| Abstract [eng] |
Collective Labour Relations of an International Nature With the growth and expansion of storage infrastructures, and the establishment of more and more branches in other countries, the number of collective labor relations with an international element is increasing, so the international nature of collective labor relations is needed. This master's thesis examines the concept of collective labor relations, subjects and focuses on this relationship in various forms, delving into their international nature and peculiarities. Collective labor relations, as part of collective law, take place between employees or their representatives and the employer or his representatives. The characteristic separation of forms of collective labor relations helps to analyze their international nature as widely as possible. The international nature of these forms depends on the occurrence of a foreign (international) element - the subject, object or legal fact of the relationship which gave rise to or ended that legal relationship - and the question of the applicable law has to be accepted. The principle of lex loci laboris applies to cross-border information and consultation. The transnational nature of collective bargaining and collective agreements, where the negotiated and enforced collective agreement is the law of the parties to the negotiations and the conclusion of the collective agreement. The issues of the law applicable to collective agreements are addressed in the Rome I Regulation. The law applicable to collective actions of an international character shall be determined by the law of the State of the place of such action. The applicable law is the liability arising from existing collective actions under the Rome II Regulation. According to the case law of the Court of Justice, the problem of the forms of collective labour relations in an international nature is analyzed. |
