by Giuseppe Casale, 1997
Available in [pdf file] 3,3 Mbyte
Legislative changes have recently occurred in all Central and Eastern European countries (CEE countries) in both the collective and individual spheres of labour law. Although the collective and individual spheres together represent integral components of a larger whole, in the present comparative study we will concentrate on the changes in collective labour law. In particular, we will examine recent trends and changes which have occurred in the legal framework for collective bargaining, and thus highlight the changing relationship between the law and collective bargaining. We will also note those changes in labour law which have been introduced with a view to creating a stable framework for a new labour relations system consonant with the economic and political transformations in the countries of Central and Eastern Europe.
The intent of this comparative analysis is to fill a gap in the numerous studies and works of research published thus far. Specifically, it aims to provide the practitioners of industrial relations in Central and Eastern Europe with an analysis of the major trends and issues designed for the promotion of free collective bargaining. This study neither is intended as nor pretends to be an exhaustive, systematic examination of the subjects treated in the law - or, for that matter, an exhaustive catalogue of each country's legislation in the areas examined. Rather, it aims to highlight and illustrate through selected examples what is considered to be the backbone of the employer-employee relationship: the collective bargaining machinery.
In the book, we will examine the mechanisms, institutions and levels of collective bargaining; the status of collective bargaining in the public sector; the thorny issue of union representativeness; the legal nature of a collective agreement, including its validity, duration, extension, and implementation; as well as the settlement of labour disputes.' All these topics are currently under debate among the workers, employers, governments, research institutes, and universities of the region.
As suggested in the title, the central issue of the present study is the relationship between the law and collective bargaining in Central and Eastern Europe. This is a new issue in the region, since political and economic transformations have brought with them new legal questions which were largely unknown before the transition to a market economy. By examining the relationship between the law and collective bargaining, we hope to provide an overview that will be useful in promoting collective bargaining at the various levels of the economy.
Of course, law and practice in the area of collective bargaining vary from country to country. It is possible to detect some common trends and issues, however, that would indicate the direction of evolution in the region's industrial relations systems. For example, one common characteristic in many new legislative texts is the inspiration of the basic principles of freedom association, right to Collective Bargaining, and the right to organise, which are enshrined in the ILO Conventions and Recommendations. These have been adjusted to national circumstances in the individual countries' legislation.
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