Practice Of Bargaining Research Articles

Continuous training in collective bargaining

Collective bargaining should give priority to training aspects in business policy with the aim of increasing the knowledge and professional development of employees, addressing aspects as varied as the ongoing development of skills and professional qualifications, the definition of individual rights to training, individual leave for this purpose, and especially training activities, promoting their quality and the application of subsidies to finance them. However, despite the leading role of collective bargaining in bringing training closer to workers and meeting the needs of employers to improve the skills of the workforce and improve productivity, there are still many gaps in the practice of collective bargaining. However, after the conventional search carried out, it is also possible to locate agreed regulations that give a prominent role to training, based on its consideration as a strategic element that makes it possible to make business competitiveness and productivity compatible with the importance of providing workers with the knowledge and practice appropriate to the professional skills required within the framework of a lifelong learning process, as required by European bodies.

Influence of Collective Bargaining on Organizational Performance in the Tea Factories Managed by the Kenya Tea Development Agency

This study investigated the influence of collective bargaining on organizational performance in tea factories managed by KTDA. The Kenyan tea industry faces numerous challenges that have impacted its overall performance and one potential explanation that has gained increased attention is the role of trade unions in enhancing the industry's fortunes. The study determined the relationship between Organizational Performance and Collective Bargaining. A Descriptive Survey design was adopted to conduct the study in the sixty-six (66) tea factories managed by the KTDA, which operates in all the tea-growing regions within Kenya. The factories were categorized into seven strata based on their regional location, and a sample size of 30% was randomly drawn from each stratum. This resulted in a total of 23 factories being selected for the study. Thereafter, the Human Resource and Administration Manager and Union Official were selected using purposive sampling, whereas Union Members were chosen randomly, resulting in three (3) respondents from each of the 23 sampled factories, totaling 69 respondents. Both primary and secondary data were used in this study, with primary data being collected using structured questionnaires. The questionnaires were tested and revised, and reliability was assessed, yielding a Cronbach's alpha coefficient of 0.786 that affirmed the reliability of the measure. The collected data underwent both descriptive and inferential statistical analysis. The analysis revealed that collective bargaining (Beta = 0.347, t = 3.296, p =0.002) had a significant positive effect on organizational performance. The study recommended that organizations should improve the quality of collective bargaining practices in the workplace for improved organizational performance.

Access to Justice and Civil-Procedural Bargaining

There is a virtual consensus that there is an ‘access-to-justice’ crisis in Canada. Some of the more concerning elements of the crisis – namely, the inaccessibility of courts – were brought into sharp focus at the onset of the global COVID-19 pandemic, wherein the already strained Ontario courts seemed poised to incur more ‘case debt’ and add to their already lengthy backlog. Responsively, governments and courts mounted a series of immediate reforms that were aimed at coping with the acute crisis, many of which were generally helpful measures that access-to-justice proponents advocated for even in non-emergency contexts. The relatively swift, frictionless nature of the changes – surely abetted by the emergency context – suggests that access-to-justice proponents, who often advocate large-scale legal, policy, and regulatory reforms, should consider what other such immediate, ‘low-hanging fruit’ interventions are available. Civil procedure offers fertile ground for such interventions. To this end, this article seeks to inform future reform efforts with three contributions. First, I argue that the access-to-justice problem is properly characterized as a civil-procedural problem. Second, I offer a new typology of civil procedural rules to fill conceptual gaps in the scholarship. Third, relying on an emergent literature about the concept of ‘procedural flexibility,’ I argue that procedural rules are more negotiable than traditional accounts contemplate, which presents opportunities for the practice of procedural bargaining as an access-to-justice tool.

The evolution of individual and collective rights in the Chinese workplace

ABSTRACT Due to the underdeveloped nature of organized labor, it is possible to view the ‘individual’ and ‘collective’ components of labor legislation in China as separate and severable. This article aims to challenge such thinking by arguing that collective labor law and collective bargaining practices in China have profoundly shaped the law of employment contracts and individual employment relations. To this end, analyzing the laws surrounding individual employment contracts should not proceed without considering collective labor law. This article investigates, in the first three decades following the establishment of the People’s Republic of China in 1949, the significance of collective rights to the underdevelopment of legal rules of employment rights and the emergence of the socialist social contract. This article also examines, after the economic reform of 1978, the various ways collective bargaining contributed to the transformation from the socialist social contract to the standard contract of employment and from an underdeveloped to a comprehensive framework of employment legislation. Finally, in the post-economic-reform decades, the analysis suggests that collective bargaining encourages the empowerment of trade unions with legislative and administrative efforts and facilitates the incorporation of terms and conditions improvement into individual employment contracts.

The Map/Territory Relationship in Game-Theoretic Modeling of Cultural Evolution

AbstractThe cultural red king effect occurs when discriminatory bargaining practices emerge because of a disparity in learning speed between members of a minority and a majority. This effect has been shown to occur in some Nash Demand Game models and has been proposed as a tool for shedding light on the origins of sexist and racist discrimination in academic collaborations. This article argues that none of the three main strategies used in the literature to support the epistemic value of these models—structural similarity, empirical confirmation, and how-possibly explanations—provide strong support for this modeling practice in its present form.

What is wrong with the functionalist approach used by French scholars in studying ‘điển’?

Điển was a practice in ancient Vietnamese society that had counterparts across the Sinosphere. In the first part of this article, we study provisions on điển in ancient Vietnamese codes, together with relevant background such as Vietnamese jurisprudence and counterparts of điển. Then, we study điển in contractual practice by deconstructing legal descriptions into social behaviours to understand điển in everyday ancient Vietnamese practice and life. We argue that while ancient Vietnamese legislators did not define what điển was and what điển purported to be or to do, there was a range of uses of điển in reality, deriving from dynamic social needs and creative bargaining practice. In the second part of the article, we study French research on điển, comprising work by French academics and French-educated Vietnamese scholars. We argue that their analyses are problematic because they tried to fit điển into French paradigms despite the divergence of practice and the rich social meanings of điển. In the third part of the article, we argue that the problems with French scholarship can be understood (and thus sympathised with) in light of the need to compare across jurisdictions, with functionalism sometimes being inevitable. We call on functionalism to be reflexive and integrative to better serve comparative legal history.

The Turn to Confession Bargaining in German Criminal Procedure: Causes and Comparisons with American Plea Bargaining

Abstract In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two systems of negotiated criminal justice. The Article discusses the origins of the German practice, its tensions with historic principles of the procedure system, and the troubled efforts of the courts and the legislature to justify and to regulate the practice.

Workplace Bargaining in Small & Medium Enterprises in India: Trends & Practices

The present paper attempts to explore and describe the existent workplace bargaining practices in Indian SMEs. Small & Medium Enterprises, which have been acclimatised as engines of growth and development in developing economies (Fashoyin, 2006) are governed by informal nature and erratic employment relations practices. Workplace bargaining, especially collective bargaining is observed to be very weak or non-existent due in SMEs (Edwards, Collinson, &Rocca, 1995). Ascertaining qualitative research method like Focus Group Meeting (FGM) the paper intends to highlight the existent trends and practices concerning workplace bargaining in selected Indian SMEs. The findings highlight how the decline in traditional forms of 'collective strengths' as propagated by Marxism is adding more strength and power to the might of the employers. This trend also indicates the shift towards individualistic approach which violates the very notion of democratic participation at workplace resulting in the dying down of the employee voices. The study very specifically highlights the emerging aspects of employment relations in selected SMEs in India.

The variable geometry of bargaining: implementing unions' strategies on remote work in Italy

The spreading of remote work in Italy following the Coronavirus pandemic has brought numerous challenges that have prompted trade unions to include this form of work as a matter of collective bargaining. The article aims to study unions' everyday bargaining practices, by investigating how the main union guide-lines on remote work have been implemented during the pandemic. Based on empirical data collected in Veneto and starting from the perspective of union officials and representatives, the article sheds light on unions' bargaining practices concerning access to remote work, remote workers' income, working time, and workloads. The analysis permits us to stress that union practitioners adapt the strategies of their union organisations to the specific sectors and workplaces in which they are embedded, according to the specific needs of the workforce they represent and to how they perceive their own bargaining power. We argue that the different variables - geographical level, sector, previous bargaining experience, unionists' ideological position, perception of their own bargaining power - intersect with each other, producing a variable geometry of bargaining practices with regard to remote work.

An Uncertain Future for EU-Level Collective Bargaining: The New Rules of the Game After EPSU

Abstract The General Court of the European Union (GCEU) in EPSU and Goudriaan vs. Commission and the Court of Justice of the European Union (CJEU) in the subsequent appeal judgment reached an identical conclusion on a key aspect of the system of EU level collective bargaining. The Courts held that Article 155(2) of the Treaty on the Functioning of the European Union (TFEU) does not impose any obligation on the European Commission to send a social partner agreement to the Council. This is in line with the Commission’s recent interpretation of Article 155(2) TFEU that subordinates the implementation of the European agreements to a positive assessment of their appropriateness. This article critically assesses the GCEU and CJEU rulings in EPSU and argues that they confirm a major break with the praxis of European collective bargaining that will have negative consequences for the social partners’ autonomy and role in the EU. In order to better understand this break, the article examines how and when the Commission changed its approach to European social dialogue, resulting in the new interpretation of Article 155(2) TFEU, and proposes a hypothesis to understand why. The article concludes by describing the consequences of the new reading of Article 155(2) TFEU for the idea of collective autonomy in EU law as well as for the practice of EU level social dialogue and collective bargaining.

Workers Participation in Management

History of the modern idea of workers participation can be traced back to the industrial revolution which began in the Eighteenth Century. With the advent of the industrial revolution the size of the enterprises increased and along with it the numerical strength of the workforce increased. By the mid-nineteenth century, the intellectual reaction to industrialism had assumed a whole spectrum of different forms and with the emergence of joint stock company type of organization workers were neglected, eliminated for maximization of profits. Workers felt that since they had a much greater stake in their Organizations, their interests should be protected. To counterbalance the power of the owners, workers organized themselves into unions and made the owners consider their various demands including point of view in the management of the enterprises. The owners, after reconsidering the power of unions, gradually yielded to the demand of the workers and negotiated with them on the aspects which directly affect the workers. These new trends strengthened the Trade Union movements and enabled them to play a constructive role in the furtherance of democratic values and principles. Several governments in Europe and Latin America passed laws giving level protection to Trade Unions and recognized the practice of the Trade Unions and the practice of collective bargaining. The Declaration of Philadelphia adopted by the I. L.O. in 1944 gave further stimulus to the movement as a consequence of which the personality and dignity of the workers was upheld. The Declaration further asked for the formation of a programme which among other things should achieve the effective recognition of the right of collective bargaining, the co-operation of management and labour in the continuous improvement of production efficiency and the collaborations of workers employers in the preparation and application of social and economic measures.

ТРУДОВЫЕ СПОРЫ И ПОРЯДОК ИХ РАЗРЕШЕНИЯ: ЗАРУБЕЖНЫЙ ОПЫТ

The article discusses labor disputes and the procedure for their resolution in the sections of such countries as the USA, Canada, Hungary, Poland, the Czech Republic and Slovakia, Romania and Croatia, France. In addition, using the comparative legal method, the labor legislation of the Republic of Uzbekistan was studied. In the course of the analysis, it was concluded that the Labor Code does not contain any limitation on the total number of employees included in the commission, now a labor dispute commission can be created at any, even a very small enterprise, the commission includes an equal number employee and employer representatives. In the context of the study of the category of collective labor disputes, the international experience of the ILO regarding collective bargaining practice was studied.Keywords:labor contract, ILO, UN, commission, labor dispute, employee, court, arbitration

Plea Bargaining in Nigeria Under the Administration of Criminal Justice Act

Abstract In the past decade or so, the subject of plea bargaining has assumed a, hitherto lacking, currency and has become more topical in Nigeria. This owes to the activities of the anti-corruption agencies which have, of recent, tended to use it in the resolution of cases. This increased use has resulted in outrage and condemnation of the practice. In order to ameliorate the perceived abuse of the practice of plea bargaining, the new criminal procedure statute, the Administration of Criminal Justice Act 2015 (ACJA), attempts to make comprehensive provisions to guard against its abuse. This article critically assesses the provisions of the ACJA on plea bargaining. It finds that the provisions are unduly broad, verbose and clumsy. Many are superfluous and overlap with others. It suggests an amendment of the statute in order to streamline such provisions.

Unions and collective bargaining in Australia in 2020

The sudden and dramatic lockdowns in Australia resulting from the COVID-19 pandemic brought great uncertainty and much change during 2020. This review concentrates on the impacts of these contextual changes on Australian unions and collective bargaining. Union efforts to cooperate with governments in policy-making and with employers at a workplace level were greeted with applause. But other arenas, as the crisis moderated, saw more traditional adversarialism. In particular, the failure of the parties to agree on legislative change meant that the government’s ‘omnibus’ bill, presented to parliament in December, would prove controversial and strongly contested in the new year. The structure and process of collective bargaining seemed to change remarkably little in 2020. A closer examination of the practice and outcomes of collective bargaining, however, suggests continued difficult times for workers and unions.

Reconsideration of the Role of Prosecutors in the Chinese Plea Bargaining System: A Comparative Perspective

A plea bargaining system was introduced into Chinese Criminal Procedure Law in 2018 and became a basic principle of Chinese Criminal Procedure. This plea bargaining system embodies characteristics of both adversary and inquisitorial models. Chinese prosecutors are granted with a leading role in this plea bargaining system, as in the U.S., and can decide which cases are suitable for plea bargaining, which type of process can be applied, and give recommendations as to the sentencing, which judges shall in principle follow. To transplant such an arrangement from the U.S. model into an inquisitorial system, however, causes various problems. Fairness and justice cannot be entirely guaranteed under the wide-ranging practice of plea bargaining; the function of trials is derogated and undermined; and the decision-making process on core issues is moved forwards to the pre-trial period. Moreover, the procedural rights of defendants are more at risk when prosecutors dominate plea bargaining without any supervision from outside. With a brief introduction of an inquisitorial model based on the German plea bargaining system, the role of Chinese prosecutors in plea bargaining is urged to be reconsidered and their authority should be restricted in order to ensure that judges are guaranteed the judicial power to make final decisions.

The Silk Road of Social Partnership

The article discusses the prospects and impediments of collective bargaining legislation’s harmonization of six participants (China, Kazakhstan, Russia, Belarus, Poland, and Germany) in the railway project that has linked China and Europe and has become an integral part of the New Silk Road global initiative. To this effect, the authors have analyzed transnational companies’ experience in making collective contracts and have assessed the degree of the impact of international treaties on the aforementioned countries’ legislation in terms of their involvement in various international organizations’ activities and ratification of the most significant international acts. Based on a comparative analysis of a collective contract’s legislation, the authors have singled out some key features influencing transnational companies’ collective bargaining practices. The analysis revealed the norms and practices that impede and/or boost the extraterritorial application of transnational companies’ collective contracts. Since the countries are members of various international organizations, the international acts on freedom of collective bargaining made it possible to identify legal grounds for distinctions between the social partnership’s legal policies. A meticulous study of individual transnational companies’ collective bargaining agreements and practices enabled the authors to identify systemic links and the Transnational Companies’ (hereinafter – TNCs) practice of determinism due to international regulation and the laws of the country of origin. The research revealed the principal steps forward which should be taken to resolve the issues of extraterritorial application of TNCs’ collective agreements.

Disappearing bargain and technical sharing: the sociocultural influence of mobile payment in China

Unlike previous research that concentrated on mobile payment’s attributes in influencing user adoption decisions, this study focuses on the cultural norms and social environments in which mobile payments are conducted. This study aims to clarify the sociocultural influences of mobile payment systems based on in-depth interviews and participant observations in the Machong town market in China. In the analysis of substantive and instrumental perspectives on the influence of technology, this study found that the entrenched cultural practice of bargaining in China has been disrupted by the widespread adoption of mobile payment technology and supplanted by the new cultural practice of technical sharing, which is becoming increasingly entrenched in the continuing adoption of technology. The findings of this study suggest that technological and commercial logics have powerful reductionist effects on the imagination in technology use and design. To overcome these effects, we propose a co-exploration paradigm for use in the future development of mobile payment technology.

Enablers of the Collective Bargaining in Industrial Relations: A Study of India’s Industrial Policies Through ISM and MICMAC Analysis

Industrial disputes result in a loss of work days, resources and also put a lot of pressure on employers, employees and the Government. Collective bargaining as a bipartite process is an effective mechanism to resolve disputes through the negotiation between employee and employer representatives. The study aims to identify the ‘enablers’, i.e. factors that permit and encourage collective bargaining in an industry. Through this study, the researchers have attempted to identify the nature of the relation and linkages between the factors identified. The research was undertaken in three major parts. In the initial part of the study, the enablers were identified through extant literature review. These factors were then validated with basic statistics in the second part of the research. In the final part, Interpretative Structural Modelling and MICMAC analysis was performed to arrive at a model highlighting the nature of relationship between the identified factors. Case studies on collective bargaining practices were studied to further validate the enablers. The ISM model for the enablers of collective bargaining had four levels, from the model awareness about law emerged as the most important enabler. MICMAC analysis further classified the enablers and disablers as driving, dependent, linkage and autonomous factors. The research is unique as it attempts to propose a model through the expert opinion on industrial relations manager, trade union representatives, employees’ representatives, management and experts from academia. To the researcher’s knowledge, there has been no significant contribution in the area of proposing a model for the enablers of collective bargaining through ISM and MICMAC. The researchers have also studied case studies related to the practices of collective bargaining in industries. The identified and validated factors would be useful to stakeholders in collective bargaining to design policies to ensure the effectiveness of the process.

In the Name of the Working Class: Narratives of Labour Activism in Contemporary ChinaHolland Prize Winner

Since their appearance in the mid-1990s, Chinese labour NGOs have mostly focused on disseminating labour law and guiding labour disputes through official channels. In so doing, they have assisted the Chinese Communist Party in achieving its paramount goal of maintaining social stability. In line with this approach, activists in these organizations have traditionally framed their work in terms of "public interest" or "legality," both of which resonate with the hegemonic discourses of the Party-state. However, earlier this decade a minority of Chinese labour activists began to employ some new counterhegemonic narratives centred on the experience of the labour movement and the practice of collective bargaining that attempted to recode the proletarian experience outside of its official representation. In this paper we analyze this discursive shift through the voices of the activists involved, and argue that the rise of these new counterhegemonic voices was one of the reasons that led to the Party-state cracking down on labour NGOs.

How does State-led decentralization affect workplace employment relations? The French case in a comparative perspective

We examine the effects of State-led decentralization of collective bargaining on workplace employment relations. After exploring the development of company-level collective bargaining in France in the broader European context, we analyse intra-national variations in social dialogue practices across companies and workplaces, and propose a classification of four workplace clusters. As the decentralization process varies in its extent and in nature between types of workplace, we argue that the diversity of workplace practices is best explained by contrasting reactions to legal requirements. Nevertheless, these requirements have standardizing effects on certain bargaining practices, which might in turn lead to the impoverishment of the collective bargaining process.