Научные журналы
Университета имени О.Е. Кутафина (МГЮА)


Статьи в номере 1 за 2018 год

Аннотация: This article discusses issues related to the overall effect of Bulgaria’s accession to and membership in the European Union. The authors analyse the influence as a positive one since it has provided the opportunity for the Bulgarian nation and economy to be involved in a complex economic and legal system regulations as well as an adjustment mechanism. The price for this was paid at every level of the Bulgarian society — the closing of ineffective enterprises, business and public institutions, the loss of jobs and the adjustment of the workforce to unfavourable labour market conditions.

Автор: Nikolay Marin , Preslav Dimitrov


DOI: 10.17803/2313-5395.2018.1.9.209-221

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Аннотация: This article provides insight into the right to engage in secondary action against private enterprises, including the right to engage in secondary action against enterprises based in other EU Member States establishing themselves in Denmark. The most recent case in Denmark is the case against Ryainair in 2015,2 which has been in part confirmed by the CJEU in a preliminary ruling of October 2017.3 Secondary action refers to the phenomena, where industrial action is initiated to support an industrial dispute. If a trade union establishes a picket against an employer in order to force the employer to conclude a collective agreement with the union, the picket will ensure, that trade union members do not work for the employer. This will usually have no effect to the employer, if he is not currently employing members from the trade union, and the employer will be able to continue the operations of the enterprise as before, with the assistance of the employees already engaged. If the union wishes to apply more force to the employer, the union can extend the main dispute by the establishment of secondary — or sympathy — actions. These will be applied to members working in areas servicing the subject of the main dispute, and the subject will be cut off from services such as the supply of raw materials or transportation of products. This article will explain, that the right to engage in secondary action depends in part on the lawfulness of the main dispute, which is assessed by the Labour court for national as well as international entities establishing themselves in Denmark.

Автор: Natalie V. Munkholm


DOI: 10.17803/2313-5395.2018.1.9.222-239

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