Collective Labour Disputes Research Articles

Study on Settlement Mechanism of Collective Labor Dispute in China

More and more mass disturbances come into people’s sight that are caused by contradiction between labor and capital, which highlights disharmony of the relationship between labor and capital in the reform and economic system and in the process of economic marketization and globalization. This arouses our legal consideration in construction of the settlement mechanism of collective labor dispute. We should flexibly call the traditional labor organization pattern, namely, the system of workers and staff congress, construct and improve the early warning mechanism of labor relationship and enhance the settlement mechanism of the current collective labor dispute.

Quantification of Productivity Changes Due to Work Schedule Changes in Construction Projects: A Case Study

In a copper-molybdenum open pit mine in Chile, a collective labor dispute in April 2012 halted work on the site; the main problem was the negotiation of unified work schedules for contractors, subcontractors and their own staff. To avoid conflicts that could delay this project, the parties agreed to submit to arbitration by an external agency, to determine and quantify the existence of lost productivity caused by the change of work schedules. The external agency considered three basic elements: a) the temporal dimension to allow the comparison of two work schedules, b) the acceptable range of productivity losses associated with these schedules; and c) an unbiased mechanism to allocate a productivity loss within the range associated with each schedule. This paper presents the analysis of productivity loss when work schedules are extended, the method utilized, and the results obtained. This probabilistic model randomly assigns discrete values of productivity loss for each day of the work schedules, and uses inefficiency ranges from industry research; this allows a non-biased, easy to implement, comparison of work schedules.

Labour Disputes in Lithuania: Results of Legal Development and Future Prospects

The article analyses the Lithuanian labour dispute system, its specific regulatory features and problems arising in labour dispute resolution practices. Over the past decade, a procedure for initiating collective labour disputes in Lithuania has been exposed to a series of reforms, the system has been designed for a collective dispute resolution through mediation services, and legal regulation of organizing and taking part in strikes has been reformed. The paper further investigates the outcomes and effects of these lawmaking processes as well as reviews and assesses a new model of an individual labour dispute resolution system in effect from 1 January 2013 with a focus on the existing legal regulation of the institute of labour disputes and consequent generalisations and formulations on proposals for improving it. Darbo ginčų institutas Lietuvoje: teisinių mechanizmų pokyčiai, jų rezultatai ir ateities perspektyvos Santrauka Straipsnyje  analizuojama  Lietuvoje  egzistuojanti  darbo  ginčų  sistema,  jos  teisinio  reguliavimo  ypatumai  ir  darbo  ginčų nagrinėjimo praktikos problemos. Lietuvoje per pastarąjį dešimtmetį buvo ne kartą reformuota kolektyvinių darbo ginčų inicijavimo tvarka, sukurta šių ginčų sprendimo pasitelkiant tarpininko paslaugas, sistema, reformuotas streikų organizavimo ir vykdymo teisinis reguliavimas. Straipsnyje analizuojami šių teisėkūros procesų rezultatai ir jų padariniai. Apžvelgiama ir vertinama nuo 2013 m. sausio 1 d. įsigaliojusi naujo modelio individualių darbo ginčų sprendimo sistema, vertinamas egzistuojantis teisinis darbo ginčų instituto reguliavimas, daromi apibendrinimai, formuluojami pasiūlymai jį tobulinti. Reikšminiai žodžiai: darbo ginčai, alternatyvūs darbo ginčo sprendimo būdai, darbo santykiai, darbo teisė.

Employment relationships in the public sector – a balance between the state, local and autonomous regulations

This article analyses the role of the state as well as the roles of the regional and local authorities in the legal regulation of employment relationships with special attention on the public sector. The objective of this article is to identify the principles of international law that may serve as the demarcation line between the authoritative state regulation of employment relationships in the public sector and other kinds of regulation of these relationships. The main goal of the research is to present and evaluate the central international legislative acts with the aim to identify principles that can serve as a tool for evaluating the internal legislative processes. The main finding of the research is that the collective labour law of the public sector may not be proclaimed as being wholly in accordance with the modern labour law principles and standards, namely, that the important value of the freedom of collective bargaining is missing as are mechanisms for the effective prevention and resolution of collective labour disputes. In this regard, this article emphasises the role of decentralised social dialogue in the public sector including local levels, which is not present in Slovenia; however, the article may provide essential information, especially in the area of conflict prevention and resolution between public authorities and civil servants.

Процедурный и процессуальный механизм реализации норм при разрешении коллективных трудовых споров в Республике Беларусь

Accurately installed procedural and process mechanism of realization of norms is necessary for achievement of expected result at permission of collective labour disputes, in this regard in article various approaches of scientists to concept of process and procedure are considered. The axiom of procedural legal relationship on permission of collective labour disputes is allocated. As a scientific hypothesis authors make offers concerning an integration of universal legal procedures pro­perly in the form of serving norms in legal relationship about individual and collective labour disputes.

The Court of Justice as a Labour Court

AbstractMany legal systems have specialist labour courts with jurisdiction over individual employment disputes or collective labour disputes or both. The literature identifies a number of possible justifications for the use of specialist labour courts. This chapter will engage in a critical examination of this literature in order to develop a framework for analysing the performance of courts (whether specialist or otherwise) in deciding labour law cases. We shall then apply that framework to some of the recent case law of the Court of Justice of the European Union.

The Court of Justice as a Labour Court

Abstract Many legal systems have specialist labour courts with jurisdiction over individual employment disputes or collective labour disputes or both. The literature identifies a number of possible justifications for the use of specialist labour courts. This chapter will engage in a critical examination of this literature in order to develop a framework for analysing the performance of courts (whether specialist or otherwise) in deciding labour law cases. We shall then apply that framework to some of the recent case law of the Court of Justice of the European Union.

6 The Court of Justice as a Labour Court

AbstractMany legal systems have specialist labour courts with jurisdiction over individual employment disputes or collective labour disputes or both. The literature identifies a number of possible justifications for the use of specialist labour courts. This chapter will engage in a critical examination of this literature in order to develop a framework for analysing the performance of courts (whether specialist or otherwise) in deciding labour law cases. We shall then apply that framework to some of the recent case law of the Court of Justice of the European Union.

Arbitrating Labor Disputes in Switzerland

Long regarded as against nature, the relationship between arbitration and labor law has generated a growing interest in recent years, with the realization that arbitration can be an effective tool for the resolution of individual employment disputes, especially for top-level managers or international athletes. The Swiss system broadly recognizes the arbitrability of individual employment disputes on an international level. On a domestic level, arbitrability of individual employment disputes is more limited following a decision of the Swiss Federal Tribunal of June 28, 2010. However, under the new Swiss Civil Code of Procedure, which will enter into force on January 1, 2011, parties to domestic arbitration agreements will be able to opt into the international regime and therefore possibly circumvent such limitation. Furthermore, the article discusses particularities related to arbitration agreements in collective employment contracts, as well as arbitration of collective labor disputes.

CHINESE LABOUR CONTRACT ARBITRATION: ‘NO UNION, NO PROBLEM’

There has been an explosion of labour contract disputes in China. As individual and collective labour disputes have increased, the Chinese government has encouraged the channelling of these disputes into the mediation and arbitration process and away from street protests, spontaneous strikes, and other collective action. To date, the research on the performance of labour arbitration indicates mixed results, and is largely based on qualitative research. Consequently there is limited empirical evidence on which to assess how workers and employers rate their Labour Arbitration Bureau (LAB) dispute resolution experience. In the first study which uses quantitative survey data to explore this issue, we examine participant attitudes towards arbitration. Using a survey administered to disputants (employer and employees) in the city of Dalian, Liaoning Province, we examine the extent to which labour arbitration has met the needs of the parties. Qualitative interviews with disputants and lead arbitrators were used to triangulate survey findings. Contrary to expectations, our survey data indicate that unions were not generally involved in advocating for the rights of the employee. Nonetheless, respondents in our study reported high levels of satisfaction with the arbitration process on a range of procedural due process and substantive due process measures. Results suggest disputants were typically satisfied with the arbitration, believed that the arbitration was fair, and were willing to recommend it to others as a method for resolving labour contract disputes. Demographic data indicate that the process was also inclusive, with less educated workers, migrant workers, and women, all participating.

The characteristics and historical development of labour disputes in China

PurposeThe purpose of this paper is to analyse the historical development and characteristics of labour disputes in China, including their growth, collective disputes, regional differences, direct causes and the impact of economic ownership on labour disputes.Design/methodology/approachThis paper critically reviews the existing literature and analyses official government statistics.FindingsIndividual and collective labour disputes have been on the rise since 1978 when China embarked on market‐oriented economic reforms. The considerable regional variations in labour disputes are closely associated with regional economic growth, the restructuring of state‐owned enterprises (SOEs) and development of non‐SOEs. While non‐payment or delayed payment, job losses and industrial accidents resulting from poor labour protection are the three major causes of labour disputes, management corruption and mismanagement sometimes fuel the anger of already disgruntled workers. The nature of economic ownership also impacts on how labour conflicts occur.Originality/valueThis paper investigates labour disputes in China, an important phenomenon which is currently increasing but has not been much studied. It therefore develops a better understanding of their historical development and characteristics. Such an understanding is critical to resolving labour disputes and preventing them from occurring in the future.

The resolution of collective labour disputes in Serbia

SEER Journal for Labour and Social Affairs in Eastern Europe , Seite 111 - 119

La grève : rôles des acteurs sociaux et étatiques

The strike, mode of pressure and expression of workers in conflict, undergoes on a historical development from prohibition to an institutionalization based on mistrust. As a phenomenon infra and beyond the law, it challenges the social partners and the public authority inside the State. In Belgium, facing an increasing recourse to tribunals in matters of collective labor disputes, these various actors were brought to take position. The social partners have concluded a gentleman’s agreement. This one does not close the debate relating to the need or not for changing the law about the right of strike. A framework exists. It is given mainly by the European social Charter. The definition of the strike, its finalities and its actors includes traps and dangers. Any approach of this matter is used for taking into account the fact that the strike constitutes a indisputable component of the social and economic democracy.

6. In the Case Concerning Verification of the Constitutionality of Article 12 of the Law of the USSR “On the Procedure for the Resolution of Collective Labor Disputes (Conflicts)” of 9 October 1989 (As Amended on 20 May 1991) In the Part Prohibiting the Conduct of Strikes by Civil Aviation Workers, in Connection with the Appeal of the flight crew

6. In the Case Concerning Verification of the Constitutionality of Article 12 of the Law of the USSR “On the Procedure for the Resolution of Collective Labor Disputes (Conflicts)” of 9 October 1989 (As Amended on 20 May 1991) In the Part Prohibiting the Conduct of Strikes by Civil Aviation Workers, in Connection with the Appeal of the flight crew

Collective Labour Disputes in São Paulo: Will the Parties Continue to Utilise the Labour Court?

Collective Labour Disputes in São Paulo: Will the Parties Continue to Utilise the Labour Court?

The prevention and settlement of collective labour disputes in the United Kingdom

Sid Kessler traces trends and developments in the prevention and settlement of British labour disputes since 1968 in the context of the wider industrial relations system. He then considers the present law in relation to such disputes and discusses current systems for their prevention and settlement, in particular, the work of the Advisory, Conciliation and Arbitration Service.

Prevention and Settlement of Collective Labour Disputes in the EEC Countries—Part II

Journal Article Prevention and Settlement of Collective Labour Disputes in the EEC Countries—Part II Get access Roger Blanpain Roger Blanpain Director of the Institute for Labour Relations *University of Leuven Law SchoolBelgium Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, Volume 1, Issue 1, 1972, Pages 143–158, https://doi.org/10.1093/ilj/1.1.143 Published: 01 June 1972

Prevention and Settlement of Collective Labour Disputes in the EEC Countries—Part I

Prevention and Settlement of Collective Labour Disputes in the EEC Countries—Part I

The Adjudication of Collective Labor Disputes in Italy

I. Comparison of the Italian system with earlier arbitration schemes, 456. — II. Decisions handed down in the judicial type of collective labor dispute, 458.— III. Decisions in the economic type of dispute: rice washers, 461; sailors' wages, 463; rice field workers, 464; rice washers, 465; farm laborers in Rovigo, 467; steamship officers, 468; the silk industry, 469.— IV. Paucity of decisions, 472. — Satisfactory and unsatisfactory aspects of the courts' structure and procedure, 472. Evaluation of their services, 473.