dall'Irish Times, buona letturina
Thread Starter
Join Date: Apr 2008
Location: PPRuNe
Posts: 63
Likes: 0
Received 0 Likes
on
0 Posts
dall'Irish Times, buona letturina
Court ruling challenges Ryanair victory
KEITH EWING
Thu, Jul
01, 2010
OPINION: The denial by the Government and employers of
collective bargaining rights for workers is unsustainable under
international law
THE RIGHT of workers and trade unions to engage in
collective bargaining with employers is now firmly back on the agenda –
with a bang.
Rather bizarrely, the initiative has been made newsworthy
by an extraordinary intervention at Ibec’s recent annual employment law
conference. The wider business community, it seems, is biting its nails
at the prospect of having to recognise trade unions.
This is because
the right to bargain collectively is acknowledged in article 28 of the
EU Charter of Fundamental Rights (given legal effect by the Lisbon
Treaty).
But in a pre-emptive strike (no pun intended), Ibec solicitor
Loughlin Deegan sought to calm the business lobby’s nerves by
administering the soothing reassurance that “the notion that the
charter creates an obligation to introduce compulsory collective
bargaining is incorrect”, and that nothing in the Lisbon Treaty can
require Ireland to make any provision for mandatory union recognition.
If only it were that simple. Deegan’s problem is that he is looking at
the wrong Europe and the wrong European treaty. His concern should be
not with the European Union and the Lisbon Treaty, but with the Council
of Europe and the European Convention on Human Rights (ECHR), which
Ireland has ratified, and indeed incorporated into domestic law.
In
one of the most extraordinary decisions of a court anywhere in recent
years, in the landmark Demir v Turkey , the European Court of Human
Rights concluded on November 12th 2008 that the right to freedom of
association in article 11 of the ECHR now includes the right to bargain
collectively, said by the Grand Chamber of 17 judges to be an
“essential element” in the principle of freedom of association.
This
was a stunning decision, in which the judges overruled earlier cases
going back to 1975. The Strasbourg-based court is now saying that it
must take into account developments in international labour law, the
law and practice of other member states of the Council of Europe, as
well as the fact that the right to bargain collectively is recognised
by article 28 of the EU Charter.
This has huge implications for
Ireland. In the Ryanair decision in 2007, the Supreme Court held that
employers have a right not to recognise trade unions. In this, Ireland
stands alone in modern democracies, elevating by constitutional law the
rights of multinational enterprises above those of its citizens.
In
doing so, the Supreme Court has taken Ireland clearly into breach of
International Labour Organisation Convention (ILO) No 98, on the Right
to Organise and to Bargain Collectively, ratified by Ireland in 1955.
Acknowledging that the right to bargain collectively is a fundamental
human right, the latter imposes various duties on states, several of
which were called into question in the Ryanair case. The most
significant is the duty on states to promote collective bargaining, a
duty under international law which cannot be reconciled with the
Supreme Court’s dubious right of employers not to engage in collective
bargaining.
The Strasbourg court states that, “the absence of the
legislation necessary to give effect to the provisions of the
international labour conventions” amounts to an interference with trade
union freedom under article 11 of the ECHR.The court has now opened the
door to litigation as a trade union strategy to (i) challenge the
decision in the Ryanair case, and as (ii) an essential step in gaining
a legal right which is taken for granted in most liberal democracies.
Keith Ewing is professor of public law, King’s College London;
president of the Institute of Employment Rights; and vice- president of
the International Centre for Trade Union Rights
© 2010 The Irish Times
KEITH EWING
Thu, Jul
01, 2010
OPINION: The denial by the Government and employers of
collective bargaining rights for workers is unsustainable under
international law
THE RIGHT of workers and trade unions to engage in
collective bargaining with employers is now firmly back on the agenda –
with a bang.
Rather bizarrely, the initiative has been made newsworthy
by an extraordinary intervention at Ibec’s recent annual employment law
conference. The wider business community, it seems, is biting its nails
at the prospect of having to recognise trade unions.
This is because
the right to bargain collectively is acknowledged in article 28 of the
EU Charter of Fundamental Rights (given legal effect by the Lisbon
Treaty).
But in a pre-emptive strike (no pun intended), Ibec solicitor
Loughlin Deegan sought to calm the business lobby’s nerves by
administering the soothing reassurance that “the notion that the
charter creates an obligation to introduce compulsory collective
bargaining is incorrect”, and that nothing in the Lisbon Treaty can
require Ireland to make any provision for mandatory union recognition.
If only it were that simple. Deegan’s problem is that he is looking at
the wrong Europe and the wrong European treaty. His concern should be
not with the European Union and the Lisbon Treaty, but with the Council
of Europe and the European Convention on Human Rights (ECHR), which
Ireland has ratified, and indeed incorporated into domestic law.
In
one of the most extraordinary decisions of a court anywhere in recent
years, in the landmark Demir v Turkey , the European Court of Human
Rights concluded on November 12th 2008 that the right to freedom of
association in article 11 of the ECHR now includes the right to bargain
collectively, said by the Grand Chamber of 17 judges to be an
“essential element” in the principle of freedom of association.
This
was a stunning decision, in which the judges overruled earlier cases
going back to 1975. The Strasbourg-based court is now saying that it
must take into account developments in international labour law, the
law and practice of other member states of the Council of Europe, as
well as the fact that the right to bargain collectively is recognised
by article 28 of the EU Charter.
This has huge implications for
Ireland. In the Ryanair decision in 2007, the Supreme Court held that
employers have a right not to recognise trade unions. In this, Ireland
stands alone in modern democracies, elevating by constitutional law the
rights of multinational enterprises above those of its citizens.
In
doing so, the Supreme Court has taken Ireland clearly into breach of
International Labour Organisation Convention (ILO) No 98, on the Right
to Organise and to Bargain Collectively, ratified by Ireland in 1955.
Acknowledging that the right to bargain collectively is a fundamental
human right, the latter imposes various duties on states, several of
which were called into question in the Ryanair case. The most
significant is the duty on states to promote collective bargaining, a
duty under international law which cannot be reconciled with the
Supreme Court’s dubious right of employers not to engage in collective
bargaining.
The Strasbourg court states that, “the absence of the
legislation necessary to give effect to the provisions of the
international labour conventions” amounts to an interference with trade
union freedom under article 11 of the ECHR.The court has now opened the
door to litigation as a trade union strategy to (i) challenge the
decision in the Ryanair case, and as (ii) an essential step in gaining
a legal right which is taken for granted in most liberal democracies.
Keith Ewing is professor of public law, King’s College London;
president of the Institute of Employment Rights; and vice- president of
the International Centre for Trade Union Rights
© 2010 The Irish Times
Join Date: Jun 2009
Location: Italy
Posts: 1
Likes: 0
Received 0 Likes
on
0 Posts
Contratti italiani per Ryanair
La compagnia e' formalmente stata notificata dell' inizio delle indagini dalla guardia di finanza e dal ministero del lavoro, la prima a riguardo della IVA non pagata sui voli domestici, la seconda per le indagini sui contratti del personale navigante basato in Italia.
YouTube - AVIONEWS chiede a O'Leary (Ryanair) sui mancati pagamenti Iva in Italia
Tra le varie opzioni non si esclude la possibilita di fornire al personale di base in Italia contratti italiani , vedi easyjet...Ma, e questo ve lo posso garantire per esperienza personale, nn penso che MOL, sia intenzionato ad aumentare i costi (semmai verrebbe fatto contratto con effettivo paycut), o a dover fronteggiare la possibile nascita di un sindacato locale e indipendente che tuteli i lavoratori Ryanair presenti con contratto italiano.
YouTube - AVIONEWS chiede a O'Leary (Ryanair) sui mancati pagamenti Iva in Italia
Tra le varie opzioni non si esclude la possibilita di fornire al personale di base in Italia contratti italiani , vedi easyjet...Ma, e questo ve lo posso garantire per esperienza personale, nn penso che MOL, sia intenzionato ad aumentare i costi (semmai verrebbe fatto contratto con effettivo paycut), o a dover fronteggiare la possibile nascita di un sindacato locale e indipendente che tuteli i lavoratori Ryanair presenti con contratto italiano.
