Zbiorowe spory pracy a współczesne koncepcje ładu społecznego

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Wydział Prawa i Administracji UAM

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Collective labor disputes and modern concepts of social order


A phenomenon of collective labor disputes adopting a shape of organized actions of workers against owners of production means postulating collective bargaining as means of establishing more advantageous conditions of labor or wages became an indispensable element of the industrial civilisation. The collective labor disputes are regulated by law in various ways, subject to prevalent opinions on the role of collective conflicts in a given state. According to the theories of functionalism, collective conflicts are socially undesirable as they result in interferences in a wanted model of conflictless, harmoniously developing society. Submission of collective disputes to statutory regulation is a consequence of this assumption. In autocracies functionalism adopts a shape of „monocentric social order". Strikes and other forms of labor protest cannot be reconciled with that concept of social order and are therefore forbidden by law. Manifestations of collective life in labor relations are not limited by state in statutory regulation in the systems of „polycentric social order". Fight between contradicting interests and arriving at compromise either by the sides of conflict by conciliation or in a result of activities of mediation or arbitration organs is the essence of that model of social order. In the system based on a social ownership of production means, in the author's opinion, a desirable socio- economic order can be achieved by harmonizing a system of collective bargaining and agreements with a planned activity of state in the scope of national income distribution. A theory of conflict does not fit to the assumptions of planned economy, it is followed by the opponents of functionalism and implies that tension in social relations is the essence of modern capitalism, even necessary to maintain and develop liberal economy. Socializing of production means cannot remove per se any sources of social tensions related to work in socialist economy. A strike is considered to be a pathological phenomenon in that system, it should not be disregarded thought with a reference to alleged „conflictlessness" of socialism: lack of contradictions between group interests of labor and interests of establishments. Therefore, in no model of social order in socialism can group conflicts be disregarded. Refering to the assumptions of economic reform in Poland (aimed at decentralizing management system), the author postulates to have collective disputes spreading to one or several establishments (works) settled by colleges of social arbitrators constituted by districts courts of labor and social security and by the Supreme Court, while the disputes concerning social questions in the scale of whole domestic economy and the whole labor (i.e. national collective disputes) should be settled by means of basic agreements made by government representation and trade unions vested with the right to strike as a final argument (art. 36 et seq. of the Trade Unions Act of 1982). The mentioned agreements, in the author's opinion, ought to solve any problems determining standard of life of citizens (wages, social services, prices and even taxation) and preclude, in that way, open conflicts between authorities and society. The proposition of „peaceful labor system" presented by the author pursues institution of a new agreement based and statutory model of collective labor law with a domination of basic agreements over authoritarian statutory regulation of employment, wages and social affairs in a wide sense of that term and consequently, breaking with exclusively unilateral regulating labor relations by the supreme organs of state power and administration (the Seym and the Government of Poland) without an authentic participation of trade unions.



Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016



Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 2, s. 21-45



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Uniwersytet im. Adama Mickiewicza w Poznaniu
Biblioteka Uniwersytetu im. Adama Mickiewicza w Poznaniu
Ministerstwo Nauki i Szkolnictwa Wyższego