Barbara Surdykowska, legal advisor in the Expert Office of the National Commission of NSZZ "Solidarność", correspondent of the European Foundation for the Improvement of Living and Working Conditions in Dublin. She deals amongst others with the issues of the transnational dimension of industrial relations and the effects of digitization of the work environment. Currently participating in the international project: The Road to Transparent and Fair Remuneration and Working
The article deals with the jurisprudence of the Supreme Court of Canada regarding the relationship between the right of association and the right to collective bargaining and the right to strike. The paper analyzes such sentences as: BC Health or SFL v Saskatchewan. The article presents the "dialogue" between individual courts and tribunals. In the SFL v Saskatchewan ruling, the Supreme Court of Canada points to a growing international consensus that if the right to collective bargaining to be meaningful, it must include the right to strike. In these considerations the court directly refers to the achievements of the European Court of Human Rights in Strasbourg. The relationship between the jurisprudence of both entities is clear. A clear common base is the output of the quasicase law of the International Labor Organization.
In the paper the judgment of the General Court of the European Union of 24 October 2019 on the European sectoral social partners' agreement of 21 December 2015 "General framework for informing and consulting officials and employees of the central government administration" is discussed. The judgment is the result of a complaint by the European Federation of Public Service Trade Unions EPSU. This judgment and the future final ruling by the CJEU (following an appeal by EPSU) will be of key importance for the functioning of the European social dialogue mechanisms. These rulings allow us to pose questions about the role of the European Commission in this process.
The spreading COVID-19 pandemic is a serious blow to the global economy, including the relatively stable socio-economic structures of developed capitalism. The paper presents the first reactions of institutions and social partners. The authors point out that the pandemic crisis may lead to the fundamental transformation of the world of work as we know it today. In describing the vision of the world of work after the pandemic, 4 questions asked in the paper may be helpful, regarding: the future of globalization, changes in the work environment, the need to provide social security in a wider scope, and social changes in assessing the value of jobs.
The paper discusses the rulings of the CJEU: Egenberger, IR v JQ, Bauer and Max Planck, in which the Court pointed to the direct application of Articles: 21, 31 para. 2 and 47 EU Charter of Fundamental Rights. The author draws attention to the limited significance of this jurisprudence line due to the maintenance of the arguments contained in the AMS ruling, indicating that where there is a reference to "national law and practices" in the Charter's record, such a record makes it impossible to apply the Charter directly. The effect of the case-law pointing to the direct application of the Charter also depends on the number and quality of the questions referred for a preliminary ruling by the courts from a given country.
Barbara Surdykowska, legal advisor in the Expert Office of the National Commission of NSZZ "Solidarność", correspondent of the European Foundation for the Improvement of Living and Working Conditions in Dublin. She deals amongst others with the issues of the transnational dimension of industrial relations and the effects of digitization of the work environment. Currently participating in the international project: The Road to Transparent and Fair Remuneration and Working Conditions in the Transport Sector (TransFair).