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Demir And Baykara V Turkey
''Demir and Baykara v Turkey'' 008ECHR 1345is a landmark European Court of Human Rights case concerning Article 11 ECHR and the right to engage in collective bargaining. It affirmed the fundamental right of workers to engage in collective bargaining and take collective action to achieve that end. Facts Mr Vemal Demir was a member, and Mrs Vicdan Baykara was the president, of the Turkish trade union for civil servants, Tüm Bel Sen. The union signed a two-year collective agreement in 1993, but the employer, the Gaziantep Municipal Council did not comply with its provisions. Demir and Baykara brought proceedings in the District Court, and won their claim. However, on appeal the Court of Cassation quashed the decision. This Court held there was a right to join a union, but the union itself had "no authority to enter into collective agreements as the law stood". The matter was then remitted to the District Court, which in defiance restated its view that Demir and Baykara did have a r ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Closed-shop Agreement
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulation ...
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Industrial Law Journal
{{italic title The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971. The journal publishes articles on topics relating to employment law in the European Community and Commonwealth of Nations, although its coverage is not exclusive to these jurisdictions. The journal has carried articles on transnational labour law, legal issues concerning immigrant domestic workers, freedom of speech in the workplace, globalization, work–life balance Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal tr ..., and more. The journal also features reviews of new government documents relevant to employment law, and book reviews. The journal targets ...
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KD Ewing
Keith David Ewing (born 29 March 1955) is professor of public law at King's College London and recognised as a leading scholar in public law, constitutional law, law of democracy, labour law and human rights. Ewing's work has been considered as "one of the leading lights of English public law". He has been recognised as "one of the world's leading scholars of the constitution of social democracy" and is a co-author of two of Britain's leading textbooks in constitutional and administrative law, and labour law. Biography Ewing went to law school at Edinburgh University, where he graduated in 1976. He then went to Trinity Hall, University of Cambridge, to write his PhD in Law. In 1978, he went back to Edinburgh University to teach. Ewing taught at Edinburgh University (1978-1983) and at University of Cambridge (1983-1989), before becoming Professor of Public Law at King's College London School of Law in 1989. He has also taught at several universities in Australia (such as Universi ...
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The Rosella
''The Rosella'' or ''International Transport Workers Federation v Viking Line ABP'' (2007C-438/05is an EU law case, relevant to all labour law within the European Union, including UK labour law, which held that there is a positive right to strike. However, it also held that the right to strike could infringe a business's freedom of establishment under the Treaty on the Functioning of the European Union article 49 (ex Article 43 TEC). The decision has been criticised for the Court's inarticulate line of reasoning, and its disregard of fundamental human rights. ''The Rosella'' was shortly followed by a case on freedom to provide services called '' Laval Un Partneri Ltd v Svenska Byggnadsarbetareforbundet'', and by the influential European Court of Human Rights decision in ''Demir and Baykara v Turkey''. Facts Viking Line ABP operated a ship called ''The Rosella'' between Estonia and Finland. It wanted to operate under the Estonian flag so that it could use Estonian workers on ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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Vilho Eskelinen And Others
Vilho is a given name, and may refer to: * Vilho Luolajan-Mikkola (1911–2005), Finnish composer * Vilho Niittymaa (1896–1979), Finnish athlete * Vilho Petter Nenonen (1883–1960), Finnish general * Vilho Rättö (1913–2002), Finnish Knight of the Mannerheim Cross * Vilho Siivola (1910–1984), Finnish actor, director and a member of the Council of Theatre * Vilho Tuulos (1895–1967), Finnish triple jumper and long jumper * Vilho Väisälä (1889–1969), Finnish meteorologist and physicist {{given name Finnish masculine given names ...
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Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. The legal system needs to permit those subject to the law to regulate their conduct with certainty and to protect those subject to the law from arbitrary use of state power. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful. The concept of legal certainty may be strongly linked to that of individual autonomy in national jurisprudence. The degree to which the concept of legal certainty is incorporated into law varies depending on national jurisprudence. However, legal certainty frequently serves as the central principle for the development of legal methods by which law is made, interpreted and applied. Legal certainty is an established legal concept both in the civil law legal systems and common law legal systems. In the civil law tradition, legal certainty is def ...
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European Committee Of Social Rights
The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.Carole Benelhocine, ''The European Social Charter'' (Council of Europe, 2012) pp77-78 Contents The Charter was established to support the European Convention on Human Rights which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows: housing, health, education, labour rights, full employment, reduction of working hours equal pay for equal work, parental leave, social security, social and legal protection from poverty and social exclusion, free mo ...
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European Social Charter
The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By 1991, 20 nations had ratified it.Carole Benelhocine, ''The European Social Charter'' (Council of Europe, 2012) pp77-78 Contents The Charter was established to support the European Convention on Human Rights which is principally for civil and political rights, and to broaden the scope of protected fundamental rights to include social and economic rights. The Charter also guarantees positive rights and freedoms which concern all individuals in their daily existence. The basic rights set out in the Charter are as follows: housing, health, education, labour rights, full employment, reduction of working hours equal pay for equal work, parental leave, social security, social and legal protection from poverty and social exclusion, free mo ...
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Convention Concerning Protection Of The Right To Organise And Procedures For Determining Conditions Of Employment In The Public Service
Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a certain field who share a common interest ** Fan convention, a gathering of fans of a particular media property or genre ** Gaming convention, centered on role-playing games, collectible card games, miniatures wargames, board games, video games, and the like ** Political convention, a formal gathering of people for political purposes * Trade fair * Bridge convention, a term in the game of bridge * Convention (Paris Métro), a station on line 12 of the Paris Métro in the 15th arrondissement * "The Convention" (''The Office'' episode) * "Convention" (''Malcolm in the Middle'' episode) See also * Conference * National Convention (other) The National Convention was the first republican legislative body of the French Revolu ...
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