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Workers' Representation in Central and Eastern Europe - Challenges and Opportunities for the Works Councils' System (Paperback)
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Workers' Representation in Central and Eastern Europe - Challenges and Opportunities for the Works Councils' System (Paperback)
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The 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 is
particularly the case where transition from socialist state control
to a particularly free-wheeling form of capitalism and massive
privatization has wreaked havoc on the employer - employee
relation. 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.
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