Government Responsibility and Bargaining scope within article 4 of ILO Convention 98

Autor: Klara Boonstra
Přispěvatelé: HSI (FdR)
Rok vydání: 2004
Předmět:
Zdroj: International Journal of Comparative Labour Law and Industrial Relations, 20(3), 445-465. Wolters Kluwer (UK) Ltd.
ISSN: 0952-617X
Popis: This article reviews two decisions made by the Committee on Freedom of Association (CFA) of the International Labour Organisation concerning limitations on collective bargaining. In recent years many governments have been inclined to take a firmer grip on labour conditions that have an impact on government social policy, such as the retirement age. While in the years of economic prosperity these matters were left to the social partners, the current recession causes governments to regain control, not so much by drawing up statutory law, but by determining the extent to which the employer and worker are allowed at an individual level to deviate from otherwise binding collective labour agreements. In these two cases the collective bargaining partners contested the government’s right to determine the level of bargaining and filed a complaint with the CFA. In its decisions, the CFA explicated the appropriate interpretation of the ILO standards concerning the right to bargain collectively and the determination of the level of bargaining.
Databáze: OpenAIRE