DECISION OF THE EMPLOYER AS A SOURCE OF REPRESENTATIVENESS? A RECENT LESSON FROM THE CZECH SEMI-PROMOTION OF COLLECTIVE BARGAINING
Article Sidebar
Main Article Content
Abstract
In some countries, trade unions have certain rights or privileges guaranteed by the constitution, such as the right to engage in collective bargaining and negotiate a collective agreement. However, these rights are significantly restricted in other countries, particularly in light of recent internal social problems. This article examines the concept of trade unions’ representativeness, with a focus on the Czech Republic. We will consider what can be a source of legitimacy, as understood and promoted by an ex-communist Eastern European legislator in 2024. The Czech legislator has empowered employers to decide which trade union organisation, out of the many operating in their facility, shall be recognised, unless most employees oppose the employer’s decision. If we compare it with international and European obligations, it is a bold move. Is it inspiration or deprivation when we compare the Czech story with recent trends of trade union representativeness in the Western and Central European legal space?
Article Details
Copyright and originality of the offered manuscript
1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.
2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.
3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.