eu-charter

Carta dos Direitos Fundamentais da UE

Artigo 28.o - Direito de negociação e de acção colectiva

Artigo 28.o - Direito de negociação e de acção colectiva

Os trabalhadores e as entidades patronais, ou as respectivas organizações, têm, de acordo com o direito da União e as legislações e práticas nacionais, o direito de negociar e de celebrar convenções colectivas aos níveis apropriados, bem como de recorrer, em caso de conflito de interesses, a acções colectivas para a defesa dos seus interesses, incluindo a greve.

Anotações

  • Text:

    Este artigo baseia-se no artigo 6.o da Carta Social Europeia e nos pontos 12 a 14 da Carta Comunitária dos Direitos Sociais Fundamentais dos Trabalhadores. O direito à acção colectiva foi reconhecido pelo Tribunal Europeu dos Direitos do Homem como um dos elementos do direito sindical estabelecido pelo artigo 11.o da CEDH. No que se refere aos níveis apropriados a que a negociação colectiva pode efectuar-se, ver as anotações ao artigo anterior. As modalidades e os limites do exercício de acções colectivas, entre as quais a greve, relevam das legislações e práticas nacionais, inclusivamente no que toca à questão de saber se podem ser conduzidas paralelamente em vários Estados-Membros.

    Source:
    Jornal Oficial da União Europeia C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    As presentes anotações, inicialmente elaboradas sob a responsabilidade do Praesidium da Convenção que redigiu a Carta dos Direitos Fundamentais da União Europeia, foram actualizadas sob a responsabilidade do Praesidium da Convenção Europeia, à luz das adaptações ao texto (nomeadamente aos artigos 51.o e 52.o) da Carta introduzidas pela Convenção Europeia e da evolução do direito da União. Embora não tenham em si força de lei, constituem um valioso instrumento de interpretação destinado a clarificar as disposições da Carta.

Jurisprudência

Direitos constitucionais nacionais

57 results found

  • A Magyar Köztársaság Alkotmánya
    País:
    Hungary

    4 § A szakszervezetek és más érdekképviseletek védik és képviselik a munkavállalók, a szövetkezeti tagok és a vállalkozók érdekeit.70/C § (1) Mindenkinek joga van ahhoz, hogy gazdasági és társadalmi érdekeinek védelme céljából másokkal együtt szervezetet alakítson vagy ahhoz csatlakozzon.(2) A sztrájkjogot az ezt szabályozó törvények keretei között lehet gyakorolni.(3) A sztrájkjogról szóló törvény elfogadásához a jelenlévő országgyűlési képviselők kétharmadának szavazata szükséges.

  • Act (436/1946) (As Amended By Several Acts, Including No. 864/2001)
    País:
    Finland

    1. A collective agreement within the meaning of this Act is any agreement concluded by one or more employers or registered associations of employers and one or more registered associations of employees, concerning the conditions to be complied with in contracts of employment or in employment generally.

  • Act on Collective Bargaining (No. 2/1991) (consolidation)
    País:
    Slovakia

    Article 36 Employees have the right to just and satisfying working conditions. The law guarantees, above all (...) g) the right to collective bargaining. Article 37 (1) Everyone has the right to freely associate with others in order to protect his economic and social interests. (2) Trade union organizations are established independently of the state. It is inadmissible to limit the number of trade union organizations, as well as to give some of them a preferential status in an enterprise or a branch of the economy. (3) The activity of trade union organizations and the founding and operation of other associations protecting economic and social interests can be restricted by law, if such measure is necessary in a democratic society to protect the security of the state, public order, or the rights and freedoms of others. (4) The right to strike is guaranteed. The conditions shall be laid down by law. Judges, prosecutors, members of the armed forces and armed corps, and members and employees of the fire and rescue brigades do not have this right.

  • Ametiühingute seadus
    País:
    Estonia

    § 1. Seaduse ülesanded. (1) Käesolev seadus sätestab ametiühingute põhilised õigused, tegevuse alused, suhted riigi- ja kohaliku omavalitsuse asutuste ja tööandjatega.
    (2) Käesolev seadus sätestab erisused mittetulundusühingutena tegutsevate ametiühingute asutamise, tegevuse ja lõpetamise kohta. 

  • Basic Law for the Federal Republic of Germany
    País:
    Germany

    Article 9 (3) The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful. Measures taken pursuant to Article 12a, to paragraphs (2) and (3) of Article 35, to paragraph (4) of Article 87a, or to Article 91 may not be directed against industrial disputes engaged in by associations within the meaning of the first sentence of this paragraph in order to safeguard and improve working and economic conditions.

  • Code du Travail
    País:
    Luxembourg

    (dans sa teneur modifiée au 11 novembre 2009)

  • Collective Agreements
    País:
    Finland
  • Collective Labour Dispute Resolution Act
    País:
    Estonia

    § 1. Purpose of Act. This Act regulates the procedure for the resolution of collective labour disputes and the calling and organisation of strikes and lock-outs.

  • Constitution of Finland
    País:
    Finland

    Section 13 Freedom of assembly and freedom of association (...) Everyone has the freedom of association. Freedom of association entails the right to form an association without a permit, to be a member or not to be a member of an association and to participate in the activities of an association. The freedom to form trade unions and to organise in order to look after other interests is likewise guaranteed. 

  • Constitution of the Hellenic Republic
    País:
    Greece

    Article 22(2). General working conditions shall be determined by law, supplemented by collective labour agreements concluded through free negotiations and, in case of the failure of such, by rules determined by arbitration. [...] Article 23 (1). The State shall adopt due measures safeguarding the freedom to unionise and the unhindered exercise of related rights against any infringement thereon within the limits of the law. (2). Strike constitutes a right to be exercised by lawfully established trade unions in order to protect and promote the financial and the general labour interests of working people. Strikes of any nature whatsoever are prohibited in the case of judicial functionaries and those serving in the security corps. The right to strike shall be subject to the specific limitations of the law regulating this right in the case of public servants and employees of local government agencies and of public law legal persons as well as in the case of the employees of all types of enterprises of a public nature or of public benefit, the operation of which is of vital importance in serving the basic needs of the society as a whole. These limitations may not be carried to the point of abolishing the right to strike or hindering the lawful exercise thereof.

  • Constitution of the Italian Republic
    País:
    Italy

    Art. 39. Trade unions may be freely established. No obligations may be imposed on trade unions other than registration at local or central offices, according to the provisions of the law. A condition for registration is that the statutes of the trade unions establish their internal organisation on a democratic basis. Registered trade unions are legal persons. They may, through a unified representation that is proportional to their membership, enter into collective labour agreements that have a mandatory effect for all persons belonging to the categories referred to in the agreement. Art. 40. The right to strike shall be exercised in compliance with the law.

  • Constitution of the Republic of Bulgaria
    País:
    Bulgaria

    Art. 50 Workers and employees shall have the right to strike in defence of their collective economic and social interests. This right shall be exercised in accordance with conditions and procedures established by law. 

  • Constitution of the Republic of Croatia
    País:
    Croatia

    Article 60
    In order to protect their economic and social interests, all employees shall be entitled to form trade unions and they shall be free to join and leave them.
    Trade unions may form their federations and join international trade union organisations.
    The formation of trade unions in the armed forces and the police may be restricted by law.
    Employers shall be entitled to form associations and they shall be free to join and leave them.

    Article 61
    The right to strike shall be guaranteed.
    The right to strike may be restricted in the armed forces, the police, the civil service and public services as specified by law.

  • Constitution of the Republic of Estonia
    País:
    Estonia

    Article 29. (…) Everyone is free to belong to unions and federations of employees and employers. Unions and federations of employees and employers may assert their rights and lawful interests by means which are not prohibited by law. The conditions and procedure for the exercise of the right to strike are provided by law.
    The procedure for resolution of labour disputes is provided by law.

  • Constitution of the Republic of Hungary
    País:
    Hungary

    Article 4Labor unions and other representative bodies shall protect and represent the interests of employees, members of co-operatives and entrepreneurs.Article 70/C(1) Everyone has the right to establish or join organizations together with others with the objective of protecting his economic or social interests.(2) The right to strike may be exercised within the framework of the law regulating such right.(3) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the right to strike.

  • Constitution of the Republic of Latvia
    País:
    Latvia

    108. Employed persons have the right to a collective labour agreement, and the right to strike. The State shall protect the freedom of trade unions. 

  • Constitution of the Republic of Latvia
    País:
    Latvia

    108. Employed persons have the right to a collective labour agreement, and the right to strike. The State shall protect the freedom of trade unions.

  • Constitution of the Republic of Lithuania
    País:
    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. Article 51. While defending their economic and social interests, employees shall have the right to strike. Limitations on this right and the conditions and procedure for its implementation shall be established by law.

  • Constitution of the Republic of Poland
    País:
    Poland

    Article 20A social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland.Article 591. The freedom of association in trade unions, socio-occupational organizations of farmers, and in employers' organizations shall be ensured.2. Trade unions and employers and their organizations shall have the right to bargain, particularly for the purpose of resolving collective disputes, and to conclude collective labour agreements and other arrangements.3. Trade unions shall have the right to organize workers' strikes or other forms of protest subject to limitations specified by statute. For protection of the public interest, statutes may limit or forbid the conduct of strikes by specified categories of employees or in specific fields.4. The scope of freedom of association in trade unions and in employers' organizations may only be subject to such statutory limitations as are permissible in accordance with international agreements to which the Republic of Poland is a party. 

  • Constitution of the Republic of Poland
    País:
    Poland

    Article 20A social market economy, based on the freedom of economic activity, private ownership, and solidarity, dialogue and cooperation between social partners, shall be the basis of the economic system of the Republic of Poland.Article 591. The freedom of association in trade unions, socio-occupational organizations of farmers, and in employers' organizations shall be ensured.2. Trade unions and employers and their organizations shall have the right to bargain, particularly for the purpose of resolving collective disputes, and to conclude collective labour agreements and other arrangements.3. Trade unions shall have the right to organize workers' strikes or other forms of protest subject to limitations specified by statute. For protection of the public interest, statutes may limit or forbid the conduct of strikes by specified categories of employees or in specific fields.4. The scope of freedom of association in trade unions and in employers' organizations may only be subject to such statutory limitations as are permissible in accordance with international agreements to which the Republic of Poland is a party. 

Direito da UE

5 results found

  • Community Charter of the Fundamental Social Rights of Workers (not in force)

    14. The internal legal order of the Member States shall determine under which conditions and to what extent the rights provided for in Articles 11 to 13 apply to the armed forces, the police and the civil service.

  • Community Charter of the Fundamental Social Rights of Workers (not in force)

    13. The right to resort to collective action in the event of a conflict of interests shall include the right to strike, subject to the obligations arising under national regulations arid collective agreements.
    In order to facilitate the settlement of industrial disputes the establishment and utilization at the appropriate levels of conciliation, mediation and arbitration procedures sliould be encouraged in accordance with national practice.

  • Community Charter of the Fundamental Social Rights of Workers (not in force)

    12. Employers or employers' organizations, on the one hand, and workers' organizations, on the other, shall have the right to negotiate and conclude collective agreements under the conditions laid down by national legislation and practice. The dialogue between the two sides of industry at
    European level which must be developed, may, if the parties deem it desirable, result in contractual relations in particular at inter-occupational and sectoral level.

  • 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 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers

    Preamble

    ‘(46) Third-country national seasonal workers should be granted equal treatment in respect of those branches of social security listed in Article 3 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (13). This Directive does not harmonise the social security legislation of Member States and does not cover social assistance. It is limited to applying the principle of equal treatment in the field of social security to the persons falling within its scope. This Directive should not confer more rights than those already provided in existing Union legislation in the field of social security for third-country nationals who have cross-border interests between Member States.
    Due to the temporary nature of the stay of seasonal workers and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (14), Member States should be able to exclude family benefits and unemployment benefits from equal treatment between seasonal workers and their own nationals and should be able to limit the application of equal treatment in relation to education and vocational training, as well as tax benefits.
    This Directive does not provide for family reunification. Furthermore, this Directive does not grant rights in relation to situations which lie outside the scope of Union law such as, for example, situations where family members reside in a third country. That should not, however, affect the right of survivors who derive rights from the seasonal worker to receive survivor’s pensions when residing in a third country. This should be without prejudice to the non-discriminatory application by Member States of national law providing for de minimis rules on contributions to pension systems. Mechanisms should be in place in order to ensure effective social security coverage during the stay and the exporting of acquired rights of the seasonal workers, where applicable.
    (47) Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.‘

    (52) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular, Articles 7, 15(3), 17, 27, 28, 31 and 33(2) thereof, in accordance with Article 6 TEU

    Article 23 - Right to equal treatment

    ‘1. Seasonal workers shall be entitled to equal treatment with nationals of the host Member State at least with regard to:
    (a) terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
    (b) the right to strike and take industrial action, in accordance with the host Member State’s national law and practice, and freedom of association and affiliation and membership of an organisation representing workers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations, including the right to negotiate and conclude collective agreements, without prejudice to the national provisions on public policy and public security;
    (c) back payments to be made by the employers, concerning any outstanding remuneration to the third-country national;
    (d) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004;
    (e) access to goods and services and the supply of goods and services made available to the public, except housing, without prejudice to the freedom of contract in accordance with Union and national law;
    (f) advice services on seasonal work afforded by employment offices;
    (g) education and vocational training;
    (h) recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;
    (i) tax benefits, in so far as the seasonal worker is deemed to be resident for tax purposes in the Member State concerned.
    Seasonal workers moving to a third country, or the survivors of such seasonal workers residing in a third-country deriving rights from the seasonal worker, shall receive statutory pensions based on the seasonal worker’s previous employment and acquired in accordance with the legislation set out in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.
    2. Member States may restrict equal treatment:
    (i) under point (d) of the first subparagraph of paragraph 1 by excluding family benefits and unemployment benefits, without prejudice to Regulation (EU) No 1231/2010;
    (ii) under point (g) of the first subparagraph of paragraph 1 by limiting its application to education and vocational training which is directly linked to the specific employment activity and by excluding study and maintenance grants and loans or other grants and loans;
    (iii) under point (i) of the first subparagraph of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the seasonal worker for whom he/she claims benefits, lies in the territory of the Member State concerned.
    3. The right to equal treatment provided for in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to extend or renew the authorisation for the purpose of seasonal work in accordance with Articles 9 and 15.‘

Direito internacional

1 results found

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

    VII. Freedom of association, social dialogue and role of employers’ and workers’ organizations
    ‘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
    32. Members should create an enabling environment for employers and workers to exercise their right to organize and to bargain collectively and to participate in social dialogue in the transition to the formal economy
    33. Employers’ and workers’ organizations should, where appropriate, extend membership and services to workers and economic units in the informal economy
    34. In designing, implementing and evaluating policies and programmes of relevance to the informal economy, including its formalization, Members should consult with and promote active participation of the most representative employers’ and workers’ organizations, which should include in their rank, according to national practice, representatives of membership-based representative organizations of workers and economic units in the informal economy
    35. Members and employers’ and workers’ organizations may seek the assistance of the International Labour Office to strengthen the capacity of the representative employers’ and workers’ organizations and, where they exist, representative organizations of those in the informal economy, to assist workers and economic units in the informal economy, with a view to facilitating the transition to the formal economy‘

Produtos

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