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Introduction

from Part IV - Conflicts of law in collective labour law

Published online by Cambridge University Press:  05 September 2014

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Summary

Introduction

Conflicts of law for collective rights have not been developed in the literature of private international labour law. In the Polish literature, the authors of private international law dealing with the conflict rules of labour law focused exclusively on individual labour law provisions. They did not take up the problems of collective labour law. The same applied in the literature abroad. The International Encyclopedia of Private International Law devotes to the conflict area of collective labour law no more than a dozen lines of text. Gamillscheg, in his literature in the field of the internal system of private international labour law work, 36 years ago came to the conclusion that it is premature to address the issues of collective rights in the context of a conflict of collective labour law governed by national rules of private international law. He separated three levels where conflict rules can apply to substantive labour law relating to industrial relations. These include, collective bargaining agreements, employee representation and collective disputes. These categories are considered by the author as appropriate for use in collective labour relations with a foreign element in collective labour during the time and place of certain undertakings regulated by such law. According to Gamillscheg's views, collective agreements, regardless of their use, are subjected to regulatory provisions in force in the country in which these agreements were negotiated and concluded.

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Publisher: Jagiellonian University Press
Print publication year: 2012

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