A developed system of collective bargaining is a value of the common European heritage, which has a positive impact on harmonious economic and social development. Collective agreements are an important autonomous source of labor law and a very effective tool for regulating working conditions and relationships between the social partners. However, collective bargaining can only be effective in a situation of free and voluntary collective bargaining and the autonomy of the parties.
The principles of autonomous, free and voluntary collective bargaining are based upon constitutional provision on trade union freedom and numerous international legal standards, beyond which autonomy cannot be limited by either the legislative, the executive or the judicial powers. The state must not take any measures that would limit or interfere with this right of workers and employers and their organizations, but on the other hand it must take necessary measures to ensure the effective exercise of this right. Despite the fact that collective bargaining should be approached from the broadest possible scope of substantive autonomy, it is possible to observe more and more cases of state intervention in autonomous collective bargaining in practice and thus narrowing of the scope of autonomy. During the economic crisis, interventions by public authorities in collective bargaining are increasing, particulary in the public sector, due to the implementation of economic stabilization policy measures. In addition, the narrowing of the autonomy of the social partners is also influenced by the tendency to establish a single market at EU level at the expense of strengthening economic freedoms and free competition. The main question of the master's thesis is when the state intervention in collective bargaining can be admissible and where is the upper limit of the admissibility of intervention in the right of autonomous collective bargaining.
|
