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Vol 23 No 3 March/April 2018

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Workers' Representation in Central and Eastern Europe: Challenges and Opportunities for the Works Councils' System

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ISBN13: 9789041147462
Published: December 2013
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Paperback
Price: £84.00

Despatched in 10 to 12 days.

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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European Jurisdictions
Challenges of the Implementation of Works Councils in Central and Eastern Europe: General Overview
N. Lyutov.
Belarus. The Problems of Workers’ Representation in the Republic of Belarus and Some Possible Ways to Resolve Them
E. Volk, K. Tomashevski.
Bulgaria. The experience of the non-union workers' representation in Bulgaria
K. Sredkova.
Croatia . Works Councils in Croatia: A Form of the Protection of Workers’ Rights and/or the Employer’s Interest? M. Vinković.
Czech Republic. Past, Present and Future of Non–Trade Union Employees’ Representation in the Czech Republic
P. Hůrka, M. Vrajík.
Estonia. The Status of Non-Union Employees’ Representatives in Estonia
M. Muda.
Germany. Non–Trade Union Workers’ Representation in Germany
B. Waas.
Hungary. Old-New Concerns about the Hungarian Works Councils
E. Kovács.
Latvia. Representation of Workers in Latvia: Problems of the Implementation of the Works Councils
A. Baikov.
Lithuania. Workers’ Representation in Lithuania: Works Councils’ Role
D. Petrylaitė. Poland. Works Councils in Poland: Problems of Informing and Consulting Employees
L. Mitrus.
Romania. Workers’ Representation in Romania
R. Dimitriu.
Russia. Non–Trade Union Employees’ Representation in Russia
N. Lyutov, E. Gerasimova.
Serbia. Works Councils in Serbia: Present Situation and Future Prospects
S. Jašarević.
Slovenia . On Dual System of Workers’ Representation in Slovenia
P. Končar .

Series: Bulletin of Comparative Labour Relations

Game Changers in Labour Law: Shaping the Future of Work ISBN 9789041199539
To be published April 2018
Kluwer Law International
China and ILO Fundamental Principles and Rights At Work
Edited by: Roger Blanpain
ISBN 9789041149848
Published January 2014
Kluwer Law International
Labour Law between Change and Tradition: Liber Amicorum Antoine Jacobs ISBN 9789041134240
Published May 2011
Kluwer Law International
Rethinking Corporate Governance: from Shareholder Value to Stakeholder Value ISBN 9789041134509
Published March 2011
Kluwer Law International
Regulation of Fixed-Term Employment Contracts: A Comparative Overview ISBN 9789041133564
Published October 2010
Kluwer Law International
Seafarers Rights in the Globalized Maritime Industry ISBN 9789041133496
Published September 2010
Kluwer Law International
European Works Councils: Euro Directive 2009/38/EC of 6 May 2009 ISBN 9789041132086
Published November 2009
Kluwer Law International
Employment Policies and Multilevel Governance
Edited by: Roger Blanpain
ISBN 9789041128669
Published April 2009
Kluwer Law International
New Developments in Employment Discrimination Law ISBN 9789041127822
Published October 2008
Kluwer Law International
Freedom of Services in the European Union: Labour and Social Security Law: The Bolkestein Initiative
Edited by: Roger Blanpain
ISBN 9789041124531
Published March 2006
Kluwer Law International
Women in Academia and Equality law: Aiming High - Falling Short
Edited by: Roger Blanpain
ISBN 9789041124272
Published March 2006
Kluwer Law International
Labour Relations in the Asia-Pacific Countries
ISBN 9789041122391
Published September 2003
Kluwer Law International
Employee Rights in Bankruptcy
ISBN 9789041119421
Published October 2002
Kluwer Law International
The Impact of the Internet and New Technologies on the Workplace ISBN 9789041118240
Published July 2002
Kluwer Law International
Involvement of Employees in the European Union
ISBN 9789041117601
Published March 2002
Kluwer Law International
On-line Rights for Employees in the Information Society ISBN 9789041116260
Published February 2002
Kluwer Law International
The Evolving Employment Relationship and the New Economy
ISBN 9789041116918
Published November 2001
Kluwer Law International
The Council of Europe and the Social Challenges of the XXIst Century
ISBN 9789041115430
Published March 2001
Kluwer Law International
Deregulation and Labour Law
ISBN 9789041113702
Published June 2000
Kluwer Law International
Multinational Enterprises and the Social Challenges of the XXIst Century
ISBN 9789041112804
Published December 1999
Kluwer Law International
The Process of Industrialization and the Role of Labor Law in Asian Countries
ISBN 9789041110473
Published April 1999
Kluwer Law International
Labour Law and Industrial Relations in the European Union ISBN 9789041105271
Published March 1998
Kluwer Law International
Employment Protection Under Strain ISBN 9789041105288
Published March 1998
Kluwer Law International
The Harmonization of Working Life and Family Life
ISBN 9789041100641
Published June 1997
Kluwer Law International
Labour Law and Industrial Relations in Central and Eastern Europe
ISBN 9789041102980
Published January 1997
Kluwer Law International
Industrial Relations in Small and Medium-Sized Enterprises
ISBN 9789065446961
Published July 1995
Kluwer Law International
Workers' Participation
ISBN 9789065446008
Published July 1994
Kluwer Law International
Employee Rights and Industrial Justice
ISBN 9789065448040
Published June 1994
Kluwer Law International