Journal of the Charles University Law Faculty
Martin Štefko
Author’s affiliation:
Faculty of Law, Charles University in Prague
With whom is the (foreign) investor obliged to bargain collectively?
Jurisprudence 6/2024 Section: Articles Page: 1-9
Keywords: Trade union organization; Representativeness of trade union organization; Labour law
Abstract: The aim of this article is to point out the limits of the majority principle as the only legitimizing factor for trade union organization in the Czech legal system, namely through the international obligations of the Czech Republic, as well as through the recent trends of trade union representativeness in the Western and Central European legal area. If the Czech legislator was determined to reintroduce representativeness into enterprise collective bargaining, this should not have been done through strengthening the employer's decision-making power, but by means of proven representativeness, the verification of which would be carried out effectively and free of charge by a judge as can be seen in France or by an arbitrator as in Slovakia.
