MUTUAL RELATIONSHIP BETWEEN FREQUENCY OF THE RIGHT TO STRIKE AND RECOGNITION OF THE RIGHT TO LOCKOUT WITHIN THE LEGAL SYSTEMS OF SELECTED EUROPEAN STATES
Journal Title: Torun International Studies - Year 2016, Vol 1, Issue 9
Abstract
The main objective of this paper is to analyze the mutual relationship between the right to strike as well as its frequency and the opposite guaranteed to employers – right to lockout in accordance with labour law regulations of the selected European States. Subsidiary, the author will also focus on the provisions within the Council of Europe (especially the regulations of the revised version of the European Social Charter and the judicial practice of the European Committee of Social Rights) as well as the provisions enacted by European Union institutions. One of the main thesis of the article hereto is the presumption that the lack of the common standard among the States of the Council of Europe causes significant differences regarding the acceptable scope of the right to strike and lockout. Such differences may adversely impact the domestic and international economy and trade relationships as well as are of particular significance in the light of postulate of economic, social and cultural rights protection. The conducted analysis will present the Constitutional guarantees as well as concrete labour law provisions, regarding not only recognition of the rights to strike or lockout, but also the bargaining system as well as practical dimension of the labour rights, such as for instance days not worked and the number of workers involved in industrial action. To genuinely present the aforesaid data, the author will rely mainly on the database of International Labour Organzation (ILO) and European Trade Union Institute (ETUI), selected conclusions of the European Committee of Social Rights and the statement of the chosen representatives of European labour law doctrine. The principal purpose of the article is therefore to attempt to establish an optimal model of future European standard providing an accurate base between rights of workers and interests of employers with the benefit for economy.
Authors and Affiliations
Hanna Wiczanowska
Keywords
Related Articles
- EP ID EP197701
- DOI 10.12775/TIS.2016.008
- Views 81
- Downloads 0
DEVELOPMENT OF FAIR TRADE IDEAS
he topic of the work below is the development of fair trade ideas over the years. By analyz- ing reports, websites, and newspaper reports, I have been able to compare the work of fair trade organizations. he social move...
INTERNATIONAL RATING AS A CREDITWORTHINESS MEASURE OF A STATE
Credit rating agencies play an important role in the world due to the fact that rating has become a reliable indicator of the evaluation of a debt investment. A reliable agency that is globally recognised ought to be ind...
CONTEMPORARY MIGRATION CRISIS IN EUROPE AND ITS IMPACT ON SOCIO-POLITICAL SITUATION IN GERMANY
Migration crisis is currently one of the biggest challenges facing EU states. Te role of this issue in the German socio-political discourse in 2015–2016 is the main focus of the analysis presented in this paper. Among al...
“GREENING” THE CRITICAL THEORY OF INTERNATIONAL RELATIONS WITH THE CONCEPT OF WORLD-ECOLOGY
abstract
CYBERWARFARE AND RESPONSIBILITY OF STATES
The aim of this paper is to provide a general insight into the questionable nascence of the international custom in the context of cybersecurity and the most relevant attempt to draft a document regarding the subject mat...