Traditional international labour law and the new “global” kind: Is there a way to make them work together? [Tradicionalno i novo “globalno” međunarodno radno pravo – može li se uskladiti njihovo djelovanje?]
The article provides an account of how international labour law, which had previously been promulgated mostly by the International Labour Organization, has been confronted by a new type of “global” labour law that has arisen from recent changes in the structure of employment brought about by the advent of globalization and multinational corporations. These rival influences on the regulation of labour have not yet reached a stable and productive accommodation to each other, and the author identifies several points of contact and conflict between them, as well as some of the background forces that bear on those conflicts. The article also evaluates several suggestions for the way the relationship between them should be managed. Separate attention is devoted to the possibility of linkage between the application of international labour standards and international trade. To date, the negotiations on inclusion of the “social clause” in the agreements on international trade within the WTO framework have been unsuccessful. However, the author considers that the current infrequent and weak linkage of international trade agreements with labour issues is inadequate, and concludes that significant limitation of the free flow of capital from one country to another is needed in order to avoid the “race to the bottom” between developing countries that leads to the degradation of the labour rights regime worldwide.
With a view to ensuring a follow up of the implementation of the Recommendation, the International Labour Office was instructed to assist constituents in developing national policies and setting up monitoring and implementing mechanisms, as well as to promote good practices at the national and international levels concerning the determination and use of employment relationships. In response to that decision, the International Labour Office, developed in 2007 an Annotated Guide to Recommendation No. 198 using the technical expertise of a group of experts from around the world which presented examples in law and practice on how the various aspects of the Recommendation were being dealt with in many countries in different regions. Over the recent years, there have been increasing developments at the European level regarding the employment relationship in legislation, case law, collective agreements and soft law. In this context, the ILO, and in particular the then Industrial and Employment Relations Department (DIALOGUE) undertook a strategic partnership with the European Labour Law Network (ELLN), a network of independent legal experts from all European Union Member States and European Economic Area countries, in order to produce an updated version of the 2007 annotated Guide with a specific focus on European countries. The European Labour Law Network was established in 2005 on initiative of Professors Guus Heerma van Voss (University of Leiden) and Bernd Waas (University of Frankfurt am Main), the latter being the editor of this Guide. The European Labour Law Network is comprised of non-governmental legal experts from all European Member States and the EEA countries. In December 2007, the European Labour Law Network signed a contract with the Directorate-General for Employment, Social Affairs and Inclusion of the European Commission in Brussels (formerly the Directorate-General for Employment, Social Affairs and Equal Opportunities) and, under the name ‘European Network of Legal Experts in the Field of Labour Law, dealing with both individual and collective rights/aspects’, became the European Commission’s official advisory board on issues relating to developments in individual and collective labour law. In this capacity, the Network has been conducting extensive research for the European Commission. Among other things, it produced a Thematic Report on the “Characteristics of the Employment Relationship” in 2009. This guide builds upon up-dated information analysed in that research project. (More information at: http://www.labourlawnetwork.eu). In summer 2013 International Labour Office approached Russian labour law scholars, - associate professors Elena Gerasimova (NRU HSE), Nikita Lyutov (MSAL, NRU HSE) and Daria Chernyaeva (NRU HSE), – with a suggestion to prepare a Russian translation of the Gude and to amend it with materials concerning the CIS countries.
The author of the report analyses problems of legal regulation of the phenomena of mobbing and harassment in the Russian legislation, protective measures available under the Russian law and perspectives of the development of the regulation in this field.
The article deals with an understanding of the right to strike as a human right, which was formed during the 20th century, its place among human rights, normative regulation of the right to strike at the international and national levels, as well as its role in labor relations and employment law. The centerpiece of the article is the study of crisis recognition of the right to strike, caused by the Employers' Group’s statements at the International Labour Conference in 2012. During this conference, the representative of the Employers' Group has notified that they refuse to discuss the list of countries, selected from the report of the Committee of Experts and earlier approved by tripartite partners, not fulfilling obligations arising from ratified Conventions, at the Committee on the Application of Standards of the International Labour Conference,
This statement was motivated by the fact that the right to strike is not expressly recognized in the Convention #87, and the Committee of Experts, when making conclusions about the violation of the right to strike by some states – ILO members, has gone beyond his mandate. This raised the question not only on the recognition of the right to strike, which was developed during decades, but also about the mandate of the Committee of Experts as a whole. To understand the scope of the modern recognition of the right to strike, the history of the adoption of the ILO standards concerning the right to strike, and discussions on the content of standards are investigated. The article analyses how the interpretation of the Convention №87, developed by the ILO supervisory bodies, particularly by the Committee on Freedom of Association and the Committee of Experts on application of Conventions and Recommendations; explores limits of the mandate of mentioned bodies in interpretation of the conventions’ content; the role of Employers', Workers’ and Governments” groups in the recognition and development of these interpretations. Efforts undertaken inside the ILO to overcome this crisis are also being explored.
Workers’ Representation in Central and Eastern Europe
Challenges and Opportunities for the Works Councils System
Editor: Roger Blanpain, Guest Editor: Nikita Lyutov
Works council, as a participatory means of regulating the employer–employee relation, is long established in Western European countries, but has failed to take significant root in other parts of the world where it has been tried. This book is the first in-depth exploration of the legal, political, and cultural forces that complicate this transposition. Focusing on Eastern and Central Europe, where the works council system has been most extensively applied and where the evident reasons for its lack of purchase are most telling, the contributors examine the relevant experience, both negative and positive, in twelve countries, with a particular focus on non-union representation of workers.
Many important issues pertinent to workers’ representation in general in a globalized world are covered, including the following:cooperation and confrontation between trade unions and works councils; insufficient division of competences between the two representative bodies; legal norms concerning both trade union and works councils independence from employers’ interference; need for serious and dissuasive sanctions against creation of employer-controlled (‘yellow’) unions; need for extension to non-union workers of protection from anti-union discrimination; real vs. formal implementation of EU norms in Eastern European Member States; unnecessarily complicated regulation of institutions of representation; lack of protection against dismissal of non-union representatives; responsibility for breach of employers’ obligation to consult and inform; and employers’ lack of legitimacy in the eyes of workers.
There is general agreement among these authors that, as long as human beings spend a serious part of their lives at the workplace, they must be allowed not merely to express opinions about the job but have a real influence on it. Fully aware of the sensitivity of these issues in market economies, the authors’ careful research and call for public discussion open the path to real changes in the existing system, clearly in Eastern Europe but to be much desired elsewhere also. For labour law scholars, practitioners, and policymakers who know that such changes are needed, this book offers directions that, though debatable, are sure to be welcomed.
The paper explores the evolution of trade and economic relations between Russia and Myanmar in 1948-2018. The author compares the quantitative and qualitative characteristics of Myanmar cooperation with China, India and Russia, highlighting their features and prospects. Summarizing the results, the author states that, despite the currently modest volumes of trade and investment, the potential for developing foreign economic relations between Russia and Myanmar is very high. However, Myanmar is an important link in the regional strategies of China and India, which also belong to the BRICS and the SCO. Therefore, it is impossible for Russia to build its political and economic ties with Myanmar without taking these aspects of regional relations into account.
The article deals with the issues of Russian labour law compliance to the international labour standards in several crucial issues: discrimination in employment, freedom of association, wages etc.
The present Article is devoted to impact on regulation of international relations by soft law. The basic views of soft law norms classification are described. The author focuses attention on influence of soft law in lawmaking process. The analysis of some treaty, custom and soft norms of international law is given. The role of General Assembly Resolutions is underlined.