Rola organów samorządu załogi w indywidualnych sprawach pracowniczych
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Date
1986
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Journal Title
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
The Role of Workers' Self-Government in Individual Cases of Emploees
Abstract
In principle, the present regulations do not vest organs of the self-government
with rights to decide or settle individual cases concerning the employment relation.
There are certain exceptions to the rule (opinions concerning decisions of allocation
of premises, opinions in cases of applications to award State orders and
distinctions, opinions in cases of technological innovations suggested by employees,
cases concerning the employment relation of an enterprise director). The solution adopted in the binding regulation has to be, in general, considered
as the correct one. Entrusting the self-government organs with individual
cases of employees in a wider extent than presently provided by law would inevitably
generate negative consequences. Particularly, the general orientation of the
workers' self-government organs would be altered. Settling individual cases of
employees by those organs would definitely be done at the sacrifice of general economic
affairs of an enterprice and its personnel. Organs of workers' self-government
entering into the individual cases concerning the employment relation can be
threatened with conflicts with trade unions' organs and adopting unions' positions.
The self government organs' intervention into the individual cases concerning
the employment relation might also curtail the manager's power in the enterprise
as well as collectivization of employment relations and of responsibility.
The activity of self-government organs on the level of enterprise, plant or
department cannot change the essence of individual employment relations with superior's
power and employee's subordination. Modifications of individual employment
relations can be carried out by means of special forms of labor organization
as self-government teams, economic groups, autonomous groups etc.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
Keywords
Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 3, s. 65-79