Working Together: Collective Action, the Commons, and Multiple Methods in Practice
In: Politologija, Band 3(59, S. 151-159
ISSN: 1392-1681
Adapted from the source document.
3930 Ergebnisse
Sortierung:
In: Politologija, Band 3(59, S. 151-159
ISSN: 1392-1681
Adapted from the source document.
Collective bargaining and collective agreements were born in western countries. During last 30 years China has attempted to introduce market economy and modern industry, also the legal system which includes collective bargaining and collective agreements. These two concepts are quite new to the Chinese subjects of labour law, although during the period of planned economy the labour unions already exists, but the Chinese regime and subjects of labour law don't understand how the collective bargaining and collective agreements essentially work. The Chinese regime is confronted by various problems concerning labour relations while introducing market economy and modern industry, these problems have been settled in western countries. While promting further growing of economy, the implementation of collective bargaining and collective agreements is one of the most important and essential tasks of Chinese government, because the stability of individual and collective labour relations directly influences Chinese communist regime, economic sustainable development and harmoniuos society.
BASE
Collective bargaining and collective agreements were born in western countries. During last 30 years China has attempted to introduce market economy and modern industry, also the legal system which includes collective bargaining and collective agreements. These two concepts are quite new to the Chinese subjects of labour law, although during the period of planned economy the labour unions already exists, but the Chinese regime and subjects of labour law don't understand how the collective bargaining and collective agreements essentially work. The Chinese regime is confronted by various problems concerning labour relations while introducing market economy and modern industry, these problems have been settled in western countries. While promting further growing of economy, the implementation of collective bargaining and collective agreements is one of the most important and essential tasks of Chinese government, because the stability of individual and collective labour relations directly influences Chinese communist regime, economic sustainable development and harmoniuos society.
BASE
SUMMARY Collective Security: Theory and Practice The origins of collective security are found in the theories of "eternal peace", and the first time in practice collective security have been realized in XIX century. Traditional conception defines collective security as universal or regional system, which is created to react collectively in the situation when one of the member states is attacked by other member. At present universal collective security system is realized through United Nations. The main purpose of United Nations is to maintain international peace and security. Collective security is one of the ways to maintain international peace and security. The mechanism of collective security is invoked to deal with situations, which are threats to the peace, acts of aggression or other breaches of the peace. Traditionally collective security was orientated to deal with situations, which involved the use of force. However in practice this has been modified. UN Security Council enjoys wide discretion – it can decide which situations should be regarded as threats to the peace, acts of aggression or other breaches of the peace. As the practice shows Security Council had invoked and decided to use collective measures also in situations which involved not only the use of force. Security Council decides which collective security measures should be used in order to maintain international peace and security. In practice Security Council developed and used great variety of collective measures – embargo, limitations of international travels, prohibitions of certain financial operations, military enforcement actions and etc. Modern mechanism of collective security is characterized by decentralization; military resources are given on ad hoc basis, therefore it strongly depends on member states' solidarity and willingness to act. The newest tendencies suggest modifying collective security. It is suggested that poverty, epidemics, serious environmental problems should be regarded as "threat to peace" and therefore those situations should be dealt through the measures of collective security. International law experts point to the risk that the extended conception of collective security could negatively affect the sovereignty of member states. For example, there might be the increased number of interventions to states through the boarder understanding of collective security. However at present day neither the doctrine, nor the opinio juris of states fully supports such a broad interpretation of collective security.
BASE
SUMMARY Collective Security: Theory and Practice The origins of collective security are found in the theories of "eternal peace", and the first time in practice collective security have been realized in XIX century. Traditional conception defines collective security as universal or regional system, which is created to react collectively in the situation when one of the member states is attacked by other member. At present universal collective security system is realized through United Nations. The main purpose of United Nations is to maintain international peace and security. Collective security is one of the ways to maintain international peace and security. The mechanism of collective security is invoked to deal with situations, which are threats to the peace, acts of aggression or other breaches of the peace. Traditionally collective security was orientated to deal with situations, which involved the use of force. However in practice this has been modified. UN Security Council enjoys wide discretion – it can decide which situations should be regarded as threats to the peace, acts of aggression or other breaches of the peace. As the practice shows Security Council had invoked and decided to use collective measures also in situations which involved not only the use of force. Security Council decides which collective security measures should be used in order to maintain international peace and security. In practice Security Council developed and used great variety of collective measures – embargo, limitations of international travels, prohibitions of certain financial operations, military enforcement actions and etc. Modern mechanism of collective security is characterized by decentralization; military resources are given on ad hoc basis, therefore it strongly depends on member states' solidarity and willingness to act. The newest tendencies suggest modifying collective security. It is suggested that poverty, epidemics, serious environmental problems should be regarded as "threat to peace" and therefore those situations should be dealt through the measures of collective security. International law experts point to the risk that the extended conception of collective security could negatively affect the sovereignty of member states. For example, there might be the increased number of interventions to states through the boarder understanding of collective security. However at present day neither the doctrine, nor the opinio juris of states fully supports such a broad interpretation of collective security.
BASE
This master thesis examines the peculiarities of the collective bargaining and the collective bargaining agreements above enterprise level. While going into the attributes of collective bargaining at the European Union and national levels, it is aimed at revealing the significance of higher-level collective bargaining when building labor legal relationships. When summarizing the main attributes of collective bargaining, peculiarities of higher-level collective bargaining are singled out. Based on the conception of social partnership and principles inherent to this institute, this work focuses on collective bargaining regarding conclusion of national, branch and territorial collective agreements. When exploring the conception and content of collective agreements, it aimed at disclosing the specifics of higher-level collective agreements as a corollary of successful collective bargaining. Higher-level collective agreements are being analyzed based on the features common to all collective agreements, while emphasizing the peculiarities inherent to collective agreements of this level only that are entrenched in international and national legislative acts. Based on the sources currently establishing collective relationships, attention is drawn to the changes of regulation of collective agreements in Lithuania. Considering the significance of collective relationships in contemporary social and economic life, theoretical and practical aspects of higher-level collective negotiations regarding conclusion of collective agreements in labor law of Lithuania are being examined. The purpose is to reveal how social partners use their rights and implement the possibility to improve the labor legal relationships, when concluding higher-level collective agreements. Collective bargaining regarding conclusion of collective agreements, holding a particularly important position in regulation of labor relationships, in practice are more often implemented at the enterprise level. It is noteworthy that in Lithuania higher-level collective bargaining regarding conclusion of collective agreements is rare. Shallow traditions of Lithuania in collective relationships and sparse experience of social partners allow minimum discussions about higher-level collective relationships.
BASE
This master thesis examines the peculiarities of the collective bargaining and the collective bargaining agreements above enterprise level. While going into the attributes of collective bargaining at the European Union and national levels, it is aimed at revealing the significance of higher-level collective bargaining when building labor legal relationships. When summarizing the main attributes of collective bargaining, peculiarities of higher-level collective bargaining are singled out. Based on the conception of social partnership and principles inherent to this institute, this work focuses on collective bargaining regarding conclusion of national, branch and territorial collective agreements. When exploring the conception and content of collective agreements, it aimed at disclosing the specifics of higher-level collective agreements as a corollary of successful collective bargaining. Higher-level collective agreements are being analyzed based on the features common to all collective agreements, while emphasizing the peculiarities inherent to collective agreements of this level only that are entrenched in international and national legislative acts. Based on the sources currently establishing collective relationships, attention is drawn to the changes of regulation of collective agreements in Lithuania. Considering the significance of collective relationships in contemporary social and economic life, theoretical and practical aspects of higher-level collective negotiations regarding conclusion of collective agreements in labor law of Lithuania are being examined. The purpose is to reveal how social partners use their rights and implement the possibility to improve the labor legal relationships, when concluding higher-level collective agreements. Collective bargaining regarding conclusion of collective agreements, holding a particularly important position in regulation of labor relationships, in practice are more often implemented at the enterprise level. It is noteworthy that in Lithuania higher-level collective bargaining regarding conclusion of collective agreements is rare. Shallow traditions of Lithuania in collective relationships and sparse experience of social partners allow minimum discussions about higher-level collective relationships.
BASE
This master thesis examines the peculiarities of the collective bargaining and the collective bargaining agreements above enterprise level. While going into the attributes of collective bargaining at the European Union and national levels, it is aimed at revealing the significance of higher-level collective bargaining when building labor legal relationships. When summarizing the main attributes of collective bargaining, peculiarities of higher-level collective bargaining are singled out. Based on the conception of social partnership and principles inherent to this institute, this work focuses on collective bargaining regarding conclusion of national, branch and territorial collective agreements. When exploring the conception and content of collective agreements, it aimed at disclosing the specifics of higher-level collective agreements as a corollary of successful collective bargaining. Higher-level collective agreements are being analyzed based on the features common to all collective agreements, while emphasizing the peculiarities inherent to collective agreements of this level only that are entrenched in international and national legislative acts. Based on the sources currently establishing collective relationships, attention is drawn to the changes of regulation of collective agreements in Lithuania. Considering the significance of collective relationships in contemporary social and economic life, theoretical and practical aspects of higher-level collective negotiations regarding conclusion of collective agreements in labor law of Lithuania are being examined. The purpose is to reveal how social partners use their rights and implement the possibility to improve the labor legal relationships, when concluding higher-level collective agreements. Collective bargaining regarding conclusion of collective agreements, holding a particularly important position in regulation of labor relationships, in practice are more often implemented at the enterprise level. It is noteworthy that in Lithuania higher-level collective bargaining regarding conclusion of collective agreements is rare. Shallow traditions of Lithuania in collective relationships and sparse experience of social partners allow minimum discussions about higher-level collective relationships.
BASE
This master thesis examines the peculiarities of the collective bargaining and the collective bargaining agreements above enterprise level. While going into the attributes of collective bargaining at the European Union and national levels, it is aimed at revealing the significance of higher-level collective bargaining when building labor legal relationships. When summarizing the main attributes of collective bargaining, peculiarities of higher-level collective bargaining are singled out. Based on the conception of social partnership and principles inherent to this institute, this work focuses on collective bargaining regarding conclusion of national, branch and territorial collective agreements. When exploring the conception and content of collective agreements, it aimed at disclosing the specifics of higher-level collective agreements as a corollary of successful collective bargaining. Higher-level collective agreements are being analyzed based on the features common to all collective agreements, while emphasizing the peculiarities inherent to collective agreements of this level only that are entrenched in international and national legislative acts. Based on the sources currently establishing collective relationships, attention is drawn to the changes of regulation of collective agreements in Lithuania. Considering the significance of collective relationships in contemporary social and economic life, theoretical and practical aspects of higher-level collective negotiations regarding conclusion of collective agreements in labor law of Lithuania are being examined. The purpose is to reveal how social partners use their rights and implement the possibility to improve the labor legal relationships, when concluding higher-level collective agreements. Collective bargaining regarding conclusion of collective agreements, holding a particularly important position in regulation of labor relationships, in practice are more often implemented at the enterprise level. It is noteworthy that in Lithuania higher-level collective bargaining regarding conclusion of collective agreements is rare. Shallow traditions of Lithuania in collective relationships and sparse experience of social partners allow minimum discussions about higher-level collective relationships.
BASE
Collective Bargaining and Collective Contract Conclusion as a Form of Social Partnership The first part of the master's thesis deals with the categories of social partnership. The concept of social partnership is distinguished, which is analogous to the concept of social dialogue. The development of social partnership at the international and national level is indicated. In accordance with international and national legislation and the scientific literature, the levels and forms of social partnership, their influence and significance on collective labor relations are indicated. The second part of the master's thesis deals with the institute of collective bargaining. The concept of collective bargaining is indicated, the principles of collective bargaining are analyzed. The concept of representation and the parties who have the right to bargain collectively by indicating their legal status are analyzed in more detail also collective bargaining procedures are discussed. The third part of the master's thesis deals with the institute of collective agreements. According to the legislation, scientific articles refer to the concept of collective agreements, the procedure for concluding and registering collective agreements is analyzed, indicating the most important aspects. Based on the indicated sources and case law, the validity, application and extension and termination of the collective agreement are indicated.
BASE
Collective Bargaining and Collective Contract Conclusion as a Form of Social Partnership The first part of the master's thesis deals with the categories of social partnership. The concept of social partnership is distinguished, which is analogous to the concept of social dialogue. The development of social partnership at the international and national level is indicated. In accordance with international and national legislation and the scientific literature, the levels and forms of social partnership, their influence and significance on collective labor relations are indicated. The second part of the master's thesis deals with the institute of collective bargaining. The concept of collective bargaining is indicated, the principles of collective bargaining are analyzed. The concept of representation and the parties who have the right to bargain collectively by indicating their legal status are analyzed in more detail also collective bargaining procedures are discussed. The third part of the master's thesis deals with the institute of collective agreements. According to the legislation, scientific articles refer to the concept of collective agreements, the procedure for concluding and registering collective agreements is analyzed, indicating the most important aspects. Based on the indicated sources and case law, the validity, application and extension and termination of the collective agreement are indicated.
BASE
Collective Bargaining and Collective Contract Conclusion as a Form of Social Partnership The first part of the master's thesis deals with the categories of social partnership. The concept of social partnership is distinguished, which is analogous to the concept of social dialogue. The development of social partnership at the international and national level is indicated. In accordance with international and national legislation and the scientific literature, the levels and forms of social partnership, their influence and significance on collective labor relations are indicated. The second part of the master's thesis deals with the institute of collective bargaining. The concept of collective bargaining is indicated, the principles of collective bargaining are analyzed. The concept of representation and the parties who have the right to bargain collectively by indicating their legal status are analyzed in more detail also collective bargaining procedures are discussed. The third part of the master's thesis deals with the institute of collective agreements. According to the legislation, scientific articles refer to the concept of collective agreements, the procedure for concluding and registering collective agreements is analyzed, indicating the most important aspects. Based on the indicated sources and case law, the validity, application and extension and termination of the collective agreement are indicated.
BASE
Collective Bargaining and Collective Contract Conclusion as a Form of Social Partnership The first part of the master's thesis deals with the categories of social partnership. The concept of social partnership is distinguished, which is analogous to the concept of social dialogue. The development of social partnership at the international and national level is indicated. In accordance with international and national legislation and the scientific literature, the levels and forms of social partnership, their influence and significance on collective labor relations are indicated. The second part of the master's thesis deals with the institute of collective bargaining. The concept of collective bargaining is indicated, the principles of collective bargaining are analyzed. The concept of representation and the parties who have the right to bargain collectively by indicating their legal status are analyzed in more detail also collective bargaining procedures are discussed. The third part of the master's thesis deals with the institute of collective agreements. According to the legislation, scientific articles refer to the concept of collective agreements, the procedure for concluding and registering collective agreements is analyzed, indicating the most important aspects. Based on the indicated sources and case law, the validity, application and extension and termination of the collective agreement are indicated.
BASE
Globalisation is a various and complex process that is displayed by the intensive relations among the countries and the movement of labour, services, goods and other capital that was forced by the scientific and technologic progress at the end of 20th centuary. Progressive globalisation has risen new goals for the labour law that has to adjust to the present changes. The thesis states that the main part has to be given to the social dialogue which is the main and most important means for decreasing negative consequences of globalisation. On the other hand, the use has to be made of the positive opportunities of globalisation. The main goal is stimulation and development of social dialogue in all the stages. Priority should be given to the regulation of the collective labour. The decrease of the present trade unions is a big problem. It is imposible effectively and properly participate at the collective negotiations and reach the social and economic solutions of a problem when social partners are missing. A very possitive mean is European social patners participation at legislation, but this phenomenon is not fully used when there are no concrete fundamentals of law for European associations to initiate and carry out negotiation. Having analised all the resources the conclusion is that globalisation affects labour in all the levels – international, regional (European Union) and national levels. At the international level the main place is given to the Internation labour organisasion that creates and renews international labour standards according to the globalisational challenge. Regional (European Union) level is the Lisboa strategy and European social model that can resist globalisational challenge. This level is based on social dialogue and social responsibility of an enterprise. At the national level separate countries feeling a big presure from multinational corporations has to adapt to the changes of the market in order to ensure the safety and flexibility of labour market.
BASE