Original scientific paper
https://doi.org/10.3935/zpfz.73.23.7
Open Issues of Trade Union Representativeness for Collective Bargaining: Legal Excesses or Building a New Architecture of Collective Labour Law in the Republic of Croatia
Viktor Gotovac
; Faculty of Law University of Zagreb, Zagreb, Croatia
Abstract
Representativeness of trade unions for collective bargaining is an important issue not only for the matter of collective bargaining, to which its regulation is directly related. Namely, in conditions of pluralism of trade union workers’ interest representation competing with each other at the level of employees or in a certain field of activity, the consequences of representativeness include not only the status of actors of collective labour relations, but also contents of their activities, i. e. the results of these activities - conclusion of collective agreements and strikes. The present regulation dates back to 2014, when the Act on Representativeness of Employers’ Associations and Trade Unions was passed, as well as the current Labour Act. Nevertheless, in the period of its application so far, certain aspects of the concept of representativeness, through the outcomes of implementation and judicial practice, question the thirty-year structure of collective labour law as a whole, so this paper explores whether this is about individual excesses or the (un)intentional construction of a new architecture of collective labour law.
Keywords
representativeness for collective bargaining; trade union; collective agreement; collective labour law
Hrčak ID:
308878
URI
Publication date:
16.10.2023.
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