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Ius Novum
|
2009
|
issue 4
95-109
EN
The aim of the work was to show the varied forms of social dialogue that is functioning in Poland based on the political system principles contained in the Constitution of the Republic of Poland and specified in parliamentary acts. The author classifies social dialogue as classical social dialogue (sensu stricto) comprising only relations of public authorities and representatives of labor and capital and social dialogue sensu largo being a result of the development of civil society and democratic structures of the state, highlighting that trade unions are not the only social partner of the state. The article also discusses the law creation aspect because it speaks about parties which influence the legislative process. In order to reach the above mentioned aim, the author uses a dogmatic method. The normative material which enables writing the article refers to the Constitution, parliamentary acts creating the law on religious denominations, administrative law and collective labor agreements. Apart from that, the author used extensive literature on the above mentioned fields of law. Having this in mind, it can be stated that Polish constitutional regulations encourage development and formalization of social dialogue which is becoming a vital element of civil society and a transparent state.
EN
(The abstracted paper is also published in English: Ibid. 2004, Nr 1s(33), pp. 63-82). There is no single, universally acknowledged definition of social dialogue. Ultimately, its form and scope are defined by the limits of the law, social and political relations in effect, and the partners themselves. Social dialogue so viewed and defined is treated as an object, a form for conducting negotiations or building relations on a plane of labor relations, as well as political and economic relations. Even dialogue conducted around such values as economic freedom and social justice will, from this angle, be treated as a form for arriving at social consensus, not a prerequisite for achieving such values. Although true that social dialogue serves to reach the overriding objective—the building of social peace while making assessment of the present state of affairs—it is important not to forget the years and periods when none of the parties sat down at a table with the intention of talking.
EN
(The abstracted paper is also published in English: Ibid. 2004, Nr 1s(33), pp.27-36). Poland's future membership in the European Union signifies the participation of representatives of Polish trade union organizations and employers' organizations in a dialogue conducted on a European level. It thus seems necessary to learn about such a dialogue, consider if Polish forms of social dialogue are in line with the European model, and ultimately examine what impact European social dialogue may have on domestic dialogue. This article only presents social dialogue on the European level. The other questions deserve separate analysis
EN
Conflicts and interests are the two sides of the same coin. Social dialogue function is to be institutionalised if conflicts come into existence in connection with different interests. The changes in health care system require to take into consideration different groups' interests so as to limit open conflicts occurring. Existing social dialogue institutions, especially Tripartite Commission, are not used to regulate conflicts around functioning of the public health care system. The main negotiations is held without social dialogue institutions conducting to dysfunction of the public health care. The aim of this article is to show how we can control the conflicts in order to secure the interest groups be articulated in social dialogue institutions
EN
(The abstracted paper is also published in English: Ibid. 2004, Nr 1s(33), pp. 49-56). Work relations and their evolution are the subject of systemic legislative activities as well as observation in both individual member states and on the union level. An autonomous European Union institution, the European Foundation for the Improvement of Living and Working Conditions - the Dublin Foundation - is involved in these matters. Its purpose is to assist in the shaping of future policy with respect to social problems as well as matters connected with work organization and conditions. The European Industrial Relations Observatory (EIRO) has been active as of 1997; it monitors and analyzes the main changes in labor relations in the countries of the European Union and Norway.
EN
Agricultural policy and the rural development policy belong to the most expensive and most controversial elements of functioning of the EU member states. A large portion of controversies and misunderstandings results from imperfections of the public discourse on matters of villages and agriculture. The role of agriculture and rural areas in the functioning of modern societies is changing and the group of stakeholders of these areas' development is now in principle covering the entire society. In post-socialist countries no institutions were formed and no forms of social discourse evolved to discuss the desirable lines of rural and agriculture development and the forms of public support for such development. The most important attempt at institutionalization of such discourse was made in l999 in Poland by elaboration of a document entitled 'The Pact for Agriculture and Rural Areas'. The idea of the pact, the process of work on it and the causes of failure are described in this paper. After Poland's joining the European Union a major part of problems tackled by the discourse on rural development in Poland will be linked with analogous discourse, but this time at the level of the entire Union.
EN
What does the quality of social dialogue in the Central and European countries depend upon? There are three sets of factors which influence the quality of social dialogue, in other words, the social consultation regarding relations between employers and employees. The states in this region share the common legacy of the years of socialism. They share the difficult experience of economic and political transformation. They have also recently joined the European Union. The other factors are the conditions of an economy which is undergoing globalisation and the challenges of competitiveness on the common market that are related to the European Integration. It is the last circumstances which seem to hinder social dialogue the most. They result in a situation where, to a large degree, it becomes a tool used to improve the competitiveness of the national economy and to liberalise the regulations pertaining to relations between employers and employees. Such assumptions concerning the operations of the institutions in question place the trade unions in a difficult situation. In a way which is obvious, this makes the building of solid institutions of social dialogue in the new EU member countries difficult.
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