Трудовые права для всех
The article deals with well-known Laval case of European Court of Justice. This case has provoked, on one hand, the big discussions over the theoretical problem of collision of labour and economic rights. On the other hand, it has illustrated the problems that followed the European Union enlargement, associated with incomes’ gap of workers in the “old” and “new” EU member-states. Both aspects of Laval case are interesting for Russia from comparative perspective in light of balancing social rights and economic freedoms and prospects of economic integration of Russia with other countries within the Eurasian region.
The author proposes three models of legal regulation of collective redundancies in foreign countries. They are characterized by both common and specific features. The common features are fixation of the criteria of collective redundancies; preliminary consultations with trade unions or other representatives of the employees; notification of the state body on the upcoming collective redundancies; a notification of the trade union collective redundancies; offer by the employer to the employee available for transfer and the opportunity to be retrained. In turn, the characteristics are determined by the volume of guarantees for employees in the sphere of collective redundancies. They range from the minimum to the maximum. The legislation of the countries of the first model is characterized by an emphasis on the employer’s interests in the sphere of legal regulation of collective redundancies. It is shown in the absence of statutory rights to the preferential right to stay at work and the right to re-employment. It substantially weakens the protection of dismissed employees. Legal acts of the countries of the second model are fixed peculiar to securing maximum guarantees in collective redundancies: the preferential right to stay at work for some categories of employees and the right to re-employment. The legislation of countries of the third model is on border of the two concepts — flexibility and rigidity in the legal regulation of collective redundancies. It establishes guarantee for employees and employers in the field of collective redundancies. The level of guarantees for employees in the third model in collective redundancies is higher than in the legal acts of the first model, but lower than in the second one. It could be concluded that the labour legislation on collective dismissals of foreign countries is always in dynamics and aims to achieve a balance of interests of employees, employers and the state.
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 article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/