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Listina základních práv EU

Článek 27 - Právo pracovníka na informování a na projednávání v podniku

Článek 27 - Právo pracovníka na informování a na projednávání v podniku

Pracovníci nebo jejich zástupci musí mít na vhodných úrovních zaručeno právo na včasné informování a projednávání v případech a za podmínek, které stanoví právo Unie a vnitrostátní právní předpisy a zvyklosti.

  • Text:

    Tento článek je obsažen v revidované Evropské sociální chartě (článek 21) a v Chartě základních sociálních práv pracovníků Společenství (body 17 a 18). Použije se za podmínek stanovených právem Unie a vnitrostátními právy. Odkaz na vhodné úrovně je odkazem na úrovně stanovené právem Unie nebo vnitrostátními právními předpisy a zvyklostmi, což může zahrnovat evropskou úroveň, pokud to právní předpisy Unie stanoví. V této oblasti existuje rozsáhlé acquis Unie: články 154 a 155 Smlouvy o fungování Evropské unie a směrnice 2002/14/ES (obecný rámec pro informování zaměstnanců a projednávání se zaměstnanci v Evropském společenství), 98/59/ES (hromadné propouštění), 2001/23/ES (převody podniků) a 94/45/ES (evropské rady zaměstnanců).

    Source:
    Úřední věstník Evropské unie C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    Tato vysvětlení byla původně vyhotovena pod vedením prezídia Konventu, který vypracoval Listinu základních práv Evropské unie. Byla aktualizována pod vedením prezídia Evropského konventu s ohledem na změny návrhu znění Listiny provedené Konventem (zejména článků 51 a 52) a na vývoj práva Unie. Ačkoliv sama nemají právní závaznost, jsou cenným výkladovým nástrojem pro vyjasnění ustanovení Listiny.
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    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
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    Type:
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:C:2024:596
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    Decision date:
    Deciding body type:
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    Deciding body:
    Supreme Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:FI:KKO:2020:58
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    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (Sixth chamber, Extended Composition)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:T:2020:13
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    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Federal Labour Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:DE:BAG:2020:210120.U.1AZR149.19.0
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    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    General Court (First Chamber)
    Type:
    Decision
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:T:2016:727
  • Anonymi Geniki Etairia Tsimenton Iraklis (AGET Iraklis) v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:C:2016:429
  • Poste Italiane S.p.a. v Carmine Galasso
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Type:
    Decision
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
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    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Type:
    Decision
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
  • Association de médiation sociale v Union locale des syndicats CGT and Others.
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2014:2
  • Association de médiation sociale v Union locale des syndicats CGT and Others.
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    ADVOCATE GENERAL
    Type:
    Opinion
    Policy area:
    ECLI (European case law identifier):

32 results found

  • Grondwet voor het Koninkrijk der Nederlanden
    Země:
    Netherlands

     
    Artikel 19 (...) 2. De wet stelt regels omtrent de rechtspositie van hen die arbeid verrichten en omtrent hun bescherming daarbij, alsmede omtrent medezeggenschap. (...)

  • Czech Labour Code No.262/2006 Coll.
    Země:
    Czechia

    Part XII of the Code: An Employee Information and Consultation Procedure, [etc].

  • The Information and Consultation of Employees Regulations 2004
    Země:
    United Kingdom

    Employee request to negotiate an agreement in respect of information and consultation
    Section 7.—(1) On receipt of a valid employee request, the employer shall, subject to paragraphs (8) and (9), initiate negotiations by taking the steps set out in regulation 14(1).
    (2) Subject to paragraph (3), an employee request is not a valid employee request unless it consists of—
    (a)a single request made by at least 10% of the employees in the undertaking; or
    (b)a number of separate requests made on the same or different days by employees which when taken together mean that at least 10% of the employees in that undertaking have made requests, provided that the requests are made within a period of six months.
    (3) Where the figure of 10% in paragraph (2) would result in less than 15 or more than 2,500 employees being required in order for a valid employee request to be made, that paragraph shall have effect as if, for the figure of 10%, there were substituted the figure of 15, or as the case may be, 2,500.
    (4) An employee request is not a valid employee request unless the single request referred to in paragraph (2)(a) or each separate request referred to in paragraph (2)(b)—
    (a)is in writing;
    (b)is sent to—
    (i)the registered office, head office or principal place of business of the employer; or
    (ii)the CAC; and
    (c)specifies the names of the employees making it and the date on which it is sent.
    (5) Where a request is sent to the CAC under paragraph (4)(b)(ii), the CAC shall—
    (a)notify the employer that the request has been made as soon as reasonably practicable;
    (b)request from the employer such information as it needs to verify the number and names of the employees who have made the request; and
    (c)inform the employer and the employees who have made the request how many employees have made the request on the basis of the information provided by the employees and the employer.
    (6) Where the CAC requests information from the employer under paragraph (5)(b), the employer shall provide the information requested as soon as reasonably practicable.
    (7) The date on which an employee request is made is—
    (a)where the request consists of a single request satisfying paragraph (2)(a) or of separate requests made on the same day satisfying paragraph (2)(b), the date on which the request is or requests are sent to the employer by the employees or the date on which the CAC informs the employer and the employees in accordance with paragraph (5)(c) of how many employees have made the request; and
    (b)where the request consists of separate requests made on different days, the date on which—
    (i)the request which results in paragraph (2)(b) being satisfied is sent to the employer by the employees; or
    (ii)the CAC informs the employer and the employees in accordance with paragraph (5)(c) of how many employees have made the request where that request results in paragraph (2)(b) being satisfied.
    (8) If the employer decides to hold a ballot under regulation 8 or 9, the employer shall not be required to initiate negotiations unless and until the outcome of the ballot is that in regulation 8(5)(b).
    (9) If an application is made to the CAC under regulation 13, the employer shall not be required to initiate negotiations unless and until if the CAC declares that there was a valid employee request or that the employer’s notification was valid.
    Application of standard information and consultation provisions
    Section 18.—(1) Subject to paragraph (2)—
    (a)where the employer is under a duty, following the making of a valid employee request or issue of a valid employer notification, to initiate negotiations in accordance with regulation 14 but does not do so, the standard information and consultation provisions shall apply from the date—
    (i)which is six months from the date on which the valid employee request was made or the valid employer notification was issued, or
    (ii)information and consultation representatives are elected under regulation 19,
    whichever is the sooner; and
    (b)if the parties do not reach a negotiated agreement within the time limit referred to in regulation 14(3) (or that period as extended by agreement under paragraph (5) of that regulation) the standard information and consultation provisions shall apply from the date—
    (i)which is six months from the date on which that time limit expires; or
    (ii)information and consultation representatives are elected under regulation 19,
    whichever is the sooner.
    (2) Where the standard information and consultation provisions apply, the employer and the information and consultation representatives elected pursuant to regulation 19 may, at any time, reach an agreement that provisions other than the standard information and consultation provisions shall apply.
    (3) An agreement referred to in paragraph (2) shall only have effect if it covers all the employees of the undertaking, complies with the requirements listed in regulation 16(1)(a) to (c), (e) and (f), and is signed by a majority of the information and consultation representatives.

    Election of information and consultation representatives
    Section 19.—(1) Where the standard information and consultation provisions are to apply, the employer shall, before the standard information and consultation provisions start to apply, arrange for the holding of a ballot of its employees to elect the relevant number of information and consultation representatives.
    (2) The provisions in Schedule 2 to these Regulations apply in relation to the arrangements for and conduct of any such ballot.
    (3) In this regulation the “relevant number of information and consultation representatives” means one representative per fifty employees or part thereof, provided that that number is at least 2 and does not exceed 25.
    (4) An employee or an employee’s representative may complain to the CAC that the employer has not arranged for the holding of a ballot in accordance with paragraph (1).
    (5) Where the CAC finds the complaint well-founded, it shall make an order requiring the employer to arrange, or re-arrange, and hold the ballot.
    (6) Where the CAC finds a complaint under paragraph (4) well-founded, the employee or the employee’s representative may make an application to the Appeal Tribunal under regulation 22(6) and paragraphs (7) and (8) of that regulation shall apply to any such application.

    Standard information and consultation provisions
    Section 20.—(1) Where the standard information and consultation provisions apply pursuant to regulation 18, the employer must provide the information and consultation representatives with information on—
    (a)the recent and probable development of the undertaking’s activities and economic situation;
    (b)the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular, where there is a threat to employment within the undertaking; and
    (c)subject to paragraph (5), decisions likely to lead to substantial changes in work organisation or in contractual relations, including those referred to in—
    (i)sections 188 to 192 of the Trade Union and Labour Relations (Consolidation) Act 1992(1); and
    (ii)regulations 10 to 12 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(2).
    (2) The information referred to in paragraph (1) must be given at such time, in such fashion and with such content as are appropriate to enable, in particular, the information and consultation representatives to conduct an adequate study and, where necessary, to prepare for consultation.
    (3) The employer must consult the information and consultation representatives on the matters referred to in paragraph (1)(b) and (c).
    (4) The employer must ensure that the consultation referred to in paragraph (3) is conducted—
    (a)in such a way as to ensure that the timing, method and content of the consultation are appropriate;
    (b)on the basis of the information supplied by the employer to the information and consultation representatives and of any opinion which those representatives express to the employer;
    (c)in such a way as to enable the information and consultation representatives to meet the employer at the relevant level of management depending on the subject under discussion and to obtain a reasoned response from the employer to any such opinion; and
    (d)in relation to matters falling within paragraph (1)(c), with a view to reaching agreement on decisions within the scope of the employer’s powers.
    (5) The duties in this regulation to inform and consult the information and consultation representatives on decisions falling within paragraph (1)(c) cease to apply once the employer is under a duty under—
    (a)section 188 of the Act referred to in paragraph (1)(c)(i) (duty of employer to consult representatives); or
    (b)regulation 10 of the Regulations referred to in paragraph (1)(c)(ii) (duty to inform and consult representatives),
    and he has notified the information and consultation representatives in writing that he will be complying with his duty under the legislation referred to in sub-paragraph (a) or (b), as the case may be, instead of under these Regulations, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.
    (6) Where there is an obligation in these Regulations on the employer to inform and consult his employees, a failure on the part of a person who controls the employer (either directly or indirectly) to provide information to the employer shall not constitute a valid reason for the employer failing to inform and consult.
    Employee request to negotiate an agreement in respect of information and consultation
    Section 7.—(1) On receipt of a valid employee request, the employer shall, subject to paragraphs (8) and (9), initiate negotiations by taking the steps set out in regulation 14(1).
    (2) Subject to paragraph (3), an employee request is not a valid employee request unless it consists of—
    (a)a single request made by at least 10% of the employees in the undertaking; or
    (b)a number of separate requests made on the same or different days by employees which when taken together mean that at least 10% of the employees in that undertaking have made requests, provided that the requests are made within a period of six months.
    (3) Where the figure of 10% in paragraph (2) would result in less than 15 or more than 2,500 employees being required in order for a valid employee request to be made, that paragraph shall have effect as if, for the figure of 10%, there were substituted the figure of 15, or as the case may be, 2,500.
    (4) An employee request is not a valid employee request unless the single request referred to in paragraph (2)(a) or each separate request referred to in paragraph (2)(b)—
    (a)is in writing;
    (b)is sent to—
    (i)the registered office, head office or principal place of business of the employer; or
    (ii)the CAC; and
    (c)specifies the names of the employees making it and the date on which it is sent.
    (5) Where a request is sent to the CAC under paragraph (4)(b)(ii), the CAC shall—
    (a)notify the employer that the request has been made as soon as reasonably practicable;
    (b)request from the employer such information as it needs to verify the number and names of the employees who have made the request; and
    (c)inform the employer and the employees who have made the request how many employees have made the request on the basis of the information provided by the employees and the employer.
    (6) Where the CAC requests information from the employer under paragraph (5)(b), the employer shall provide the information requested as soon as reasonably practicable.
    (7) The date on which an employee request is made is—
    (a)where the request consists of a single request satisfying paragraph (2)(a) or of separate requests made on the same day satisfying paragraph (2)(b), the date on which the request is or requests are sent to the employer by the employees or the date on which the CAC informs the employer and the employees in accordance with paragraph (5)(c) of how many employees have made the request; and
    (b)where the request consists of separate requests made on different days, the date on which—
    (i)the request which results in paragraph (2)(b) being satisfied is sent to the employer by the employees; or
    (ii)the CAC informs the employer and the employees in accordance with paragraph (5)(c) of how many employees have made the request where that request results in paragraph (2)(b) being satisfied.
    (8) If the employer decides to hold a ballot under regulation 8 or 9, the employer shall not be required to initiate negotiations unless and until the outcome of the ballot is that in regulation 8(5)(b).
    (9) If an application is made to the CAC under regulation 13, the employer shall not be required to initiate negotiations unless and until if the CAC declares that there was a valid employee request or that the employer’s notification was valid.
    Application of standard information and consultation provisions
    Section 18.—(1) Subject to paragraph (2)—
    (a)where the employer is under a duty, following the making of a valid employee request or issue of a valid employer notification, to initiate negotiations in accordance with regulation 14 but does not do so, the standard information and consultation provisions shall apply from the date—
    (i)which is six months from the date on which the valid employee request was made or the valid employer notification was issued, or
    (ii)information and consultation representatives are elected under regulation 19,
    whichever is the sooner; and
    (b)if the parties do not reach a negotiated agreement within the time limit referred to in regulation 14(3) (or that period as extended by agreement under paragraph (5) of that regulation) the standard information and consultation provisions shall apply from the date—
    (i)which is six months from the date on which that time limit expires; or
    (ii)information and consultation representatives are elected under regulation 19,
    whichever is the sooner.
    (2) Where the standard information and consultation provisions apply, the employer and the information and consultation representatives elected pursuant to regulation 19 may, at any time, reach an agreement that provisions other than the standard information and consultation provisions shall apply.
    (3) An agreement referred to in paragraph (2) shall only have effect if it covers all the employees of the undertaking, complies with the requirements listed in regulation 16(1)(a) to (c), (e) and (f), and is signed by a majority of the information and consultation representatives.

    Election of information and consultation representatives
    Section 19.—(1) Where the standard information and consultation provisions are to apply, the employer shall, before the standard information and consultation provisions start to apply, arrange for the holding of a ballot of its employees to elect the relevant number of information and consultation representatives.
    (2) The provisions in Schedule 2 to these Regulations apply in relation to the arrangements for and conduct of any such ballot.
    (3) In this regulation the “relevant number of information and consultation representatives” means one representative per fifty employees or part thereof, provided that that number is at least 2 and does not exceed 25.
    (4) An employee or an employee’s representative may complain to the CAC that the employer has not arranged for the holding of a ballot in accordance with paragraph (1).
    (5) Where the CAC finds the complaint well-founded, it shall make an order requiring the employer to arrange, or re-arrange, and hold the ballot.
    (6) Where the CAC finds a complaint under paragraph (4) well-founded, the employee or the employee’s representative may make an application to the Appeal Tribunal under regulation 22(6) and paragraphs (7) and (8) of that regulation shall apply to any such application.

    Standard information and consultation provisions
    Section 20.—(1) Where the standard information and consultation provisions apply pursuant to regulation 18, the employer must provide the information and consultation representatives with information on—
    (a)the recent and probable development of the undertaking’s activities and economic situation;
    (b)the situation, structure and probable development of employment within the undertaking and on any anticipatory measures envisaged, in particular, where there is a threat to employment within the undertaking; and
    (c)subject to paragraph (5), decisions likely to lead to substantial changes in work organisation or in contractual relations, including those referred to in—
    (i)sections 188 to 192 of the Trade Union and Labour Relations (Consolidation) Act 1992(1); and
    (ii)regulations 10 to 12 of the Transfer of Undertakings (Protection of Employment) Regulations 1981(2).
    (2) The information referred to in paragraph (1) must be given at such time, in such fashion and with such content as are appropriate to enable, in particular, the information and consultation representatives to conduct an adequate study and, where necessary, to prepare for consultation.
    (3) The employer must consult the information and consultation representatives on the matters referred to in paragraph (1)(b) and (c).
    (4) The employer must ensure that the consultation referred to in paragraph (3) is conducted—
    (a)in such a way as to ensure that the timing, method and content of the consultation are appropriate;
    (b)on the basis of the information supplied by the employer to the information and consultation representatives and of any opinion which those representatives express to the employer;
    (c)in such a way as to enable the information and consultation representatives to meet the employer at the relevant level of management depending on the subject under discussion and to obtain a reasoned response from the employer to any such opinion; and
    (d)in relation to matters falling within paragraph (1)(c), with a view to reaching agreement on decisions within the scope of the employer’s powers.
    (5) The duties in this regulation to inform and consult the information and consultation representatives on decisions falling within paragraph (1)(c) cease to apply once the employer is under a duty under—
    (a)section 188 of the Act referred to in paragraph (1)(c)(i) (duty of employer to consult representatives); or
    (b)regulation 10 of the Regulations referred to in paragraph (1)(c)(ii) (duty to inform and consult representatives),
    and he has notified the information and consultation representatives in writing that he will be complying with his duty under the legislation referred to in sub-paragraph (a) or (b), as the case may be, instead of under these Regulations, provided that the notification is given on each occasion on which the employer has become or is about to become subject to the duty.
    (6) Where there is an obligation in these Regulations on the employer to inform and consult his employees, a failure on the part of a person who controls the employer (either directly or indirectly) to provide information to the employer shall not constitute a valid reason for the employer failing to inform and consult.

  • Constitution of the Republic of Slovenia
    Země:
    Slovenia

     Article 75 Employees shall participate in the management of commercial organisations and institutions in a manner and under conditions provided by law.

  • Ustava Republike Slovenije
    Země:
    Slovenia

    75. člen Delavci sodelujejo pri upravljanju v gospodarskih organizacijah in zavodih na način in pod pogojih, ki jih določa zakon.

  • Code of Labour
    Země:
    Romania

    (as approved by Law No.53/2003)Article 39(1) The employees main rights are as follows: (…) h) the right to information and consultation (…)

  • Código do Trabalho
    Země:
    Portugal
  • Constituição da República Portuguesa
    Země:
    Portugal

    Artigo 54.º (Comissões de trabalhadores) 1. É direito dos trabalhadores criarem comissões de trabalhadores para defesa dos seus interesses e intervenção democrática na vida da empresa. 2. Os trabalhadores deliberam a constituição, aprovam os estatutos e elegem, por voto directo e secreto, os membros das comissões de trabalhadores. 3. Podem ser criadas comissões coordenadoras para melhor intervenção na reestruturação económica e por forma a garantir os interesses dos trabalhadores. 4. Os membros das comissões gozam da protecção legal reconhecida aos delegados sindicais. 5. Constituem direitos das comissões de trabalhadores:a) Receber todas as informações necessárias ao exercício da sua actividade; b) Exercer o controlo de gestão nas empresas; c) Participar nos processos de reestruturação da empresa, especialmente no tocante a acções de formação ou quando ocorra alteração das condições de trabalho; d) Participar na elaboração da legislação do trabalho e dos planos económico-sociais que contemplem o respectivo sector; e) Gerir ou participar na gestão das obras sociais da empresa; f) Promover a eleição de representantes dos trabalhadores para os órgãos sociais de empresas pertencentes ao Estado ou a outras entidades públicas, nos termos da lei. Artigo 55.º (Liberdade sindical) 1. É reconhecida aos trabalhadores a liberdade sindical, condição e garantia da construção da sua unidade para defesa dos seus direitos e interesses. 2. No exercício da liberdade sindical é garantido aos trabalhadores, sem qualquer discriminação, designadamente: a) A liberdade de constituição de associações sindicais a todos os níveis; b) A liberdade de inscrição, não podendo nenhum trabalhador ser obrigado a pagar quotizações para sindicato em que não esteja inscrito; c) A liberdade de organização e regulamentação interna das associações sindicais; d) O direito de exercício de actividade sindical na empresa; e) O direito de tendência, nas formas que os respectivos estatutos determinarem. 3. As associações sindicais devem reger-se pelos princípios da organização e da gestão democráticas, baseados na eleição periódica e por escrutínio secreto dos órgãos dirigentes, sem sujeição a qualquer autorização ou homologação, e assentes na participação activa dos trabalhadores em todos os aspectos da actividade sindical. 4. As associações sindicais são independentes do patronato, do Estado, das confissões religiosas, dos partidos e outras associações políticas, devendo a lei estabelecer as garantias adequadas dessa independência, fundamento da unidade das classes trabalhadoras. 5. As associações sindicais têm o direito de estabelecer relações ou filiar-se em organizações sindicais internacionais. 6. Os representantes eleitos dos trabalhadores gozam do direito à informação e consulta, bem como à protecção legal adequada contra quaisquer formas de condicionamento, constrangimento ou limitação do exercício legítimo das suas funções. Artigo 56.º (Direitos das associações sindicais e contratação colectiva) 1. Compete às associações sindicais defender e promover a defesa dos direitos e interesses dos trabalhadores que representem. 2. Constituem direitos das associações sindicais: a) Participar na elaboração da legislação do trabalho; b) Participar na gestão das instituições de segurança social e outras organizações que visem satisfazer os interesses dos trabalhadores; c) Pronunciar-se sobre os planos económico-sociais e acompanhar a sua execução; d) Fazer-se representar nos organismos de concertação social, nos termos da lei; e) Participar nos processos de reestruturação da empresa, especialmente no tocante a acções de formação ou quando ocorra alteração das condições de trabalho.

  • Constitution of the Portuguese Republic
    Země:
    Portugal

    Article 54 (Workers' committees) (1). Workers have the right to establish workers' committees for the defence of their interests and to secure a democratic share in the management of their enterprise. (2) Decisions to form workers’ committees shall be taken by the workers in question, who shall approve the committees’ by-laws and shall elect their members by direct, secret ballot. (3) Coordinating committees may be established, for the purpose of intervening more effectively in economic reorganisation and as a safeguard for the guarantees for the interests of the workers. (4) Committee members shall enjoy the protection afforded by the law to trade union delegates. (5) Workers' committees have the right: (a) To receive all information necessary for the carrying out of their activities; (b) To monitor the management of enterprises; (c) To participate in the processes of the company restructuring, particularly as they relate to training initiatives or when there is a change in working conditions; (d) To participate in the preparation of labour legislation, and social and economic plans, that concern their sector; (e) To manage, or participate in the management of, social activities of enterprises; (f) To sponsor the election of workers' representatives to the management organs of enterprises that belong to the State or other public bodies, in accordance with the law. Article 55 (Freedoms concerning trade unions) (1) Workers shall be free to form and operate trade unions as a condition and guarantee of the building of their unity in defence of their rights and interests. (2) In exercising their freedom to form and operate trade unions, workers shall particularly be guaranteed the following, without any discrimination: (a) Freedom to form trade unions at every level; (b) Freedom of membership. No worker shall be obliged to pay dues to a union to which he does not belong; (c) Freedom to determine the organisation and internal regulations of trade unions; (d) The right to engage in trade union activities in businesses; (e) The right to political views, in the forms laid down in the respective by-laws. (3) Trade unions shall be governed by the principles of democratic organisation and management, to be based on periodic elections of their managing bodies by secret ballot, without the need for any authorisation or homologation, and shall be founded on active worker participation in every aspect of trade union activity. (4) Trade unions shall be independent of employers, the state, religious denominations, and parties and other political associations, and the law shall lay down such guarantees as may be appropriate to that independence, which is fundamental to the unity of the working classes. (5) Trade unions shall possess the right to establish relations with or join international trade union organisations. (6) Workers’ elected representatives shall enjoy the right to be informed and consulted, as well as to adequate legal protection against any form of subjection to conditions, constraints or limitations in the legitimate exercise of their functions. Article 56 (Trade union rights and collective agreements) 1. Trade unions have the competence to defend and promote the defence of the rights and interests of the workers they represent. 2. Trade unions have the right: a) To take part in drawing up labour legislation; b) To take part in the management of social security institutions and other organisations that seek to fulfil workers’ interests; c) To pronounce themselves on economic and social plans and monitor their implementation; d) To be represented on social concertation bodies, as laid down by law; e) To take part in corporate restructuring processes, especially with regard to training actions or when working conditions are altered.

  • Constitution of the Republic of Poland
    Země:
    Poland

    Article 611. A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury.2. The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings.3. Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State.4. The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.

  • Constitution of the Republic of Poland
    Země:
    Poland

    Article 61.1. A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury.2. The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings.3. Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State.4. The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure.

  • Konstytucja Rzeczypospolitej Polskiej
    Země:
    Poland

    Art. 61.1. Obywatel ma prawo do uzyskiwania informacji o działalności organów władzy publicznej oraz osób pełniących funkcje publiczne. Prawo to obejmuje również uzyskiwanie informacji o działalności organów samorządu gospodarczego i zawodowego a także innych osób oraz jednostek organizacyjnych w zakresie, w jakim wykonują one zadania władzy publicznej i gospodarują mieniem komunalnym lub majątkiem Skarbu Państwa.2. Prawo do uzyskiwania informacji obejmuje dostęp do dokumentów oraz wstęp na posiedzenia kolegialnych organów władzy publicznej pochodzących z powszechnych wyborów, z możliwością rejestracji dźwięku lub obrazu.3. Ograniczenie prawa, o którym mowa w ust. 1 i 2, może nastąpić wyłącznie ze względu na określone w ustawach ochronę wolności i praw innych osób i podmiotów gospodarczych oraz ochronę porządku publicznego, bezpieczeństwa lub ważnego interesu gospodarczego państwa.4. Tryb udzielania informacji, o których mowa w ust. 1 i 2, określają ustawy, a w odniesieniu do Sejmu i Senatu ich regulaminy.

  • Employment and Industrial Relations Act, Cap. 452 of the Laws of Malta, 2002
    Země:
    Malta

    Article 35. The Minister may, after consultation with the Board, make regulations prescribing the minimum information which everyemployer shall be bound to provide to every employee and themanner in which such information is to be given to the employeeand to regulate any other matter relating to the employer’sobligation to inform or consult the employee or the employees’representatives on employment conditions, and, in such regulationsthe Minister may grant exemption from the obligation imposed bythis article or establish different rules for different classes or types of employment.

  • Code du Travail
    Země:
    Luxembourg

    (dans sa teneur modifiée au 11 novembre 2009)

  • Constitution of the Republic of Lithuania
    Země:
    Lithuania

    Article 50. Trade unions shall be established freely and shall function independently. They shall defend the professional, economic, and social rights and interests of employees. All trade unions shall have equal rights.

  • Lietuvos Respublikos Konstitucija
    Země:
    Lithuania

    50 straipsnis. Profesinės sąjungos kuriasi laisvai ir veikia savarankiškai. Jos gina darbuotojų profesines, ekonomines bei socialines teises bei interesus. Visos profesinės sąjungos turi lygias teises.

  • Constitution of the Italian Republic
    Země:
    Italy

    Art. 46. For the economic and social betterment of workers and in harmony with the needs of production, the Republic recognises the rights of workers to collaborate in the management of enterprises, in the ways and within the limits established by law.

  • Costituzione della Repubblica Italiana
    Země:
    Italy

    Art. 46. Ai fini della elevazione economica e sociale del lavoro e in armonia con le esigenze della produzione, la Repubblica riconosce il diritto dei lavoratori a collaborare, nei modi e nei limiti stabiliti dalle leggi, alla gestione delle aziende.

  • Employees (Provision Of Information and Consultation) Act 2006
    Země:
    Ireland

    An act to implement Directive 2002/14/ec of the European Parliament and of the Council of 11 March 2002 (...).

  • Magyarország Alaptörvénye
    Země:
    Hungary

    XVII. cikk (SZABADSÁG ÉS FELELŐSSÉG) (1) A munkavállalók és a munkaadók – a munkahelyek biztosítására, a nemzetgazdaság fenntarthatóságára és más közösségi célokra is figyelemmel – együttműködnek egymással.
    (2) Törvényben meghatározottak szerint a munkavállalóknak, a munkaadóknak, valamint szervezeteiknek joguk van ahhoz, hogy egymással tárgyalást folytassanak, annak alapján kollektív szerződést kössenek, érdekeik védelmében együttesen fellépjenek, amely magában foglalja a munkavállalók munkabeszüntetéshez való jogát. […]

2 results found

  • Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union

    [...]

    (3) Article 31 of the Charter of Fundamental Rights of the European Union (4) (the ‘Charter’) provides for the right of every worker to working conditions which respect his or her health, safety and dignity. Article 27 of the Charter provides for the right of workers to information and consultation. Article 28 of the Charter provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels. Article 23 of the Charter provides for the right to equality between women and men in all areas, including employment, work and pay.

    [...]

  • Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015 amending Directives 2008/94/EC, 2009/38/EC and 2002/14/EC of the European Parliament and of the Council, and Council Directives 98/59/EC and 2001/23/EC, as regards...

    Preamble:
    ‘(4) The existence of, and/or possibility of introducing, exclusions may prevent seafarers from fully enjoying their rights to fair and just working conditions and to information and consultation, or limit the full enjoyment of those rights. Insofar as the existence of, and/or possibility of introducing, exclusions is not justified on objective grounds and seafarers are not treated equally, provisions which allow such exclusions should be deleted.
    ‘(16) Since the objective of this Directive, namely to improve the working conditions of seafarers and their information and consultation, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.‘

3 results found

  • R204 - Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204)

    ‘10. Members should ensure that an integrated policy framework to facilitate the transition to the formal economy is included in national development strategies or plans as well as in poverty reduction strategies and budgets, taking into account, where appropriate, the role of different levels of government
    11. This integrated policy framework should address:
    [...]
    (e) the organization and representation of employers and workers to promote social dialogue; [...].‘
    ‘16. Members should take measures to achieve decent work and to respect, promote and realize the fundamental principles and rights at work for those in the informal economy, namely:
    (a) freedom of association and the effective recognition of the right to collective bargaining‘
    ‘31. Members should ensure that those in the informal economy enjoy freedom of association and the right to collective bargaining, including the right to establish and, subject to the rules of the organization concerned, to join organizations, federations and confederations of their own choosing‘

  • R205 - Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205)

    ‘8. Members should adopt a phased multi-track approach implementing coherent and comprehensive strategies for promoting peace, preventing crises, enabling recovery and building resilience that include: [...]
    (d) ensuring consultation and encouraging active participation of employers’ and workers’ organizations in planning, implementing and monitoring measures for recovery and resilience, taking into account, as appropriate, the views of the relevant civil society organizations;‘
    ‘15. In responding to discrimination arising from or exacerbated by conflicts or disasters and when taking measures for promoting peace, preventing crises, enabling recovery and building resilience, Members should: [...]
    (g) ensure that persons belonging to minorities concerned, and indigenous and tribal peoples are consulted, in particular through their representative institutions, where they exist, and participate directly in the decision-making process, especially if the territories inhabited or used by indigenous and tribal peoples and their environment are affected by a crisis and related recovery and stability measures;‘

  • Report of the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association (2016) - A/71/385

    ‘The Special Rapporteur recommends that businesses (including employers, lead firms,subsidiaries, suppliers, franchisees or investors in supply chains):
    Refrain from anti-union policies and practices, and reprisals against workers who exercise their peaceful assembly and association rights; [...]
    (iii) Implement the Guiding Principles on Business and Human Rights by, among other things, making policy commitments to respect peaceful assembly and association rights and conducting due diligence in relation to human rights in respect of global supply chains [...].‘