Tarifliche Regelung der Lehrverpflichtung des wissenschaftlichen Personals an staatlichen Hochschulen

An increase in the number of corruption cases in the goods and services procurement at government agencies in Indonesia causes the country to suffer significant losses. This condition proves the noncompliance of the goods and services procurement officials with the code of ethics for the implementation of goods and services procurement. Corruption cases in the goods and services procurement tend to involve goods and services procurement officials, both as Budget User Authorities, Commitment Making Officials, and Technical Implementation Activities Officials. In other words, officials (superiors) use their authority to commit fraud in the goods and services procurement. The purpose of this study is to determine and evaluate the role of the code of ethics on the influence of superior authorities on fraudulent acts in goods and services procurement of government agencies in Indonesia. This study used the laboratory experiments method with the accounting students of Pattimura University, Ambon as the participants and a two-way ANOVA with a 2x3 factorial experimental design as a data analysis technique. The results of this study show that superior authority plays an important role in influencing the occurrence of fraudulent acts in the goods and services procurement, and a code of ethics can reduce it. There is a difference in the tendency to commit fraud in the goods and services procurement when there is a superior authority and no superior authority. The tendency to commit fraud will be smaller for individuals who are asked to read the code of ethics and signatures it compared to only reading the code of ethics and without a code of ethics.

In Turkish law Art. 53 paras 1 and 2 and Art. 54 para. 1 Const. as well as the UCLAA refer to the term ‘collective labour agreement’ in order to tell and talk about a collective bargaining agreement for workers. In this respect, Art. 53 Const. which is titled as ‘collective labour agreement and right of collective agreement’ prescribes that ‘civil servants and other public officials’ shall have the right to benefit from the ‘collective agreement’ (para. 5) and that the terms in connection therewith shall be governed in the laws (para. 7). Accordingly, technically, the term ‘collective labour agreement’ appears to be a term solely used in connection with workers. One can argue that this is a highly superficial distinction and that it stems from the fact that public officials are not granted a right of collective bargaining as broad as the one granted to workers.

The Collective Labor Agreement is one of working agreements negotiated by workers joining the trade union organizations together with employers as employment providers. In the making of the agreement, it must first be negotiated by both parties. In particular, in order for the trade union to attend the negotiation, it must meet the requirement stipulated in the provisions of law and regulation stipulated in Laws Number 13 Year 2003 on Labor and Ministerial Regulation Number 28 Year 2014. The two regulations have non-interrelated arrangements or in other words it can be said as conflict of norms, hence this present study is conducted to examine the validity of enactment of collective labor agreement in a company and the legal protection for the trade union under the collective labor agreement. The study makes use of normative research method, i.e. by reviewing the documents of legislations and the literatures with legislation and conceptual approach. The result of the study shows that the validity of enactment of collective labor agreement refers to its relation with legal validity of a norm in the principle of legislation lex superior derogate lex impriori, so that the labor laws is enacted, but not apart from the role of labor ministerial regulations. The validity of the legitimate terms of an agreement is also needed to underlie a collective agreement. The legal protection that can be applied for trade union is in the form of supervision as well as legal protection both preventive and repressive outlined in the collective labor agreement content.

REPORT□ COLLECTIVEBARGAINING INSPAIN A black cloud overshadows collective bargaining in Spain I adopted five 8/2010 The the for workers percent controversial public reduction 2010, Government Law-Decree Budget included amending the sector which in wage Royal Law the for a adopted the Royal Law-Decree 8/2010 amending the BudgetLaw for2010, which includeda controversial fivepercentwage reductionfor workersinthe publicsector CAMILO RUBIANO, Industrial and Employment Relations, Department (DIALOGUE), ILO. The views expressed herein arethose ofthe author and donot necessarily reflect the views ofthe International Labour Organisation. The gaining law-decree modification and may therefore affect ofa the collective the right right to to agreement collective freedom barby of law-decree may affect theright tocollective bargaining andtherefore theright tofreedom of association. Thiswas thedecisionreachedbythe Social Chamber ofthe Audiencia Nacional atthetime itrequested theConstitutional Court toexamine the issueina caselodged bytrade unions intheNational Mint Factory, oneofthevarious groups ofworkers thatchallengedthefivepercent wage reduction approved bytheGovernment on 20May2010. However, on7June 2011, ina decision that could haveaneffect onoverthree million workers inthe publicsector,1 theConstitutional Court rejected this reasoning andupheldthemeasure adoptedbythe Government. Background A briefchronology oftheeventsrefers that,in December2009,theSpanishCongress passedthe BudgetLaw for2010. Highlyinfluenced bythe globaleconomiccrisisthateruptedin 2008and that particularly hitSpainandother EU countries, itsmainobjective was thesustainability and stability ofpublic finances. Inthis context, theBudget Lawfor2010provided fora wage increase of0.3 percent forworkers in thepublicsector, in line with thepreviously negotiated Government-Trade UnionAgreement forthepublicsectorfor20102012 ,signedon 25 September 2009. Accordingly, collective agreements concluded in thevarious publicadministrations andstate enterprisesfortheyear2010werelinedup totheprovisions oftheBudget Law,andwith regard towages inparticular provided fora maximum increase of nomorethan 0.3percent. Buttheeffects ofthecrisis intensified and themeasuresadoptedin the BudgetLawweredeemedtobe insufficient. The downgrade oftheGreekdebtand thepossibility ofcontagion to otherEU economiesforcedthe Government toembark on theimplementation of newmeasures, seeking a further reduction inexpenditures . Thus, theGovernment availed from itsright toadopt temporary legislative measures under Article 86oftheConstitution andadoptedtheRoyalLawDecree8 /2010 amending theBudget Lawfor 2010, whichincluded - amongother measures - a controversial five percent wagereduction for workers inthepublicsector witheffect from 1June2010.2 As a consequence,a numberoftradeunions commencedlegal proceedings allegingthatthe unilateral andsubstantial modifications oftheagreement previously negotiated withtheGovernment violated theright tocollective bargaining andthereforetheright tofreedom ofassociation. The decision ofthe Social Chamber oftheAudiencia Nacional The proceeding before theSocialChamber ofthe Audiencia Nacional specifically concerned thecomplaints lodged bydifferent trade unions ofthe National Mint Factory. Basically, they allsought tooverturn thefive percent wagereduction, so that theworkerswouldreceive their wagesinfull, as previously agreeduponintheBudget Lawfor 2010.Theallegations werebasedonthefact that - for thepresent case - the legal prerequisites thatenable the Government toadopta law-decree werenotmet. Infact, theConstitution inessencestates that the Government mayhave recourseto law-decrees onlyincases of"extraordinary andurgent necessity ," andas longas they do notaffect theorganisationofthebasic institutions and the"rights, duties andfreedoms ofcitizens", including theright tofreedom ofassociation andtheright tocollectivebargaining . Theserestrictions arejustified due to thespecialnatureoflaw-decrees, whichare adoptedbytheGovernment andendorsed bythe Congress ina summary proceeding, wherethere isvirtually no debateandamendments cannot be introduced; theyare adopted(or rejected)in a packageas a whole. Moreover, Spanish legislation provides that only theConstitutional Court candeclaretheunconstitutionality ofa regulation having theforce oflaw. Thus, whena court considers that a regulation that hasimplications intheresult ofa proceeding may be contrary totheConstitution, itmust submit the issuetotheConstitutional Court. Indoingso,the SocialChamber oftheAudiencia Nacionalinitiallyconsidered thatthefirst requirement - "extraordinary andurgent necessity" - wasfulfilled, since theserious economic crisis enabled theGovernment inthis casetoimplement measures bylaw-decree. TheAudiencia Nacionalalso considered whether theLaw-Decree affected theright tocollective bargainingwhenitmodified an existing collective agreement, and as a result violatedtheconstitutional prohibition referred toabove.Thekeyissue was thescope oftheterm "affect". TheAudiencia Nacionalfirst recalled that notallregulations havingtheforce oflawaffect a fundamental right, but onlythoseconsisting ofa comprehensive regulationorhaving aninfluence ontheessential aspects ofa fundamental right. In thecase oftheright to collective bargaining therearefiveessential elements , namely: thenegotiation; thechoiceofbargaining level;theselection ofthebargaining content ; thebinding force; andtheadministration of the agreement.In thiscontext,the Audiencia Nacionalarguedthat whentheLaw-Decree modified theBudgetLawitalso prevented thecollectiveagreement attheNational Mint Factory from having a binding force, since"the binding force of INTERNATIONAL union rights Page 14Volume 18Issue 3201 1 REPORT□ COLLECTIVE BARGAINING INSPAIN thecollective agreement dependson theintangibility ofitscontent during itslifetime, andonlyby ensuring thisintangibility itis possibletoguaranteethefunctionality ofa collective agreement as a regulator oflabourrelations, corresponding to thelegislature toensurethat guarantee Inother words, themodification ofa collective agreement bylaw-decreeaffects a fundamental right, sinceitdrains collective bargaining ofitscontent , as itwas allegedbythetradeunions,thus contravening the limitations set forthin the Constitution for this typeofregulation. Therefore, a question ofunconstitutionality hadtobe placed before theConstitutional Court. Inaddition, theAudiencia Nacional heldthat had thecollective agreement been modified (or even suspended orsuppressed) bya law intheformal sense,thecircumstances wouldhavebeendifferent ,sincebytheprinciple ofhierarchy ofnorms thewagesofworkers inthepublicsector...

In Poland, labor law is now an independent branch of law (within a uniform legal system). The employment relationship is a central concept in Polish labor law. This relationship has a specific legal character, which distinguishes it, e.g., from civil law, administrative law, and criminal law relationships. In the Polish legal order, employment does not must have an employee character (within the employment relationship). This chapter is devoted to Polish national regulations concerning employment contracts and collective labor agreements, with particular emphasis on their power to shape legal relationships. The content of the chapter shows the relationship between the individual and collective labor law. An analysis has been made of the compliance of Polish regulations on employment relationships with EU law. It also presents selected current regulatory issues of Polish labor law through the prism of issues concerning the formative power of an employment contract and a collective agreement (in terms of the impact of COVID-19 and automation on employment relationship regulations).

Collective agreements and the statutes of the civil service in Canada and Quebec. Canadian federal law and the legislation of Quebec in matters of public administration regard collective work agreements as a main source for the status of civil servants. However the situation does not bear out the fact that civil servants have a legal status which is identical to that of the private salary and wage earners. Indeed, the staff of the Canadian and the Quebec administrations are subjected to rules which are different from those generally applicable and are put in a statutory position. However this status which partly results from laws and regulations (i.e. unilateral acts of the State), is also based on collective agreements which now are counted among the origins of the law of civil servants in Canada and Quebec. Mr. Auby’s paper outlines the main elements of the System to illustrate its originality, but the system’s implementation is too recent to allow a proper overview of its efficiency.

INTERNATIONAL union rights Page 28 Volume 20 Issue 4 2013 FOCUS ❐ RECOGNITION AND BARGAINING SYSTEMS ed and for improving administrative procedures with the Ministry of Labour, the National Civil Services’ Appeal Commission and the Municipal Administrative Career Commissions. The greatest result for beneficiaries has been in negotiating collective agreements, the most recent one being the collective agreement with the Office of the Comptroller General of the Republic where it had never previously been possible to have an agreement registered with the Ministry of Labour Department of Individual and Collective Negotiation. This benefits more than 550 workers at national level. Trade union members who have benefited most from the work of the office have been women. Women are a majority of Nicaragua’s population, comprising more than 53 percent of the national population, yet the state and municipal sector remains very much male-dominated. There is still some way to go, although the position of women is society in Nicaragua is improving. The Sandinista government now insists on a minimum quota of 50 percent for internal party candidates as well as candidates for public office, and there is evidence of a continuing increase of women’s participation in the social and economic life of the country. Another very important achievement of the legal office is the trade union training that is carried out by legal professionals for union leaders at national level. Training has taken place on subjects that include: ■ collective agreements ■ civil service and administrative career law ■ municipal career law and its regulation ■ gender equity law ■ budgetary system law ■ municipal budgetary system law ■ municipal transfers law ■ trade union organisation More recently, the Legal Office has provided invaluable training on the implementation of the new Labour and Social Security Protection Code, which came into effect on 29 May 2013. The Code permits union leaders to represent their members before a judge in the Labour Courts, so it is important that they understand it fully. To this end, a series of workshops for union leaders has taken place around the country in order to inform union leaders about the contents of the new Code. The legal office has also been giving support and legal assistance to other trade union organisations within the national workers’ federation FNT. The achievements of the legal office have been highly positive. The Office deals with an average of 33 cases a month, and has become an essential tool in ensuring the defence of workers’ rights throughout the country. Establishing legal resources in Nicaragua Legal advice and training by qualified lawyers has been a priority for the union for a number of years LOUISE RICHARDS is Trade Union and Communications Co-ordinator at the Nicaragua Solidarity Campaign in London P rior to 2011, the Nicaraguan public sector union UNE had only limited capacity to address attacks on workers’ rights such as arbitrary sackings, denial of state benefits, sexual harassment and health and safety issues. Members, particularly low paid women workers with no resources to pay legal fees, had no recourse to justice . Although the current Sandinista Government is more supportive of trade unions than previous right wing governments, the trade unions are at pains to point out that their first priority is to defend members’ rights. In 2011, thanks to support from UNISON, its UK sister union, UNE was able for the first time ever to set up a legal office not only to address members’ problems, but also to enable UNE to negotiate collective bargaining agreements more effectively and to provide training in employment law for union leaders. UNISON financed the first phase of the office between August 2011 and August 2012 and has since approved further funding from June 2013 until May 2015. The office is now staffed by two lawyers and a legal assistant. One lawyer and the legal assistant are funded by UNISON, the other lawyer by the Spanish trade union CC.OO. The creation of an office providing legal advice and training by qualified lawyers has been a priority for UNE for a number of years. It is seen as an opportunity for not only capacity building but for strengthening and deepening the trade union movement within society, raising its profile, increasing membership...

The subject of this doctoral dissertation is contract catering, intended as product group. It is anyway not confirmed the existence of so-called product group, completely independent, which could be considered autonomous compared to other product groups universally recognized, as the traditional catering or, in general, retail and catering businesses, product group where contract catering was included – at least according collective labour agreements - until recent times. In the first chapter of the dissertation it is chosen the historiographical method to better understand the autonomous path of contract catering compared with similar sectors, with the main purpose not just limited to affirm the existence of the category, but also to describe a sectorial development which has experienced moments characterized by several peculiarities, certainly worthy to be analysed in detail. Subjects of the second chapter are the structure of collective labour agreements of the sector, which in these years are under a complete renovation. The analysis begins with the evolution and the description of the evolution of the collective bargaining inside the sphere of Tourism collective labour agreement; since the beginning of the seventies the contract catering is identified as an under-sector, with high level of autonomy, of retail and catering businesses, which is also included in the framework of the Tourism category. It is therefore necessary to examine on one side the entire collective labour agreement of the category, as it developed until today, and on another side the specific provisions included in the collective agreement related to contract catering, where existing. It is indeed necessary to analyse the Tourism Collective Labour Agreement, signed on the 20th of February 2010, the last one applicable for contract catering, to understand the peculiarity of every contractual institute included into the Collective Agreement and to evaluate the capability to comply with the sectorial necessities; particularly interesting for the dissertation the analysis of the following contractual institutes: field of application, validity, duration, second level collective bargaining, Tourism bilateral bodies, part-time contracts, working time, flexibility, wages, illness compensation and specific regulation of contract catering sector. At the end of such analysis it is described the 2012 withdrawal of Angem (Italian Association representing Contract Catering companies) from the FIPE (Italian Federation representing retail and catering businesses), which was the employers’ Association where Angem was associated since its institution in 1973, and the cancellation by Angem – later withdrawn – of the Tourism Collective Labour Agreement, and the claim of signing a new specific Collective Labour Agreement, which will be probably finalized in 2017. Determinants of the new order of the representation of contract catering companies are the main subject of the third chapter. They could be divided into three categories: historical and institutional, juridical, economical. The analysis of these determinants emerge to be fundamental to comprehend if, beyond a specific historical path and specific type of companies different from retail and catering businesses, there is a real need which is encouraging sectorial companies to search for a typical autonomous representation. At the end of the dissertation it is included a specific literature review, which disclose the relevant literature related to the arguments presented and different positions assumed.

In a recent ruling (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42), the Supreme Court of Canada states that an arbitrator has jurisdiction to hear a dispute that involves rights guaranteed by codes, charters and employment legislation even if the arbitrator has been barred from such recourse under a collective agreement. In the case at issue, an employee with probationary status benefited from maternity leave and was discharged upon her return. Despite the clarity of the wording under the collective agreement stating that a probationary employee may not resort to arbitration, a grievance was filed and was worded as follows: [Translation] “. . . was discharged without reason and this decision is arbitrary, discriminatory, unjust and vitiated by bad faith.” Owing to the rights vesting in the employee under the Employment Standards Act (Ontario), the Board of Arbitration ruled on its own jurisdiction to hear such a grievance. This decision was quashed in judicial review (Superior Court) and but was then upheld in Court of Appeal and once again by the Supreme Court of Canada (majority 7/9). The Supreme Court of Canada began by making several observations concerning the criteria of judgment applicable to judicial review, namely that which is considered patently unreasonable. An attempt was made to distinguish between an unreasonable decision and one that would be patently unreasonable. It seems to us that such a distinction remains ambiguous and further confuses the exercising of a fair judicial review; unreasonableness should not be graded by degrees. In a second approach, the ruling establishes the relationship between State standards (Codes, Charters and employment legislation) and contractual standards. Working from the basis that State standards would be incorporated into the collective agreement, the Court establishes that the limit imposed upon the collective agreement regarding access to arbitration had the practical effect of denying the right to maternity leave, elsewhere guaranteed by law. For this reason, the arbitrator had to intervene and exercise control in order to ensure respect for established standards of public order. To achieve these ends, the Supreme Court of Canada seemed to experience considerable difficulty in qualifying the collective agreement and classified it in the category of private contracts. Such a categorization, confined to the traditional “public/private” dichotomy, dismisses the true legal and desired effect seeking to make the collective agreement a regulatory labour provision complementary to statutes governing public order and intimately related to the latter. In support of his line of reasoning, Judge Iacobucci, on behalf of the majority (7/9), repeatedly referred to the ruling: McLeod v. Egan, [1975] 1 S.C.R. 517. The referrals denied under this ruling are hardly convincing and uselessly weigh down the reasoning. Moreover, Judge Major (dissenting) also referred to it and considered that Judge Iacobucci was reading into the McLeod v. Egan ruling a purport that it just does not have. In all, we believe that the codes, charters and employment legislation serve as the basis upon which the collective agreement is built and, consequently, the parties’ contractual freedom both derives from this basis and is limited thereto. This interrelation would be analogous to that of the Constitution and employment statutes, without it being possible to affirm that the Constitution would be found to be a part of each of these statutes. This ruling is especially interesting because it recognizes the employee’s right to resort to arbitration in order to ensure respect for guarantees stipulated in employment legislation, despite wording to the contrary in the collective agreement. Parties to collective agreements and arbitrators must therefore respectively correct their approach and grant access to arbitration for all employees from the very moment that their fundamental rights are jeopardized in any way.

Der Beitrag schreibt die jährliche Berichterstattung des IAB in den WSI-Mitteilungen zur Tarifbindung und betrieblichen Interessenvertretung mit Daten für 2018 fort. Zunächst wird die Tarifbindung der Betriebe nach Branche, Betriebsgröße und Bundesland dargestellt. Dabei wird auf die nach wie vor vorherrschenden Unterschiede zwischen West- und Ostdeutschland abgestellt. Seit 1996 hat die Flächentarifbindung in beiden Landesteilen eine deutlich rückläufige Tendenz, auch wenn die Entwicklung in jüngster Zeit weniger eindeutig verläuft. Ergänzt werden die Ergebnisse zur Tarifbindung durch Informationen zum Betriebsrat und zu alternativen Formen der betrieblichen Mitarbeitervertretung. Auch für den Betriebsrat ist in der langen Sicht ein abnehmender Deckungsgrad zu konstatieren. Allerdings scheint dieser Trend 2018 gebrochen. Die verschiedenen nicht gesetzlich legitimierten Vertretungsformen zeichnen sich in erster Linie durch ihre geringe Stabilität aus. Abschließend werden in einer gemeinsamen Betrachtung der betrieblichen und sektoralen Ebene der Interessenvertretung die ausgedehnten betrieblichen Vertretungslücken so wie die „weißen Flecken“ in der Tarif- und Mitbestimmungslandschaft ausgewiesen.

In an employment relationship, there are rights and obligations attached to each party that must be fulfilled. However, in practice, employers often neglect to fulfill the rights of workers during their employment and after termination of employment, even though these obligations are regulated in the Collective Labor Agreement and Joint Agreement. Based on these issues, this study aims to examine and describe the legal protection for former employees who have been terminated with outstanding benefits in accordance with Indonesian labor laws, as well as to obtain an overview of the company's responsibility to fulfill the rights of former employees due to termination of employment in accordance with the agreements in the Collective Labor Agreement and Joint Agreement. This study uses a normative juridical approach based on the provisions of labor laws and regulations. Data was collected through a literature study by examining primary, secondary, and tertiary legal materials relevant to the research issue. All data were then analyzed qualitatively to formulate comprehensive and implementable conclusions and recommendations for the benefit of former employees. The findings show that legal protection for former employees who experience termination of employment with outstanding benefits can be demanded based on labor law regulations in Indonesia. The company has the responsibility and obligation to fulfill the rights of former employees due to termination of employment in accordance with the agreement in the Collective Labor Agreement and Joint Agreement, whereby the payment of these rights must be aligned with and subject to the provisions of applicable laws and regulations.

The issues included in the article focus on a tool ensuring compliance with provisions of the social law and labour law, as well as collective agreements (so-called cross-cutting “social clause” or horizontal clause) and more precisely on the analysis of regulations of Polish Public Procurement Law related to the requirement posed in relation to economic operators or subcontractors, concerning mandatory employment of staff under an employment relationship when they execute public procurement contracts. The regulation fulfils the protective function of the labour law, underlying the priority of employment. It was emphasized that socially responsible public procurement are inseparably connected with compliance with the provisions of the labour law, whose main aim is to protect the employee. The article also analyses selected issues concerning socially responsible public procurement and the notion of an employment relationship.

The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.

According to the Constitution of Korea, “Workers shall have the right to independent association, collective bargaining, and collective action.” However, the courts have ruled that the rights to organize a trade union, collective bargaining and collective action can be exercised solely within a framework of an employment relationship. Based on these precedents, the basic labour rights of independent workers are not recognized and exercising these collective rights in relation to user employers or main contractors is not allowed.BR However, by virtue of the principles of freedom of association, all workers, with the sole exception of members of the armed forces and police, should have the right to establish and join organizations of their own choosing. The criterion for determining the persons covered by that right, therefore, is not based on the existence of an employment relationship. Freedom of association and the right to collectively bargain should be ensured, regardless of the form of employment relationship, as fundamental principles and rights at work. This is reaffirmed in the international labour standards including the Employment Relationship Recommendation (No. 198, 2006).BR Even if considering the difficulties of establishing whether or not an employment relationship exists, the scope of the rights to organize a trade union and to collective bargaining should not be determined on the premise of an employment relationship. On the contrary, collective bargaining and collective agreements in this area may be helpful for finding solutions to questions relating to the scope of the employment relationship.BR For years, Korean trade unions and precariously employed workers have struggled for basic labour rights and a few of them collectively bargained or achieved a collective agreement. However, these efforts have been confronted with suppression caused by biased interpretation and a biased application of law. Employers usually refuse collective bargaining and suppress trade union activities on the pretext of decisions by public authorities.BR The Korean Confederation of Trade Unions (KCTU), with various social movement organizations, has been demanding legislation to ensure rights for precariously employed workers since 2000. The existing labour laws are inadequate to protect workers in the changing labour market and changing organization of work. Especially, since definitions of “employee” and “employer” in labour laws are based on the traditional regular employment relationship, precarious types of work such as triangular employment workers and independent workers are left outside the scope of labour laws. This article proposes the legislation that adjusts the terms ‘employee’ and ‘employer’ in labour laws to reflect changes in the world of work.

Despite the priority and fundamental importance of state protection in the field of labor, it should be recognized that its capabilities are objectively limited. This situation, in turn, is due to the diversity of social ties within the labor and closely related relationships, as well as the number of individual situations that occur in the field of labor. To address this issue, it was established that for this purpose and to ensure the harmonious functioning of labor relations, there is an institution of contractual protection. By its nature, such protection allows to take into account all individually specific aspects of working life in compliance with one condition – not to contradict the basic provisions of state protection and not to worsen the situation of the employee. Protection at the contractual level is implemented through one of the central and key institutions of labor law – the institution of the contract, and within the employment relationship is provided by the conclusion of collective and employment agreements. It has been studied that in the exercise of the right to protection of the employee during the performance of the labor function, the connection between working conditions, occupational safety at work and the state of health of employees should be established. Therefore, agreements and collective agreements should set out the main areas of work of the social partners in the field of labor protection, pursue a policy of safe and healthy working environment, by establishing a system of rights, responsibilities, responsibilities of government, employers and workers themselves. Protecting and prioritizing the safety and health of workers at work must be an important part of national labor policy and protection. It is established that for this purpose at the state and contractual levels it is necessary to provide for the implementation of a set of preventive measures aimed at preserving the health and lives of workers in the process of work, which will timely eliminate deficiencies in occupational safety and health and plan its development economic and social situation in the country. It should be noted that to address this issue, it is necessary to establish what factors and preconditions contributed to the emergence and active use of the contract as such in the field of labor law.