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1 – 10 of over 40000Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was…
Abstract
Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein
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EU social policy is perhaps the most controversial aspect of Europeanintegration yet, despite all the political clashes on the matter,concepts like “social Europe” or “social…
Abstract
EU social policy is perhaps the most controversial aspect of European integration yet, despite all the political clashes on the matter, concepts like “social Europe” or “social dimension” remain ill‐defined and imprecise terms. Intends to outline and clarify in detail the debate about whether or not the European Union should have competence with regard to labour market affairs. A key message is that social policy has been controversial because it has become embroiled in the debate about the future political direction of the EU. In particular, three contrasting political models –symbiotic integration, integrative federalism and neo‐liberalism – have been put forward as organizing principles for the EU and each has a coherent view of what form social policy should take at the European level. It is the clash between these three models that has caused EU social policy to be so contestable and intractable.
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This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting…
Abstract
Purpose
This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting points for the discussion are articles 27 and 28 of the Character of Fundamental Rights of the European Union on information and consultation and collective bargaining and collective agreements, respectively.
Design/methodology/approach
The European context for developments is followed by a historical sketch of the topics included in the discussion. Analysis and evaluation is then presented of the evolving concept of social partnership and the traditional forms of “social dialogue” in the UK – collective bargaining and collective agreements; trade union recognition for collective bargaining; disclosure of information for collective bargaining purpose. Some former collective bargaining systems are also included in the analysis.
Findings
The focus of the discussion is the influence of European law on information and consultation in three discreet areas – the transfer of undertakings; collective redundancies and health and safety at work. The general conclusion is that the discreet notions of social dialogue which emanate from the Charter of Fundamental Rights of the European Union spell good laws, good governance and effective democracy.
Originality/value
The article analyses the development of the concept of social dialogue.
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The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.
Abstract
Purpose
The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.
Design/methodology/approach
The paper examines the preconditions, forms and patterns of trade union transnational coordination under the regime of cross‐border competition and, in particular, its transnational implications for employment regulation in multinationals in Europe. The paper is based on evidence from the metal sector at the European Union level in the direction of establishing a framework for transnational bargaining at company level in Europe.
Findings
The paper argues that workers' representation rights at the European level (EWCs) and their resources can be very important in supporting the trade unions' bargaining activity in a situation of cross‐border negotiation in multinational companies. In the absence of a legal framework, the very recent engagement by the European trade union movement to coordinate bargaining across borders, while stipulating agreements at the European company level (European Framework Agreements) for common regulatory purposes, represents a “necessary” and “essential” – although not “sufficient” condition – for transnational collective bargaining.
Originality/value
The paper ties the formation of EWCs to the early European project of a “social Europe”.
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in…
Abstract
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
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Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989…
Abstract
Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.
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The purpose of this paper is to question the status of trade unions on corporate social responsibility (CSR) today in the European Union (EU). How do they go from being social…
Abstract
Purpose
The purpose of this paper is to question the status of trade unions on corporate social responsibility (CSR) today in the European Union (EU). How do they go from being social partners to a full‐fledged stakeholder status? The paper examines this question both from the point of view of stakeholder theory and from a field study in three different European countries.
Design/methodology/approach
The methodology is qualitative, i.e. based on a series of face‐to‐face interviews conducted in three different European countries (France, Germany, the UK) with different stakeholders, union representatives, non‐governmental organizations, experts, employers' associations.
Findings
The main findings are: inadequacy between stakeholder theory and the reality of European trade unionism and the CSR debate; trade unions are not “natural” stakeholders, rather “stake‐seekers”; the national business approach is relevant, in that national differences account for major differences among the three countries studied; and the European and global implications of trade unions into CSR help them gain full stakeholder status.
Research limitations/implications
The sample is a bit limited; it would be interesting to enlarge the scope of European countries. Also, it would also be relevant to interview shop‐floor members to analyze the gap between union officials and rank and file members.
Practical implications
This paper can help unions consider CSR in a better way, so as to integrate CSR issues into their agenda.
Social implications
The status of trade unions in the CSR debate has largely been overlooked, whereas their role in European countries is quite important.
Originality/value
There has been very little previous research on trade unions and CSR. The cross‐cultural dimension of this research and the EU dimension add value to the paper.
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This paper aims to explains how the Dutch unions evolved in the post war period and the reasons why they committed such significant resources to developing strong links and…
Abstract
Purpose
This paper aims to explains how the Dutch unions evolved in the post war period and the reasons why they committed such significant resources to developing strong links and assisting the new democracies of Central and Eastern Europe complete the “Transition Process”.
Design/methodology/approach
The author draws on his first‐hand experience as the president of the Dutch graphical union, and for many years president and vice president of the sector's international trade union federations – to give an insight as to the rationale behind international trade union cooperation and solidarity.
Findings
The paper suggests that the help and assistance provided by the West European workers organisations, although costly has brought added value to the enlarged European Trade Union movement in so much as it has ensured that the Central and Eastern European trade unions have been able to complete the transition period.
Originality/value
The paper provides a first hand account of the difficulties that trade unions in the former soviet block countries had to deal with during the transition period, and how trade unions in the West had to overcome ideological and historical prejudices in order to provide help and assistance to their sister unions in Central and Eastern Europe.
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The purpose of this paper is to propose a general micro-theoretical framework that helps to understand the embeddedness of trade unions within the European system of industrial…
Abstract
Purpose
The purpose of this paper is to propose a general micro-theoretical framework that helps to understand the embeddedness of trade unions within the European system of industrial relations, and the consequences of this embeddedness for industrial relations outcomes. First, starting from the paradoxical observation of a trend towards homogeneity within a complex, multi-layered European industrial relations system consisting of heterogeneous and autonomous agents, the paper aims to explicate the mechanisms which produce these similarities. Second, the paper seeks to analyse potential mechanisms for transnational trade union cooperation and, third, it concludes by outlining its applicability as the basis for methodological approaches which enable realistic and policy relevant analyses.
Design/methodology/approach
This paper is conceptual and focusses on the development of a general micro-theoretical framework which captures European industrial relations actors’ behaviour and outcomes. It integrates theoretical and empirical accounts from differing social science disciplines and from various methodological starting points on trade union action and interaction into one general micro-theoretical framework.
Findings
Starting from a typology of trade union goals, the authors show how various social mechanisms lead to interdependencies between trade unions and review empirical evidence for their consequences. The authors, then, identify a set of motives for transnational cooperation that would allow outcomes that are in line with trade union objectives.
Originality/value
Against the background that previous studies on trade union action and cross-national interaction have paid less attention to the puzzling stylised fact that industrial relations outcomes are mimicked by heterogeneous and autonomous agents actors in different countries, the authors address this research gap by developing a novel general micro-theoretical framework for the analysis of transnational trade union action and interaction in order to better understand the underlying causal mechanisms for the common behaviour and outcomes of autonomous actors.
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