Decision of the employer as a source of representativeness? A recent lesson from the Czech semi-promotion of collective bargaining

• Authors: Martin Štefko
• Languages of publication: EN

Abstracts

EN

In some countries, trade unions have certain rights or privileges guaranteed by the constitution, such as the right to engage in collective bargaining and negotiate a collective agreement. However, these rights are significantly restricted in other countries, particularly in light of recent internal social problems. This article examines the concept of trade unions’ representativeness, with a focus on the Czech Republic. We will consider what can be a source of legitimacy, as understood and promoted by an ex-communist Eastern European legislator in 2024. The Czech legislator has empowered employers to decide which trade union organisation, out of the many operating in their facility, shall be recognised, unless most employees oppose the employer’s decision. If we compare it with international and European obligations, it is a bold move. Is it inspiration or deprivation when we compare the Czech story with recent trends of trade union representativeness in the Western and Central European legal space?

Keywords

EN

trade union organisation; representativeness of trade union organisation; labour law

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2025
• Volume: 15
• Issue: 3
• Pages: 294-305
• Document type: ARTICLE

Contributors

author

Martin Štefko

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