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1

A STRIKE ONLY ACCORDING TO THE COLLECTIVE BARGAINING ACT? (Strajk len podla zakona o kolektivnom vyjednavani?)

100%
Barancova H.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2008
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vol. 91
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issue 2
94-108
EN
According to the Collective Bargaining Act the strike is partial or complete stoppage of work by the employees. It is a group manifestation of the employees, a manifestation of the conflict of group interests which has grown in to the stage of collective dispute. Legal strike is not considered the breach of working discipline. The Collective Bargaining Act codifies only such a strike as is used for the settlement of the dispute arisen in connection with the conclusion of a collective agreement, if the collective agreement has not been concluded even after the proceedings before a mediator and the contracting parties do not request the settlement of the dispute by an arbitrator. The definition of the strike in the Collective Bargaining Act is a narrow definition, intended merely for the purpose of the settlement of a collective labour law dispute arisen from collective bargaining aimed at the conclusion of a collective agreement. In comparison with the Collective Bargaiming Act the right to strike in a broader framework is codified by Art.37 of the Constitution of the Slovak Republic.The Constitution also asssumes that the right to strike will be codified by a law which, however, has not been adopted so far. If the strike arises in connection with the conclusion of a collective agreement, its legal regime is governed by the Collective Bargaining Act. If the strike arises for other reasons, due to the absence of specific legislation its participants would have to act in accordance with general principles enshrined in the Constitution of the Slovak Republic, the fundamental principles of the Labour Code and international labour law. The Collective Bargaining Act regulates the so-called enterprise, supra-enterprise and solidarity strikes. With reference to legality there are legal and illegal strikes. A legal solidarity strike, however, is only such a strike in the course of which the employer may influence the progress or the result of the strike of those employees to the support of which the solidarity strike has been declared. In the opposite case, when the condition of economic or other relation is absent, the solidarity strike is illegal in the meaning of Sec. 20, letter a) of the Collective Bargaining Act. The right to strike in the broadest meaning of the term is the legally permitted possibility of the employees to discontinue work in an organized manner. It comprises the right to participate in the strike and the organization and the declaration of the strike. The right to participate in a strike is an individual employee's right which may be restricted by the law for certain callings. The employee's right to strike participation is not bound with his membership in a trade union organization. The right to organize and declare strikes belongs exclusively to trade union bodies.
2

ÚČASŤ ZAMESTNANCA NA ŠTRAJKU AKO PREKÁŽKA V PRÁCI

88%
Švec M., Žuľová J., Madleňák A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 2
181 – 192
EN
The scientific contribution deals with the most relevant practical question related to the excuse an employee´s absence from work due to his or her participation in a strike under the Collective Bargaining Act, respectively Constitutions of the Slovak Republic. We interpret the conditions that an employee participating in the strike should or have to fulfil with regard to the notification of obstacle to work on his/her part, and also the employer’s possibilities to determine whether and from which moment the employee actually has an objective reason to realize obstacle to work under Section 141 (8) of Labour Code, if there is none, what form of labour sanctions can be used in such a case. Secondary part of the contribution is also the clarification of the term “strike participant” as the basic parameter for assessing this obstacle to work on the part of the employee.
3
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Hospodářské boje mezi zaměstnanci a zaměstnavateli v rakouské monarchii na přelomu 19. a 20. století

88%
Knob S.
Historica: revue pro historii a příbuzné vědy (Historica: Review in history and related sciences)
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2010
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vol. 1
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issue 2
129-149
EN
This work deals with many types of economic fights between employees and employers in Austrian monarchy before World War One, especially about the strikes and the lockouts. These two more important fights were very intensive and massive and create a big suspense in the society. There are statistics about the strikes and the lockouts for years 1894-1914, so it is possible point out important trends in these movements and compare them to each other.
4

Klasova dia: tendentsii formuvannia sotsialnykh klasiv v Ukraini

75%
Simonchuk Y.
Sotsiolohiia: teoriia, metody, marketyng (Sociology: Theory, Methods, Marketing)
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2011
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issue 4
50-96
EN
The author represents an analysis of tendencies in forming of social classes as the subjects which realize their interests and can defend them in Ukraine during the period of independence. The theories of social classes (K. Marx, P. Bourdieu), social conflicts (R. Dahrendorf) and social movements (O. Ramstedt) have been employed for conceptualization of formation mechanism of classes as social actors. Materials of statistics, in-depth interviews, data of the national and international comparative projects were used to analyze the dynamics of strike movement in Ukraine and the factors affecting it, to study the subjects of the labour movement, the extent of participation of representatives of social classes in trade unions and political parties, as well as the level of their trust to these organizations. It is concluded that the working class, which was the first to obtain the mobilizational experience in settling the labour conflicts, was not a leader of protest movement in the period of the last twenty years. At the same time, the middle class and petty bourgeoisie obtained the experience in defence of their interests. A comparative analysis demonstrates that the labour movement in Ukraine and Western countries had similar tendencies: it was characterized by non-uniformity (booms and recessions, up to its full damping), motivation by mainly economic slogans, transfer from the form of direct mobilization of collective actions to institutionalized ones (trade-union and individualized defence of interests). The alternative scenarios/prospects of the class action have been considered in conclusion.
5

PRÁVNA ÚPRAVA NADNÁRODNÉHO ŠTRAJKU AKO NEVYHNUTNÁ PODMIENKA GLOBÁLNEHO TRHU PRÁCE

75%
Bulla M., Švec M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 5
183 – 500
EN
This paper analyzes the issue of transnational industrial action in the European Union. European Union law neither national legal orders in individual the Member States do not deal with the matter in an explicit way. Hence the legal framework for a multinational strike is derived from the fundamental guarantees of the right to strike, contained in several international instruments (including the Charter of Fundamental Rights of the EU) as well as in constitutions or other national regulations. Likewise decision making process of both European and national courts plays an important role in creating the legal environment for realization of the transnational forms of industrial action. The authors present their proposals de lege feranda in relation to the possible development of legislation in the field of the issue in question on the basis of analysis of legal environment in the EU law and selected national legislations.
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