Labour law has developed in parallel with industrial relations law and is generally closely coordinated. Industrial relations research has had an important, perhaps even predominant, influence on the conception of labour law science. In the first half of the twentieth century, lawyers and practicing jurists in Europe and North America turned to industrial sociology to provide concepts and data that could challenge the pre-existing legal order, which they considered restrictive and outdated. This is the approach associated above all with „legal realism in the USA” and the work of „social lawyers” in the Weimar Republic. Labour law continues to reflect these origins and,. Thus, the industrial, plant and enterprise sectors form three distinct subsystems of industrial relations in the Federal Republic. West German writers, who have only the first two areas in mind, often refer to their country`s „dual advocacy system.” In this chapter, these three subsystems are distinguished according to their different legal frameworks. The task will then be to determine how the three spheres relate to each other. The tripartite industrial relations system in the Federal Republic of Germany has both advantages and disadvantages not found in countries such as the United States and Great Britain, which have a „uniform” framework for industrial relations. However, before moving on to the discussion of these three subsystems, it will be useful to place them in their proper historical context by briefly describing the main developments in case law that took place in German labour relations prior to I933. Labour relations in Wilhelminian Germany were marked by the struggle of organized workers for two fundamental objectives: freedom of association and enforceability of contracts. Shortly after the founding of the first German union, the I865 cigar workers, it seemed that the state would be in favor of these new associations.
The Industrial Code of the Federation of North Germany I86g expressly repealed all restrictive laws against workers` organizations. After unification in 871, this clause was incorporated into the imperial commercial code of the new empire.1 In 878, however, the socialist law was passed, which banned workers` associations. All major socialist trade unions were banned. In I8go, the socialist law was repealed and freedom of association was restored, at least in theory. But the authorities` harassment of trade unions and their members continued until the First World War. In the words of Lujo Brentano: „Workers have freedom of coalition. However, if they use it, they will be punished. 2 The Soviet industrial relations system was characterized by the extent to which the rights and obligations of workers and trade unions were enshrined in law, with the Labour Code providing a comprehensive framework for regulating working conditions and granting unprecedented rights and protections to trade union organizations, while the plan and collective agreements enjoyed legal status. The Soviet Union was proud of the fact that legal rights and labour protection were the most advanced in the world. But behind this progressive appearance lay a variety of characteristics less favorable to the workers.
First, detailed legislation was needed precisely because the Communist Party was not prepared to implement a common voluntary employment regulation. The latter would have meant granting autonomy to workers` organizations and employers, thus challenging the party`s political monopoly. Second, far from providing a binding framework for industrial relations, the law has served as a discretionary instrument to limit leadership within the bounds of party politics. Finally, the legal protection and the role of trade unions in monitoring respect for workers` legal rights have been defined not from the point of view of the protection of workers` interests, but from the point of view of the need to develop the productive forces of labour. 29 Equal pay Minimum wage (underground) Health and safety against the risks of poisoning (benzene) Work organization Labour statistics Equal Rights Act 1976 Mining Act, 1952 Factories Act 1948 Trade Union Act, 1926 Statistics Collection Act, 1953 1958 1975 1991 1977 1992 100/1951 123/1965 136/1971 141/1975 160/1985 Provision of the ConventionTitle of ActCouncil of India/year ILO Con/Yr I.L.O. Prescriptions – Labour Laws 24 Industrial Relations Acts Trade Unions Act, 1926 Payment of Wages Act, 1936 Industrial Disputes Act 1947 Factories Act 1948 Industrial Employment Rules Act, 1948 Payment of Bonuses Act, 1965 Contract Labour (Regulation and Abolition) Act, 1970 ZAMBIA DECENT WORK COUNTRY PROGRAMME 2013 – 2016. DOI-Link für The legal framework for industrial relations in the Federal Republic of Germany 20 Legal requirements Laws relating to workers` rights Laws concerning the welfare of workers Social security laws Industrial Relations Act Ashwin, S., Clarke, S. (2003).
Der rechtliche Rahmen der Arbeitsbeziehungen. In: Russian Trade Unions and Industrial Relations in Transition. Palgrave Macmillan, London. doi.org/10.1057/9780230598355_5 ILS & HR PROGRAMME/TURINER ZENTRUM ILO-AUFSICHTSMECHANISMEN (Aus Actrav-Kursen) ILO-AUFSICHTSMECHANISMEN (Aus Actrav-Kursen) Regelmäßiges Aufsichtssystem. 25 Acht-Stunden-Arbeitstag Kostenlose medizinische Hilfe Estt. of the Social Welfare Department Formation of works councils to deal with complaints about conditions of service and grievances Paid leave Employees` pension scheme 1912 1915 1917 1919 1920 Provision of the lawTisco TISCO Revenue – Labour law Emp Factories Act Factories Act Labour Disputes Act Factories Act Provision of the Workers` Act Title of the Act 1948 1947 1948 1952 Law 2 Role of the State in IR NCL (1969): The State`s interest in labour derives as much from its obligation to safeguard the interests of workers and employers as from ensuring the availability of its common products/services at a reasonable price to the Community. Art. 18 Attention to working conditions, welfare and social security Application of labour law for women, children and workers in unorganized sectors Ensuring quality of employment Promoting employee participation in management Training and qualification of workers Flexibility in adapting to technological upgrading 8.
Plan (1992-97) 10 IR Objectives of the plans: 1. Promote the well-being of the working class Create an environment; which promotes cooperation between employment services and harmonious relations through the adoption of appropriate institutional frameworks. Ensuring India`s Economic Stability and Progress Prevention of labour disputes and establishment of mechanisms for the settlement of labour disputes Labour policy in five-year plans 13 3rd Plan (1961-66) Consolidation of the achievements of the implementation of the 2. Disciplinary Code of the Plan Resolution on the Industrial Armistice (1962) Voluntary arbitration of arbitration workers Participation of workers in the management partnership, reduction of the status gap, Intensive training programme for managerial workers Development of trade union leadership under ILO Convention No.