*ETUI-Magdalena Bernaciak 34 results

"This study comparatively examines the relationship between revitalization strategies and trade union power resources in Central Eastern Europe. It shows that the post-2008 weakening of union power resources in the region served as a catalyst for a wide range of revitalization strategies, many of which included elements not documented in the revitalization literature. In most cases, union revitalization strategies involved the mobilization of organizational and societal resources and were geared towards (re)building statutory rights for unions and (re)establishing legal guarantees for workers. This ‘institutional longing', however, left many organizations oblivious to membership decline, which may threaten their long-term survival."

"The relation between trade unions' power resources and their ability to revitalize is contentious. One strand of literature claims that weak power resources prevent unions from undertaking efforts to restore their strength and influence, while another research strand argues that the depletion of power resources may stimulate unions to take such actions. This Special Issue tests these conflicting expectations with evidence from eight Central-Eastern European (CEE) countries. It focuses on the drivers and outcomes of different types of revitalization strategies that CEE unions employ to respond to challenges. By examining the link between union power resources and their revitalization strategies, it expands the scholarly knowledge on the preconditions and limits of union revitalization in adverse contexts."

"Intra-EU employee posting remains a politically and legally contentious matter that continues to feature on the agendas of lawmakers, trade unions and researchers alike. Numerous cases brought before the Court of Justice of the European Union (CJEU), as well as recent and ongoing revisions of the posting-related EU legal framework, suggest that problems are arising from clashing legal competences, weak enforcement and the breach and/or circumvention of posted workers' rights. Furthermore, until now there were virtually no accounts detailing issues related to the application of posting legislation in disputes at the national level.

This book fills that gap by offering a comparative analysis of national case law on posting-related matters in 11 EU Member States: Bulgaria, Denmark, Finland, France, Germany, Ireland, the Netherlands, Latvia, Poland, Portugal and Slovenia. The individual chapters focus on the main debates at the national level and the available case law, with a particular focus on who litigates, in which situations and exactly about what.

In view of the limited extent of posting, the intensity of the debate on the issue and the significant body of existing related case law is a striking and rather surprising finding. The evidence presented in the book shows that cross-border service provision and posting have sparked extensive discussions on workers' rights, permissible company practices, and, more broadly, the balance between social protection and market freedom in the EU. The analysis of the case law reveals that there is a need to clarify basic terms and legal constructs related to posting because currently there are still doubts concerning the interpretation and application of EU and national rules on cross-border mobility."

"Focusing on the cases of Italy and Poland, this article examines the link between union organizational democracy and the economic and political inclusion of precarious workers. It argues that union membership of vulnerable groups is not a necessary condition for the representation of their voice and economic interests by labour organizations; rather, these two forms of inclusion are shaped primarily by the institutional contexts in which unions operate as well as by their identities and structural characteristics. In both examined countries the economic inclusion of precarious workers has been more advanced, while the degree of their political inclusion has lagged behind and varied across major union confederations in line with two distinct models of unionism: a solidaristic and a diversity-oriented one. "