Mutual relationship between frequency of the right to strike and recognition of the right to lockout within the legal system of selected european states

• Authors: Wiczanowska Hanna
• Languages of publication: EN

Abstracts

EN

The main objective of this paper is to analyze the mutual relationship between the right to strike as well as its frequency and the opposite guaranteed to employers – right to lockout in accordance with labour law regulations of the selected European States. Subsidiary, the author will also focus on the provisions within the Council of Europe (especially the regulations of the revised version of the European Social Charter and the judicial practice of the European Committee of Social Rights) as well as the provisions enacted by European Union institutions. One of the main thesis of the article hereto is the presumption that the lack of the common standard among the States of the Council of Europe causes significant differences regarding the acceptable scope of the right to strike and lockout. Such differences may adversely impact the domestic and international economy and trade relationships as well as are of particular significance in the light of postulate of economic, social and cultural rights protection. The conducted analysis will present the Constitutional guarantees as well as concrete labour law provisions, regarding not only recognition of the rights to strike or lockout, but also the bargaining system as well as practical dimension of the labour rights, such as for instance days not worked and the number of workers involved in industrial action. To genuinely present the aforesaid data, the author will rely mainly on the database of International Labour Organzation (ILO) and European Trade Union Institute (ETUI), selected conclusions of the European Committee of Social Rights and the statement of the chosen representatives of European labour law doctrine. The principal purpose of the article is therefore to attempt to establish an optimal model of future European standard providing an accurate base between rights of workers and interests of employers with the benefit for economy.

Keywords

EN

right to strike; right to lockout; labour; capital; European Committee of Social Rights; International Labour Organization

• Publisher: Uniwersytet Mikołaja Kopernika w Toruniu. Wydawnictwo UMK
• Journal: Torun International Studies
• Year: 2016
• Issue: 9
• Pages: 87-101

Contributors

author

Wiczanowska Hanna

• Adam Mickiewicz University in Poznan

References

• Blanke T. & Rose E. (2005). Collective Bargaining and Wages in Comparative Perspective: Germany, France, the Netherlands, Sweden and the United Kingdom, the Hague: Kluwer Law International
• Cyprus Human Rights Report (2013). From: https://www.state.gov/documents/organization/220477.pdf Charalambous G. & Christophorou C. (Ed.) (2016). Party-Society Relations in the Republic of Cyprus. Political and Societal Strategies, Abington: Routledge.
• Crew M.A. & Kleindorfer P.R. (Ed.). (2006). Liberalization of the Postal and Delivery Service, Northampton, Edward Elgar Publishing Limited.
• Dashwood A. (2010). The Wyatt and Dashwood’s European Union Law (6 ed.) Georgetown: AbeBooks.
• Despax M., Rojot J. &Laborde J.P. (2011). Labour Law in France, Alphen on the Rhine: Kluwer Law International.
• European Foundation For The Improvement Of Living And Working Conditions (2004). Social Dialogue And Conflict Resolution In Cyprus, Mannheim, from: www.uni-mannheim.de/edz/pdf/ef/04/ef0446en.pdf
• European Trade Union Institute (2016). Interactive map on strikes in Europe from: https:// www.etui.org/Topics/Trade-union-renewal-and-mobilisation/Strikes-in-Europe-version3-July-2016.
• Fabbrini F. (2014). Fundamental Rights In Europe. Challenges And Transformations In Comparative Perspective, Oxford: Oxford University Press.
• International Monetary Fund (2005). Staff Country Reports.
• Meardi G. (2014). Employment In Crisis: Cyprus 2010-2013. The Cyprus Review, Vol 26.1, p. 107-126.
• Pennings F. (2008). Social Responsibility in Labour Relations: European and Comparative Perspective, Austin: Wolters Kluwer.
• Zjawiona M. (2014, March 17). Na Świecie Strajkują W Fabrykach – W Polsce W Budżetówce. Bankier., From: Http://Www.Bankier.Pl/Wiadomosc/Na-Swiecie-Strajkuja-W-Fabrykach-W-Polsce-W-Budzetowce-3080550.Html

Identifiers

DOI

: hƩp://dx.doi.org/10.12775/TIS.2016.008