Global Union- Management Relations

A global right to strike?- stop working to obtain what I want to , collective right to stop working to obtain what U want, to stop working collectively, want to high payment, organise the strike, labour union, wages, most suffer employees, pro-business:-) european union, pernamnetly been replace:-) fires U:p, replace you U dont have to your job back, small difference, been faired unless you surreneded you have to be replace:-) in U.S. in fact not common big risk when U go on strike, replace by person from ulica:-)

Nurses, some qualification U need- it is difficult to replace them, have a safety treaning, very qualified people, keep business up, run it:-)

Striking about paymnet, loose U jobs,

different national views: full, limited and practically non-existent

Laval and Viking- the right to strike vs. Free movement of goods/ right to free trade, they strike so employer move to another country, what do when it is conflict- you have no right to strike when there is collision with free trade- cant strike, social damping- to trash people social rights, in European Unions is that, not sure when this is another country,

In this case U have no right to strike- right to free movement business

Movement from Poland to China- this is very theoreticall, pawerfull stop phisically to work

International secondary boycotts (Japan and U.S.)

Individual employment rights

No real hard, international public law on this subject, only soft law (ILO Conventions and UN Conventions) with weak enforceability. Reporting requirements?

Only what is provided by national public law and international private law( contracts)

3 areas- data protection, codes of conduct- only policy, no contract, not binding, 3. National whistleblowing laws that apply to companies'

Data protection- employee privacy rights and employee data on the international level, keeping private, limit ability to send this documention connecting with you as employee-

Essentially nationaal protections apply, but, for multinationals sending employees, and information about these employees, back and forth over sate lines, an international approach is needed

Employmemt at will- fired at U.S. because U sth posted on website social website, blog, ect.

+Common law exceptions:

Public policy (whistle blowing)

Company give U, phone, tablet and , company can check what U do on this website:-)

Tory of invasion

Statutory issues- mininal data protection in US - entersafting , caoting sth frolm one point to another points, prohibition in moment that is flying from one e-mail to another e-mail:-) kiedy plynie to pracodawca nie moze zabrać, ale gdy juz jest na twoim koputrze to moze:-)

Electronic communications Privacy Act

Title I, limited data protection laws,

State law initiatives( Maryland- illegal to ask for Facebook, pasword to facebook is legal in US employer may ask:-) state constitutional provisions applicable. To private employers, strong state privacy laws, state laws protecting employees' lawful off- duty conduct

New federal regulation

Expand interpretation of SCA

European law - data protection rights

Can not monit your tablet in EU , phone, facebook etc.

EU approach: almost all employee data is protected, att. 2(a) of the EC Data Protection Directive - personal data shall mean any information relating to an identified or identifiable natural person "data subject"

Employers in the EU generally cannot process employee data, as definied above, unless certain exceptions exist--- EXCEPTIONS- necessity to perform contract with data subject, 2, individual consent3. Governmnet requires

Individual employment rights

Also in limited situation, where

Art. 7 Data Protection,

Also in limited situations, where employee wrongdoing is suspected, though not always. In those cases, often union, works council or governmnent labour autjority must first be notified

Lidk, deutche Telecom, French examples:-)

International data transfers under EU law

Ok if to countries with equivalent data protection laws: Canada, Switzerland, Argentina

Or to US if company has agreed to standards in safe harbour provisions- safe port :-) , us agree to be legally onliged of European data protection law

To meet european standard, U make employee send to US

2. Scenery- code of concatct if there is legally ninding- match U data protection, company produces itself:-) is legally binding- part of hard law, company code- to put out, code is not binding- it is soft law, meet data protection standard

2. Dont have code of condact, but have a contract with employees, provisons of data protections in contract:-)

3)Locate most employee information in the least restrictive system U.S., but the sensitive

2) most restricive jurisdiction- for UE standard:-) financial cost higher:-) :-)

Not worry about nothing when we are place in US, there is not data protection law, :-)

:-)

Employer codes of conduct- employer policy, not contract, fremwork agreement, what kind of protection- generally are not binding, not enforce them,

Not legally binding when U say sth, but U didnt know exactly what they do

Developmnet- severe abuses of workers' rights leads to adoption of codes of conduct. Essentially, PR response, next stage- monitoring!!!!! Next step:-)

Monitoring- to control, inside or outside. Incentive problems?

Inside- bias, outside- keep contract, even if " independent monitor", i.e. high status NGO, what problems may atises? Be grren peace then they monitor, they are independent, neutral, who pay for NGO ? Employers pay for Ngo to monitor what is in Wietnam, you may say that is good but in fact may be wrong, is dangerous, because NGO keep contract, because we have the money, may be more gentle:-)

Effect of monitors' reports- 1) multinational breaks contract with offending supplier

2) parties work to correct prolblem

3) report is ignored

Monitoring from a supplier's perspective-

The problem of multiple codes of conduct and multiple nitors

Fake village,

Beyond monitory- cintent of the codes, right to organise, multiple employment rights, or a single issues?

Proposal- focus only on the issue

Enforcement issues with codes of conduct

Certified organic food- elocogical food, is produced in ecological way, this is certificied, so may thrus them:-)

:-)

Chemical weapon, no, certified,

To cetified country that this country not use child labour:-)

The extention of foreign law to protect foreign employees

In general, the labour law of the state in which the employee actually works applies

Does a jurisdiction exist to make an exception to this principle?

German employee work in poland- german law applies?

U.S. example- Sarbanes- Oxley SOX and the FCPA

Blow the wistle- what to try to do- inform the boss or golvernmnet that sth is wrong , report the boss or governmnet, sth illegal is happening, to pay attention :-)

Question- foreign employee U have protection, by americian labour law, small part of law,

Exception that may sens? :-) american law protect only amercian people, only citizens of that country

ACta- tort remedies in the US for violations of international law ( in Mc Donalds split hot coffe)

Sinaltrainal v. Coca cola- in US, for sevire violation, collombia, civil war between governmnet nad - antisocial, marksism, kill union labour leaders, , benefit to coca cola yes, but it was independent, right to organise nad bergain collectivelly, , governmnet win, sorry for U, very badly, coca not liable, they just benefit,

Doe v. Uniocal corp- Burma using slaves , work for governmnet, what kind of oil companies, slaves are helpfull, sholud Orlen be responsible, we want them, they did know anout them , different resolve, closer connection, slaves goes to US, then can win ,

labour rights and free trade

Jurisdiction- international law violation, 2 ideas,

Some models of substainable development are purely economic, using a cost/ benefit analysis

Environmental sustainable development: sometimes the economic harm caused by energy and industral developmnet outweighs any economic benefits, growth must be brought into balance with environmental sustainability

The labour standards model of sustainability has two bases: economic and individual

Free trade- free transfer of goods and services, enable free movement of goods, helpful for , more competitive on market foreign, disadvantage- consumer- lack of products, nothing come in, it is board:-) problem is , bigger selection, positive- generaly can to be cheaper, get better price, positive, negative- product are less competitive, biedronka is portugese, tesco is uk, piotr and paweł is polish, better proces offer:-) difficult to competive for small country or small nusiness, suffer domestic business,

world trade organisation- penalties, hard law, there are consequences, besic principle

Environmental sustainable development: sometimes the economic harm caused by enrgy,

Environmnetal Damage, is it connection with free trade? Free trade damagae , suffer environmnetal, respect, global impact, affect global warming, and your life, free trade, U can destroy , impact in poland but damage in India, Vietnam, affect everybody:-) we sholud some restriction on country in contexs of free trade

Sustainability development sasejnobul

Economic and individual

1. Highly paid, well-treared workers, and re productive ( they add more value through skill and efficiency), they also have more purchasing power and create a greather demand for goods and services,

Human rights- what affact? Democracy at work, U have rights, be better person :-) give right democracy at woek, what amy happen? Demicratic sociaty, at work, that translate in sociaty, sustinable developmnet

Lllaw and free trade- EU human right, labour law standard, free trade,

3 group

Us.- two models- every country must follow labour law, NaFTa- mexico, US, Canada, every country has to follow labour law, enforce law? Has law to exist but not enforce in this country?

nafta mechanism- it is important:-)

Establishment of administrative monitoring and enforcement mechanism,

U complain , investigation, mothing then , make chan this behaviour, severial laboul law violation, to go to arbitration, is binding, commiting several l.l. va. 20 mln $ may be in favour of complaint-

How many cases? Arbitration -zero!!!!! Theoretical,

The next US free trade model- Jordan 2000

Patties agree to follow lanour law, and shall strive to meet ILO core standards, ( mexico -interanational law) there ILO 1. Onw labour law, 2. Your own law plus ilo standards

2. Labour law includes a) right to join trade union, b)

Jordan law- :-) , simply go to arbitration

Post model 2007 Central yo publicy the labour law- parties agree to due , recognise that it is inappropraiate to encourage trade or invest, create

Enforcement - conciliation, then arbitrartion, as with any trade dispute. All labour

EFTE- free trade mldel- agreement with Ukraine, preambl, "no". Answer

Eu model- consist with sustainable development, very, recognjse that s. D. Include labour law nad environmnetal law,

There is no enforceability- building civic society

Going beyong FTAs the WTO and labour rights

Presently , the WTO does not deal with labour law- no free trade- is penalties financial payments

World free tarde, global minimum labour standards:-) we sholud have, frre must be fair tarde, theory is- we not allow this import that is not fair, is not compete, because it use slave to crete and to work at jacket and this country,

Canada- rich country,' poor country wirry about say no, no import from china because they violate lanour slave law, excuuse to protect european business not slave, child lanour, absolute free tde must be- Wto say,

Country destroy environmnetal that this country can not be free trade!!!!!

Public morals/public order---- that is not violate free trade, vodka polish - is not able in Spain, is it violate free trade? No!!!!

Pornografii- no prohibit pornografii, is allowed, public morality,

We can prohibit computer from this company ? Yes, ???

Labour law is protecting human life and health? How?

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