i1.1858.
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Collective Bargaining is a process in labour relations whereby negotiation between employers and employees center on terms and conditions of service in an employment. This paper employs the use of an hybrid method of study to examines how Collective Bargaining has helped in no small measures in absence of industrial democracy structure being the only form and indices which exist in our labour law structure. Further examine the concept of collective bargaining, it practice in Nigeria, its benefits and how it has created an indices for democratic governance in our labour relation as in most legal research, the paper adopted both doctrinal and non-doctrinal (203 questionnaire were distributed) method of legal research, it was contended that the paper concluded that collective bargaining should be an indices of industrial democracy in Nigeria labour relations, the paper concludes that the practice of industrial democracy will strengthened in the work place and its recommended that a separate legal frame work should be put in place amongst other things to ensure the practice of industrial democracy in Nigeria. Keywords: Collective Bargaining, Industrial Relations, Indices of Industrial Relations, Industrial Democracy, Labour Relations
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Tackney, Charles Thomas, i Imran Shah. "Authenticity/ الصحة as a criterion variable for Islam and Roman Catholic theology of the workplace analysis". Management Research Review 40, nr 8 (21.08.2017): 907–32. http://dx.doi.org/10.1108/mrr-05-2016-0113.
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Purpose Authenticity/ الصحة (as-sehah) serves as a criterion or predictor variable for the purpose of a comparative theological investigation of employment relations parameters in light of social teachings from Sunni Islam and Roman Catholicism. Authenticity finds initial, shared significance in both religious traditions because of its critically important role in judgments concerning the legitimacy of source documents. It also stands in both traditions as an inspirational goal for human life. Design/methodology/approach Particular issues of theological method for cross-cultural analysis are addressed by the use of insight-based critical realism as a transcultural foundation. Workplace parameters, the minimal enabling conditions for the possibility of authentic employment relations, are then identified and compared. The authors explore shared expectations for authenticity enabling conditions in terms of the direct and indirect employer: those national laws, systems and traditions that condition the functional range of authenticity that can be actualized within national or other work settings as experienced in the direct employment contract. Findings The study found remarkable consistency in the minimal conditions identified by Roman Catholic and Sunni Islam social teachings for the prospects of authenticity in employment relations. These conditions addressed seven parameters: work and the concept of labor; private property; the nature of the employment contract; unions and collective bargaining; the treatment of wages; the relationship between managerial prerogative and employee participation; and the crucial role of the state as indirect employer. Practical implications Specific minimal or threshold conditions of employment are described to ensure the prospect for authenticity in modern employment relations according to religious traditions. These include just cause employment conditions, unions and collective bargaining support, some form of management consultation/Shura, a living wage and a consultative exercise of managerial prerogative. Social implications The study offers prescriptive and analytical aid to ensure assessment of circumstances fostering authenticity in employment relations. Originality/value The method and findings are a first effort to clarify thought and aid mutual understanding for inter-faith employment circumstances based on Roman Catholic and Sunni Islam social teachings through a transcultural foundation in cognitional operations. The criterion variable specification of authenticity conditions offers a fully developed basis to support further empirical research in management spirituality, corporate social responsibility and enterprise sustainability.
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Cunningham, W. B. "Public Employment, Collective Bargaining and the Conventional Wisdom : Canada and U.S.A." Relations industrielles 21, nr 3 (12.04.2005): 406–35. http://dx.doi.org/10.7202/027700ar.
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The author states that the conventional wisdom has viewed collective bargaining in the public service as unnecessary, impractical and illegal. And he adds that, in general, and until recently, the prevailing practices in the United States and Canada have been in close harmony with the conventional wisdom. But the restless change of events threatens the existing state of affairs, described by the conventional wisdom, with progressive obsolescence. And the author answers the two following questions: Can the industrial relations system of the private sector be applied to public employment? To what extent does the nature of government employment raise unique problems? The enemy of the conventional wisdom is not ideas but the march of events. J.K. GALBRAITH, « The Affluent Society »
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Ackerman, Mario E. "Labour Reform in Argentina: A Double Course of Action Change". International Journal of Comparative Labour Law and Industrial Relations 17, Issue 1 (1.03.2001): 47–62. http://dx.doi.org/10.54648/337849.
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The recent legislative reform made in Argentina intends to promote stable employment and collective contracts. In the latter issue it aims not only to overcome the present virtual bargaining paralysis, but also to break with the traditional model characterized by intense centralization. In these terms, it deals with an ambitious and double novelty. The policy of temporary employment promotion encouraged in the 90's is abandoned in individual contracts, but the challenge in the collective field even greater, because one of the typical issues of the Argentine system of labour relations is being questioned.
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Bray, Mark, Johanna Macneil i Leslee Spiess. "Unions and collective bargaining in Australia in 2018". Journal of Industrial Relations 61, nr 3 (1.05.2019): 357–81. http://dx.doi.org/10.1177/0022185619834320.
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There is a storm brewing over the roles of unions and collective bargaining in Australian employment relations. Unions, frustrated with what they see as practical and legislative restrictions on protection of workers’ rights, seek to ‘change the rules’. Employers, on the other hand, have been successful in restricting or rolling back bargaining rights, supported by their associations, the Coalition government and an assertive interpretation of the Fair Work Act. Add to this the impending federal election and the scene is set for a tempest that could bring industrial relations back to the centre of Australian politics in 2019. The review explores the various elements contributing to the coming storm, including trends in union membership, structure and strategy. It also surveys trends in the number and coverage of collective agreements, wage outcomes and industrial disputes. Two idiosyncractically Australian versions of collective agreement making are also discussed: cooperative bargaining facilitated by the Fair Work Commission and non-union collective agreement making.
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Chang, Chyi-herng, i Trevor Bain. "Employment Relations Across the Taiwan Strait: Globalization and State Corporatism". Journal of Industrial Relations 48, nr 1 (luty 2006): 99–115. http://dx.doi.org/10.1177/0022185606059316.
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After the 1980s, the governments of China and Taiwan, across the Taiwan Strait, promoted reform, a more transparent policy, and democratization, in order to compete in a globalizing world. In the 1980s, China had begun to emphasize economic reform and Taiwan had begun to emphasize political reform. Both ignored reform on the social dimension. Employment relations were subordinated to the priorities of economic and political reform. In the 1990s, Taiwan’s democratic transformation created a pluralistic society and gave the trade unions room to take root. However, free collective bargaining has not been realized due to the marginalizing of both employer organizations and trade unions. In China, the state decentralized the business sector, allowing unilateral employer activities in employment relations. Statutory rules were enacted after the 1994 labor law. This article compares the changes that have taken place in the industrial relations systems in Taiwan and China, and assesses the roles of the two governments in the employment relations area as each responded to globalization.
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Mihes, Cristina. "A GLIMPSE INTO THE PRESENT AND FUTURE OF LABOUR LAW AND INDUSTRIAL RELATIONS IN CENTRAL AND EASTERN EUROPE". Polityka Społeczna 551, nr 2 (29.02.2020): 21–28. http://dx.doi.org/10.5604/01.3001.0013.9496.
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This paper seeks to take a look at recent labour law reforms in a number of selected CEE countries, and to examine the manner, in which the equation of standard employment relationship and the dynamics of collective bargaining processes have changed. The 1st section discusses the policy goals as well as drivers of legal changes, which have aff ected and guided recent labour law reforms in the sub-region. External infl uences over shaping of the new policy visions and recovery policies are also examined here. The 2nd section examines recent trends in regulating standard and non-standard employment relationship, as well as the collective agreements as determinants of working conditions and terms of employment. It also analyses the new approaches in the implementation of the guiding principles of collective bargaining, including the autonomy of the parties, and the principle of favourability. Furthermore, the 3rd section seeks to explore what the future looks like by traveling the paths opened by the works of the ILO Global Commission on the Future of Work, with a special focus on the Universal Labour Guarantee. Finally, a number of conclusions are drawn on the basis of the analysed data and policies.
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Sen Gupta, Anil K., i P. K. Sett. "Industrial relations law, employment security and collective bargaining in India: myths, realities and hopes". Industrial Relations Journal 31, nr 2 (czerwiec 2000): 144–53. http://dx.doi.org/10.1111/1468-2338.00153.
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Freyssinet, Jacques, i Hartmut Seifert. "Pacts for employment and competitiveness in Europe". Transfer: European Review of Labour and Research 7, nr 4 (listopad 2001): 616–28. http://dx.doi.org/10.1177/102425890100700405.
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This article analyses collectively agreed PECs in 11 EU countries, focusing on their importance for employment and collective bargaining policy. It is shown that, irrespective of differences in emphasis, the agreements reached generally constitute a productive alternative to the prevailing strategy of responding to declining demand primarily by shedding labour. PECs, by contrast, do not rely mainly on short-term cost-cutting, but rather seek to raise both productivity and flexibility by means of comprehensive restructuring measures within the company. The focus is on improving internal flexibility; indeed external flexibility is often reduced by way of job guarantees. An important role is also played by steps to redistribute work via working time reductions.
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McDonnell, Anthony, Brendan Boyle, Timothy Bartram, Pauline Stanton i John Burgess. "Similarity or Variation? Employee Representation and Consultation Approaches amongst Liberal Market Economy Multinationals". Articles 70, nr 4 (28.01.2016): 645–70. http://dx.doi.org/10.7202/1034898ar.
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This paper engages with the varieties of capitalism literature to investigate the employee representation and consultation approaches of liberal market economy multinational companies (MNCs), specifically Australian, British and US MNCs operating in Australia. While the literature would suggest commonality amongst these MNCs, the paper considers whether the evidence points to similarity or variation amongst liberal market headquartered MNCs. The findings contribute to filling a recognized empirical gap on MNC employment relations practice in Australia and to a better understanding of within category varieties of capitalism similarity and variation. Drawing on survey data from MNCs operating in Australia, the results demonstrated that UK-owned MNCs were the least likely to report collective structures of employee representation. Moreover, it was found that Australian MNCs were the most likely to engage in collective forms of employee representation and made less use of direct consultative mechanisms relative to their British and US counterparts. In spite of the concerted individualization of the employment relations domain over previous decades, Australian MNCs appear to have upheld more long-standing national institutional arrangements with respect to engaging with employees on a collective basis. This varies from British and US MNC approaches which denotes that our results display within category deviation in the variety of capitalism liberal market economy typology. Just as Hall and Soskice described their seminal work on liberal market economy (LME) and coordinated market economy (CME) categories as a “work-in-progress” (2001: 2), we too suggest that Australia’s evolution in the LME category, and more specifically its industrial relations system development, and the consequences for employment relations practices of its domestic MNCs, may be a work-in-progress.
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Zwinger, Verena, i Elisabeth Brameshuber. "Collectively Agreed (Minimum) Labour Conditions as Protection Boosters". International Journal of Comparative Labour Law and Industrial Relations 34, Issue 1 (1.03.2018): 77–110. http://dx.doi.org/10.54648/ijcl2018004.
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The steady fall in unionization rates has led to the evident weakening of collective bargaining powers, resulting in a decline in collective bargaining coverage in many Member States of the European Union (EU) in recent years. In Germany, one of the responses of the legislator to this development was the introduction of a statutory national minimum wage. However, there are still national systems, such as Austria and the Scandinavian countries, where collective bargaining plays a major role in setting employment standards. The first two parts of this article examine the different standard-setting mechanisms in place, taking a closer look at minimum wage legislation and collectively bargained wages in particular. The article also considers the fact that non-standard employment relationships, in particular in the so-called gig economy, seem to fall between two stools: in the majority of EU Member States non-standard workers fall under the scope neither of statutory minimum standards, nor of collective bargaining agreements. This article argues that collective bargaining could be a key factor in efforts to ensure fair and just working conditions, while protecting non-standard workers from other risks historically covered by social security.
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Okpaluba, Chuks. "Labour adjudication in Swaziland: the exclusive jurisdiction of the Industrial Court". Journal of African Law 43, nr 2 (1999): 184–200. http://dx.doi.org/10.1017/s0021855300011335.
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When the Industrial Relations Act was enacted in Swaziland in 1980 its express object was to provide for the collective negotiation of terms and conditions of employment and for the establishment of an Industrial Court for the settlement of disputes arising out of employment. In turn, the avowed purpose for the establishment of the Industrial Court as the nerve centre and most important institution established by the legislative scheme was, and still is, “for the furtherance, securing and maintenance of good industrial relations and employment conditions in Swaziland”. As in the case of other industrial courts and labour adjudicatory institutions with special and limited jurisdiction elsewhere, issues surrounding the jurisdiction of the Industrial Court of Swaziland have given rise to a measure of controversy.
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Slivinska, Nataliia. "THE ACTUAL PROBLEMS OF THE FUNCTIONING OF SOCIAL-LABOR RELATIONS IN THE REGION". Regional’ni aspekti rozvitku produktivnih sil Ukraїni, nr 22 (2017): 143–48. http://dx.doi.org/10.35774/rarrpsu2017.22.143.
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In the article the features of functioning of sociallabour relations are investigational in an agrarian region, the important problems of their development that results in regional differences in quality of life of population are educed. A labour-market to the Ternopil area depends on changes in an economy, demographic and social tendencies, and also from the row of other specific factors (level of remuneration of labour, seasonal character of production, disbalance at the market of labour, labour migration, "shadow employment" and other) that became reasons of origin of disproportions in development of sociallabour relations in a region. By basic factors that predetermined the origin of sociallabour divergences (conflicts) in a region were : debt from payment of salary; non-fulfillment of conditions of the collective agreement; non-fulfillment of requirements of legislation is about labour. For today in a region the different models of relations are widespread between workers and employers, but their basic maintenance is prevailing of side of employers. In the article the issues of the day of functioning of sociallabour relations are certain in a region, namely: socially unfair salary and excessive differentiation in the acuestss of population; transformation of institute of employment; a force underemployment (of work is in the conditions of incomplete workday (of week), of vacation without maintenance of salary; existence of shadow employment; high unemployment rate; violation and ignoring of terms of collective labour agreements (of agreements) by employers, violation of labour rights and ignoring of necessities of the hired workers; total increase of mistrust to the employers, leaders of enterprises, leaders of trade unions, dependence of trade unions on will of employers. In the article events offer in relation to the improvement of adjusting of sociallabour relations under act of changes in the field of employment.
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Mollah, Mohammad Mainuddin, i Md Mainul Islam. "Challenges and Prospects of Labour-Management Relations in the Export Oriented Ready-Made Garments (RMG) Industry: A Study in Bangladesh". International Journal of Research and Innovation in Social Science VIII, nr VI (2024): 1–11. http://dx.doi.org/10.47772/ijriss.2024.806001.
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The Ready-made Garments (RMG) industry is one of the most significant earning sectors in Bangladesh. It generates over 80% of the country’s total exports and provides employment opportunities for about 4.4 million people. However, the labor-management relations in this industry do not meet global standards. This research-based article focuses particularly on the labour-management relations in the RMG industry in Bangladesh. The study explains RMG workers employment and working conditions, the legal framework of labour-management relations, workers involvement with the trade unions and the existing dispute settlement and collective bargaining process in the RMG industry and their effectiveness Finally, the study finds out the opinions of the both workers and management on policy recommendations for ensuring labour-management relations in the RMG industry in Bangladesh.
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Harbridge, Raymond, i Kevin Hince. "Bargaining and Worker Representation under New Zealand's Employment Contracts Legislation : A Review After Two Years". Articles 49, nr 3 (12.04.2005): 576–96. http://dx.doi.org/10.7202/050960ar.
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This paper examines the significant shift in the central philosophic and léegislative base of labour relations in New Zealand since the adoption of the Labour Relations Act in 1987 and the Employment Contracts Act in 1991. It reports two empirical studies. The first examines the collective bargaining System. The second study reports the structure and membership of trade unions in New Zealand in this new environment.
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Marobela, Motsomi Ndala. "Industrial relations in Botswana – workplace conflict: behind the diamond sparkle". Emerald Emerging Markets Case Studies 4, nr 2 (5.03.2014): 1–16. http://dx.doi.org/10.1108/eemcs-2014-5555.
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Subject area Management: human resources management. Study level/applicability Undergraduate and postgraduate. Case overview This case gives critical insights in the complex issues surrounding the management of employment relationship in Africa, specifically focusing on Botswana. It is set in the context of explosive industrial relations involving Debswana Diamond Mining Company and the Botswana Mine Workers Union over the contentious issues of pay bonus and collective bargaining. Failure to reach an amicable compromise by both parties' results in a debilitating strike which costs the company millions of funds and affected it's the corporate image contrary to its well crafted social responsibility. More painfully, the end game is a loss of employment and dreams shattered for 461 dismissed workers who depended solely on this work as their only source of income. Expected learning outcomes At the end of reading the case students are expected to: understand the limits of managerial prerogative and the right to manage; appreciate the inherent conflict of interests between labour and capital; consider more equitable compensation schemes in dealing with collective bargaining; and discuss the concept of social responsibility in the context internal customers-employees. Supplementary materials Teaching note.
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Zagelmeyer, Stefan. "Determinants of Collective Bargaining Centralization". Journal of Industrial Relations 49, nr 2 (kwiecień 2007): 227–45. http://dx.doi.org/10.1177/0022185607074920.
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Various factors influence the development of collective bargaining structures. Based on cross-sectional and pooled cross-sectional data from the British Workplace Employment Relations Survey series, this article discusses and empirically analyses the establishment-level determinants of collective bargaining centralization, i.e. whether an establishment is covered by single-employer collective bargaining or multi-employer collective bargaining. It argues that the employers' and trade unions' preferences for a particular bargaining structure depend on the outcome of cost—benefit analyses of different available institutional alternatives. The actual choice of a collective bargaining structure then reflects the interaction of the actors' preferences, moderated by an institutionally determined decision-making process. Estimation of a probit model with pooled cross-sectional data shows that the number of unions present at the establishment, membership of an employers' association, and public sector affiliation are positively associated with collective bargaining centralization. In contrast to this, establishment size, trade union density, foreign ownership and control, and international product markets are negatively associated with centralization. Neither establishment age nor foreign ownership appeared to be significant.
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Bontlab, Vasyl, i Ivan Yatskevych. "Termination of Powers of an Official as a Ground for Termination of an Employment Agreement (Contract) with a Manager: Features and Problems of Implementation". NaUKMA Research Papers. Law 11 (26.10.2023): 56–63. http://dx.doi.org/10.18523/2617-2607.2023.11.56-63.
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In order to protect investments, rights and interests of investors, a number of legal acts were amended in 2014. In particular, a new ground was added to the list of additional grounds for termination of an employment agreement initiated by the employer – termination of powers of an official of the company, which accordingly entails termination of the employment agreement with such an official. However, an analysis of the case law on disputes over termination of an employment agreement with a manager initiated by the employer due to revocation of the official’s powers reveals a number of problems in the practical implementation of this provision.The authors of the publication identify the main problematic issues related to the revocation of powers as a ground for termination of an employment contract at the initiative of the employer, in particular, the procedure for revocation of powers and, accordingly, termination of an employment contract; jurisdiction over disputes on appealing such dismissal; determination of the circle of persons covered by the said ground; and compliance of such dismissal with international labour standards and the rule of law. An important aspect of this issue was and still is the distinction between labour relations and related legal relations of similar content.The authors contend that several challenges in law enforcement of revocation of an official’s powers as a ground for dismissal are caused not only by the quality of the formulated legal provision and relevant amendments to Ukrainian legislation, but also by the uncertainty and ambiguity of the legal status of a legal entity’s head in legal relations with the owner, the labour collective as a subject of labour law and a party to collective labour relations, and also with individual employees.The Supreme Court’s practice plays a significant role in resolving the issues related to the termination of an employment contract with a manager based on the revocation of powers. This practice is developing quite dynamically, although it lacks stability in the approaches to this issue.
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Коничева, Е. М. "Понятие, принципы, стороны, система (уровни) и организационные формы социального партнерства в сфере труда". ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ 70, nr 6 (2021): 48–51. http://dx.doi.org/10.18411/lj-02-2021-209.
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The article is devoted to the analysis of the labor legislation of the Russian Federation in the context of the development of various forms of social partnership. The study concluded that social partnership is one of the forms of coordination of the interests of the parties to the employment contract between the employee and the employer. The development of labor relations in Russia is promoted by various commissions for the regulation of social and labor relations - social partnership bodies that have competence in the field of organizing collective negotiations and drafting collective agreements and contracts in accordance with the legislation