Tripartite Commission Research Articles

ОТРАСЛЕВЫЕ ФОРМЫ РЕГУЛИРОВАНИЯ СОЦИАЛЬНО-ТРУДОВЫХ ОТНОШЕНИЙ: РЕГИОНАЛЬНЫЙ АСПЕКТ

In this article, the author examines the system of regulation of social and labor relations at sectoral enterprises of the machine-building industry in the region. The study of the contribution of the industrial potential of the machine-building industry to the economy of the region and the country has been carried out. The goals and objectives of trade unions in the system of social partnership, legislative and legal acts regulating labor relations at the regional level are analyzed, the structure of the republican sectoral tripartite commission is shown and examples of the implementation of republican sectoral agreements and collective agreements of enterprises are presented. The author identified the possible risks of legal uncertainty in the regulation of social and labor relations at the regional sectoral level. New forms and mechanisms of interaction with Russian industrial corporations for solving social and economic issues of labor collectives have been formulated and proposed. The conclusion of corporate agreements is becoming one of the key benchmarks.

Mínimo vital y salario mínimo, en la política laboral mexicana desde la filosofía política

El mínimo vital es una concepción que sirve para determinar el nivel más básico de requerimientos de los cuales se vale una persona para su subsistencia y satisfacer sus necesidades más apremiantes, entendidas así desde la perspectiva de los derechos humanos. El salario mínimo en México, determinado por una comisión tripartita tendría que contemplar estos aspectos para recuperar el poder adquisitivo que tal elemento componente de los derechos laborales ha perdido en México y que este (el salario mínimo) deje de servir sólo como un indicador para la imposición de multas y referente de empleos infra retribuidos, para recuperar lo que a mediados del siglo pasado fue, un parámetro de retribución equitativa al trabajo, que permita la subsistencia digna de la persona. Después de una revisión comparativa del salario mínimo en México con el de otros países de Latinoamérica, se identificó que este indicador en México es de los más bajos es esta región, se concluye que la adecuación y aumento del salario mínimo en México, si bien ajustada en la actual administración federal, resulta necesario que se siga aumentando y se hace una propuesta.

About development of social partnership in the agricultural sector of the Kursk region

In connection with the spread of coronavirus infection in end of April, a meeting took place by correspondence Kursk regional tripartite Commission on regulation of social-labor relations to discuss current issues, including "About implementation of the decision of the Kursk regional tripartite Commission on regulation socially-labour relations of 23 April 2018 No. 2 on the issue "About the state and measures for further development of social partnership in the agro-industrial complex".

Summary of the Operation of the Tripartite Commission for Socio-Economic Affairs in 2001–2015.The Case of Polish Social Dialogue at National Level

Summary of the Operation of the Tripartite Commission for Socio-Economic Affairs in 2001–2015.The Case of Polish Social Dialogue at National Level

The International Olympic Committee’s Tripartite Commission and Its Influence on the Foundation of the Athletes’ Commission

In this paper, the foundation of the International Olympic Committee (IOC)'s Athletes’ Commission (AC) is the focus. A research gap will be filled by analyzing the processes and decisions which led to the establishment of the AC at the meeting of the IOC Executive Board in Sarajevo in December 1981. The study shows that the need to implement an athletes’ representation within the IOC was already developed in the preparation before the Xth Olympic Congress in Varna in 1973. In the run up of the XIth Olympic Congress in Baden-Baden 1981 and through the Olympic reform agenda of Samaranch the momentum increased. The mentioning of the IOC’s Tripartite Commission is also new to research. The Commission itself and its foundation process has not been analyzed in research yet; this is also true for the Commission’s important role in the foundation of the AC. Hence, the minutes of this Commission have been as useful as the minutes of the IOC’s Executive Board for the research presented.

Деятельность Российской трехсторонней комиссии как макроаспект развития социального диалога

Деятельность Российской трехсторонней комиссии как макроаспект развития социального диалога

La internacionalización de Antioquia en el marco institucional

Objetivo: determinar la importancia de la internacionalización del departamento de Antioquia que se ha gestado desde la Gobernación para el logro de la promoción del desarrollo regional, bajo la perspectiva de globalización e internacionalización.Metodología: se hizo una revisión documental de los planes estratégicos y de los planes de desarrollo departamentales del período 2004-2015. Se revisaron los programas y proyectos que fueron definidos por la Gobernación de Antioquia con miras a lograr un cambio en el modelo de desarrollo en competitividad e internacionalización para la región.Resultados: durante el período 2004-2015, los gobiernos departamentales establecieron programas y proyectos para la integración regional como el pilar necesario en la generación de oportunidades de internacionalización para el territorio. Se formalizó la Comisión Tripartita, instancia intergubernamental que viene consolidándose como la encargada de liderar la política regional de competitividad, productividad y la internacionalización de la región antioqueña.Conclusiones: si bien ha habido avances importantes, así como intentos de alianzas estratégicas entre Medellín y Antioquia, se presentan retos que van más allá de la capacidad institucional. Esto ha ocasionado un “derrame” de los beneficios de la internacionalización de Medellín hacia los municipios antioqueños más cercanos a la capital. En este sentido, el mayor esfuerzo económico y estratégico lo realiza Medellín, aprovechando la institucionalidad que ha sido creada para ese fin. En tanto, Antioquia aprovecha parte de esos beneficios a través de algunos de sus municipios más cercanos a la capital.

Federalism, the economic-industrial health care complex and high-cost pharmaceutical assistance in Brazil.

Brazil has a relevant, although relatively unknown, special medicines programme that distributes high-cost products, such as drugs needed for cancer treatments. In 2009, the purchase of these medicines became the responsibility of the Brazilian Federal Government. Until then, there were no clear norms regarding the responsibilities, in terms of the management/financing of these medicines, of the Brazilian Federal Government and of the states themselves. This qualitative study analyses the policy process needed to transfer this programme to the central government. The study examines the reports of the Tripartite Commission between 2000 and 2012, and in-depth interviews with eleven key informants were conducted. The study demonstrates that throughout the last decade, institutional changes have been made in regard to the federal management of these programmes (such as recentralisation of the purchasing of medicines). It concludes that these changes can be explained because of the efficiency of the coordinating mechanisms of the Federal Government. These findings reinforce the idea that the Ministry of Health is the main driver of public health policies, and it has opted for the recentralisation of activities as a result of the development project implicit in the agenda of the Industrial and Economic Heal.

Goodbye to sandblasting?

REPORT"I GARMENTSINDUSTRY Goodbye to sandblasting? Jeans are a way oflifeformany people, butfor sandblasting workerstheycan be a way ofdeath LAURA CARTER isPolicy Assistant to the General Secretary of the International Textile, Garment and Leather Woricers Federation in Brussels Jeans for ment sandblasting are industry a way they of workers life can for be in many a way the people, global ofdeath. garbut Jeans forsandblasting workersin the global garmentindustry theycan be a wayofdeath. Therearea number ofwaysofmaking a new pairofjeanslook likesomething a construction worker haswornevery dayfora year,and some aresafer thanothers. Sandblasting became the methodof choice becauseofthesoft wornlookitcreates. Forworkers ,though, sandblasting is a killer. Eighty years ago,theWorldHealthOrganisation was warning of its dangers.In the sixties,EuropeanUnion member states begantoregulate orbanit.In2009, itwas outlawed inTurkey. Yettoday thousands of workers around theworldcontinue tobe exposed toitsdeadlydangers. Yearsofpressure byunionsandactivist groups to ban sandblasting are now starting to pay off. Eighteenmonthsago, Levi Straussand H&M becamethefirst tobantheuse ofsandblasting in their supplychains.In 2011,theITGLWF worked witha numberof brandsto develop a Call to Action, and efforts areunderway toreachcritical mass.To datetheCalltoAction has been signed by AuroraFashions,Bestseller, C&A,Carrefour, Esprit,Hennes & MauritzAB (H&M), Inditex, Karen Millen,Levi Strauss& Co, New Look, Tchiboand VFC.Meanwhile, a number ofother brandshaveannouncedthey willban sandblastingfollowing pressure from labourrights groups. Butmorestillneeds to be done to drivekiller jeansoutoffashion. Everybreathan ordeal Sandblasting releases silica dust which,when inhaled,causes infection and scarringin the lungs.Continued exposurecancause silicosis, an incurabledisease thatworsensover timeeven after exposurestops.Acutesilicosis, whichdevelops as a result ofexposure tohighconcentrations ofsanddust,can cause deathbysuffocation. Breathing is something we alltakeforgranted. Butforthoseaffected by silicosis, everybreath becomesan ordeal.Walking can be exhausting. A commoncold can becomea deathsentence. In Turkey, theonlycountry so farwherethe effects of denimsandblasting have come under scrutiny, 550 former sandblasting workers have been diagnosedwithsilicosissince2005and 46 have so fardied ofthedisease.These officiallydocumented cases arejustthetipoftheiceberg bothinTurkey and globally. Itwas onlybychancethat thelinkbetweensilicosis and the garment industry was detected, whenan astute military doctorinEastern Turkey linkedthe shortness of breathof manyyoung conscriptsto their previous employmentin Istanbul's denimfactories. In some communities inthat region, every family hasatleastone memberaffected bythedisease. Theworkers hadallworked forrelatively short periods-on averagetwoyears, andinsomecase foras little as twelvemonths - during whichtime theyhad spentlonghoursinunventilated workshops . Workers said the workshopbecame so filled withdustthattheycould barelyeven see thejeansthey weresanding, Manyoftheir co-workers weremigrant workerswho havesincereturned to their own countries - Azerbaijan, Moldova,Georgia,Romaniawhereifthey fallillthey arelesslikely tobe diagnosedas suffering from an occupational disease. InIstanbul itwasn'tjustthesandblasting workerswhobecameill - itwas also their co-workers in othersections, thoseemployedin theoffices upstairs and even the children who livednext door. Turkishban In 2008,theCommittee forSolidarity withDenim Sandblasting Workers was formed tofight for the rights ofthoseaffected. Thegroupbrings togetherworkers , tradeunions,doctors, lawyers, artists and representatives ofpolitical parties. Research conducted bythegroupshowedthat manyof theleadingjeans producers in Turkey subcontracted the finishing process,mainlyto clandestine, unregistered workshops. As a result many oftheworkers wereemployed illegally, did nothave socialsecurity coverageand couldnot showproofofemployment. The committee is working to gettheTurkish authorities to accepttheir shareofresponsibility and has also emphasisedtheresponsibilities of the big fashionindustry names that have a responsibility towards theworkers who produce their goods. The committee has drawnup a listofnational and international demands.Itwantssandblasting to be outlawedworldwide. Itwantsthegovernmentto pay fortreatment, pensionsand compensation fortheworkers affected, regardless of whether Turkish nationals, legalor illegalimmigrants . Itis callingfora tripartite commission of therelevant ministries and socialpartners to be set up to help workers in dealingwithofficialdom ,and is demanding thatworkers who have takentheircases to courtbe exemptof court fees.Itwantspublicauthorities that havefailed to carry outthenecessary inspections and notperformed their dutiesto be brought tojustice. The committee is also demanding thatbrandstake responsibility forthedamagedone and ensure thatpropermedicalcareand compensations are giventothevictims ofsandblasting. Thecommittee achieveda significant victory in April 2009whenthegovernment bannedtheuse ofsandblasting inthejeansindustry. INTERNATIONAL union rights Page 24Volume 19Issue 1201 2 REPORT□ GARMENTSINDUSTRY However, theuse ofsandblasting simply shifted to othercountries, includingChina,India, Bangladesh andEgypt. Giventhelackofeffective regulation intheTurkish garment industry there is concern thatsandblasting maystillbe occurring inillegalandunregulated workshops. Demands foraction The ITGLWFis callingon itsaffiliates to take thelead indemanding action.Unionsshouldbe investigating the use of sandblasting in their respective countries. Whereitexists, they should campaignto eliminatethe practiceand exert pressure toensurethat pastandpresent workers are testedand thatthoseaffected receiveadequate medicalcare as well as compensation. Workers shouldbe made awareof thedangers andoftheneedforstrong unionorganisation as wellas meaningful worker participation infactorysafety programmes to protect themfrom such abuses. Unionsshouldalso workto makeconsumers awareof the horrors of sandblasted jeans. An outright boycott is notpossiblebecause it isn't possibletotellthedifference betweensandblastingandother methods suchas scraping orusing a laser...

El nuevo modelo normativo de la negociación colectiva. Algunas de sus repercusiones en la CAPV

The present article attempts to analyse the essential elements of the new legal frame of the collective bargaining. In this field, the 3/2012 law represents a qualitative leap and includes some alterations that could generate very profound changes in the collective labour relations model both in the short and medium terms. The collective labour relations would change mainly, but not only, with the inclusion of an intentional regulation which would limit the validity of the collective agreements, effecting in a significant way the working conditions collectively agreed. They would also change with the possibility of partially not applying the statutory agreements due to the daily intervention of a tripartite commission when there is no agreement of the parties involved. This article concludes with an approximation to the impact of these regulatory changes in the specific situation of the collective bargaining in the Autonomous Community of the Basque Country.

Social dialogue and industrial relations in South Korea: Has the tripartite commission been successful?

AbstractThis paper analyses the sweeping changes in industrial relations in South Korea that have taken place since democratisation in 1987, which gave workers the right to organise themselves, and critically reviews the development of social dialogue since the financial crisis of 1997. A number of international labour specialists have maintained that social dialogue plays an important role in enhancing economic restructuring and the stability of industrial relations in order to compete in a global economy. Contrary to the positive assessment of social dialogue, the paper argues that the Korean Tripartite Commission has not reduced the antagonism between unions and employer organisations due to the influence of embedded, state‐led economic development. The financial crisis of 1997 merely provided a catalyst to propel the ‘historic compromise’ of February 1998, without creating effective institutional arrangements to maintain social dialogue. It is worth noting that the uncertainty of social dialogue results from the inability of the Korean Tripartite Commission to encourage employers and workers to trade off wage restraint for job security in the context of a lack of social welfare protections. The paralysed Korean Tripartite Commission provides fertile ground for reflecting on the complex relationship between social dialogue and institutional arrangements.

Síndrome disfônica ocupacional: novos aspectos desta entidade nosológica

INTRODUÇÃO: Professores apresentam frequentemente disfunções fonatórias que se beneficiam de medidas preventivas. OBJETIVO: Determinar a prevalência da síndrome disfônica em professores e verificar a evolução deste índice com técnicas de prevenção primária. MÉTODO: Foi realizado um estudo de corte transversal em professores em duas épocas distintas: na fase 1 participaram 101 professores e, na fase 2, 148 professores. A estes dois grupos foi aplicado o questionário elaborado pela Comissão Tripartite de Normatização da Voz Profissional. RESULTADOS: A prevalência da síndrome disfônica na primeira fase foi de 70,3%, enquanto que na segunda fase foi de 57,59%. CONCLUSÃO: 1ª a prevalência da síndrome disfônica sofreu redução significativa com a implementação do controle médico preventivo e da organização do trabalho. 2ª a síndrome disfônica é uma nova entidade nosológica. Estudo epidemiológico de corte transversal. Estudo de série.

Questionário de auto-avaliação vocal: instrumento epidemiológico de controle da síndrome disfônica ocupacional em professores

INTRODUÇÃO: A síndrome disfônica é uma doença ocupacional de alta prevalência na população de professores. OBJETIVO: A fim de abordar preventivamente a agressão vocal, procurou-se padronizar um questionário de autoavaliação para professores de todos os níveis de ensino, incluindo além dos sintomas clínicos também os fatores da organização do trabalho. MÉTODO: Foi realizado um estudo de corte transversal em 328 professores de 4 instituições de ensino da região norte de São Paulo, aos quais aplicou-se um questionário de auto-avaliação elaborado pela Comissão Tripartite de Normatização para a Voz Profissional. RESULTADOS: Determinou-se a prevalência dos sintomas clínicos que compõem a síndrome disfônica, assim como retratou-se a organização do trabalho e qualidade de vida desta população. CONCLUSÃO: O questionário aplicado mostrou-se satisfatório na descrição e elaboração de parâmetros com o objetivo de implementação de programas preventivos para populações expostas à sobrecarga profissional do uso da voz. Estudo de caso.

Korean Social Concertation at the Crossroads: Consolidation or Deterioration?

Since South Korea made a historic social pact in 1998 amid the Asian financial crisis, a newly established presidential committee, the Korea Tripartite Commission, has become a center of social concertation. The Korean case signifies the need to complement the theory of social concertation with a new set of hypotheses concerning structural factors, with particular attention to industrial structure and the mode of labor movement.

Labor and Politics in East Asia: The Case of Failure of the Encompassing Labor Organization in Korea

Olsonian theory supposes that when labor unions are organized in an encompassing manner at the industrial and national levels, they can better prevent collective action problems and bring about more stable industrial relations. This theory regards the encompassing labor organization as a positive institution. However, the Korean case shows weak theoretical and empirical relevance for the proposition, as institutionalized talks between government, business, and labor did not contribute to establishing stability in industrial relations. In some respects, the situation only worsened. The Korean case therefore suggests that the optimistic propositions of encompassing organizations of labor require a careful reassessment. Key words: South Korea, economic development in East Asia, industrial relations Introduction The East Asian developmental state model that achieved industrialization through the state's strategic intervention has been challenged since the late 1990s by the neo-liberal paradigm, which emphasizes free markets and comparative advantage in international trade. East Asian states enforced market-oriented policies to create a more flexible labor market and a more competitive corporate structure. In the case of Japan, however, the unemployment rate increased owing to the corporate structural adjustment drive implemented during its long-term depression in the 1990s, which made employment and subsistence of labor the focal point of industrial relations. In an attempt to overcome the crisis, the employers' organization and the federation of unions reached an agreement on the stability of employment.1 It has been argued that the joint consultation system based upon harmony and cooperation contributed to the stabilization of industrial relations and the recovery of the economy in Japan. What about the case of Korea? The Kim Dae-jung government (1998-2003) initiated a social pact between the government, business, and labor in an attempt to overcome the economic crisis of 1997. It launched the Tripartite Commission on January 15, 1998 and succeeded in persuading business and labor to reach the so-called 9 February Social Pact, which stipulated a mass redundancy of regular workers and dispatched workers. However, the Tripartite Commission, in effect, stopped operating as the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU) had seceded from it in February and April 1999, respectively. The third period of the Tripartite Commission was reluctantly resumed in September 1999, but the KCTU still refused to return to the bargaining table. The socioeconomic condition of the concluding social pact in 1998 was poor. Since his days as a presidential candidate, Kim Dae-jung had considered introducing social corporatism2 as well as a tripartite social pact with a focus on realizing stable industrial relations.3 However, the 9 February Social Pact of 1998 was the result of the government's coerced political bargaining between business and labor. It did not result from a rational choice of participating actors. The existing studies proposing to introduce a social pact in Korea expected that the corporatist way of interest mediation would contribute to economic stabilization and development.4 It was based upon the Olsonian logic that the stability of industrial relations can be better achieved when labor organizations are encompassing-that is to say, when they are centrally organized at an industrial or a national level rather than consisting of individual, firm-based labor organizations such as are usually found in the Anglo-American world.5 However, the social pact lasted for only a year in Korea. Since 1999, it has not been revived. Neither business nor labor appears to have any intentions to continue working on interest mediation through the Tripartite Commission. Moreover, it is doubtful that the Tripartite Commission had practically contributed to creating stable industrial relations. …

Allergie alimentaire à l'école : doit-on prescrire de l'adrénaline dès l'urticaire généralisée ?

It's obvious that epinephrine should not be used for the treatment of generalized urticaria without hemodynamic perturbations. However, the purpose of this discussion is to defend epinephrine prescription (and not necessarily it's administration) as possible first aid treatment in a very precise situation, which concern children with a history of generalized urticaria due to confirmed food allergy. This position was defined, after careful examination of scientific evidences in the literature, by the French “tripartite commission” and published under the title “Conditions to establish a project for individualized management at school of children at risk for food allergy emergencies” in 2003 in this journal. This paper resume the main points supporting this statement.

Employment Termination and Job Security Under New Turkish Labour Act

The new Turkish Labour Act became effective on 10 June 2003. Its adoption was a major and innovative event in labour law and industrial relations trying to keep abreast of the Community acquis and other developments in the field. Bringing labour legislation into line with the Community acquis, together with the aims of promotion of more and better employment and more qualitative approach to industrial relations, and enhancement of social dialogue, were the challenges for Turkey in the preparation of the new act. In June 2001, the Ministry of Labour and Social Security formed a tripartite commission composed of nine university professors, three appointed by the Government, three by the Turkish Confederation of Employers' Association (TISK) and one by each of the three labour confederations (Turk-Is, Hak-Is, Disk). This commission had the task of preparing a new Labour Act. Although the social partners declared in writing that they would not object to the proposed draft, the Minister of Labour and Social Security consulted management and labour in February and March 2003 on the content of the proposed draft completed by the Commission in June 2002. The draft was assessed at several meetings with the participation of social partners and apart from two articles there was consensus. In spite of this, the workers' confederations started severely criticizing the draft following its submission to the legislature. Criticisms were concentrated on job security, flexitime and atypical types of employment. In the meantime, the Job Security Act, enacted in August 2002, became effective on 15 March 2003.' This Act was modelled on the ILO Convention concerning Termination of Employment at the Initiative of the Employer (C 158, 1982)2 ratified by Turkey in 1994. It increased protection against dismissal, amending the relevant provisions of the abrogated Labour Act and the extant Unions Act. Job Security Act was the last act enacted by the legislature prior to the November 2002 general elections. Management circles stated that its enactment had a populist attitude and criticized the act severely for having gone too far in protecting the workers against dismissal and placing employers under the burden of proof. Employers also demanded regulation of flexitime and flexible forms of employment. For reasons of maintaining equilibrium between management and labour, the legislature wanted to enact the Labour Act in March 2003 but, seeing its impossibility, it postponed the effective date of the Job Security Act to 30 June 2003 by Act no. 4828 and suspended its discussions on the

Electricity industry restructuring revisited: the case of Korea

In 2004, the Korean Government suspended its electricity market reform based on the two-thirds majority recommendation of a six-member joint study team. This suspension effectively interrupts the basic plan adopted in 1998 by the previous administration to divest and privatize Korea Electric Power Corporation's (KEPCO's) generation segment in 2000–2002, implement transmission open access and wholesale competition by 2008, and introduce retail competition thereafter. This policy-decision followed the controversial debate on electricity market reform in Korea. Reform proponents claim that electricity can be treated as ordinary goods exchangeable in the competitive market, and any problems caused by the transition to the market system are manageable. By contrast, reform opponents argue that effective competition of the power industry is not yet feasible due to the idiosyncratic nature of electricity (e.g., low-price elasticity of demand and not being storable at low cost) as well as the country's isolated electricity network. In suspending the electricity reform, the current administration accepted the final conclusion of the joint study team in the Tripartite Commission on the ground that the alleged benefits of reform are theoretical and uncertain, while the real costs and risks are substantial.

Logan v. Secretary of State

Sovereign immunity — Foreign States — Sovereign function of governments — Tripartite Commission for the Restitution of Monetary Gold — Immunity from suit of gold held by Commission — Political question — The law of the United States

Tripartite Commission on German Debts

Following extensive discussions in London during July of 1951, the Tripartite Commission on German Debts, whose members were Sir G. Rendel (United Kingdom), F. D. Gregh (France) and W. L. Pierson (United States), met again in London on November 26, 1951, with the delegation of the German Federal Republic, headed by H. J. Abs. The meeting was held to discuss the question of the settlement of Germany's debt in respect of postwar economic assistance received from the governments of the United Kingdom, France and the United States and, in addition, to discuss matters relating to the preparation for the international conference on prewar German debts which was to be held in London early in 1952 with the representatives of creditors from all countries having a significant interest in the matter. At the beginning of the meetings the German delegation was informed of the details of the tripartite postwar claims, the totals of which were as follows: United Kingdom, £201,000,000; France, $15,700,000; and United States, about $3,200,000,000. The priority of these postwar economic assistance claims over all other claims had been recognized in an exchange of notes of March 6, 1951, between the Allied High Commission and the government of the Federal Republic. The three governments had already made it clear, however, that they would be prepared to modify that priority in order to make possible a comprehensive and equitable settlement of the remainder of Germany's external debt. They expressed a willingness to make important concessions, both in respect to priority and the total amounts of their claims, on the clear understanding that the concessions were conditional on the achievement of a satisfactory and equitable settlement of Germany's prewar debts.