20.12.2023

THIS IS WHO IS OBLIGED TO HELP THE TRADE UNIONS

According to the law, state bodies, local self-government bodies and employers create conditions and assist trade union organizations to carry out their activities.

They provide them free of charge with movable and immovable properties, buildings, premises and other material conditions necessary for the performance of their functions. What is the provision of these conditions and is there an option to bypass them?

The Labor Code recognizes the important social function of trade unions as the authentic representative and defender of the rights and interests of workers and imperatively stipulates that state bodies, local self-government bodies and employers are obliged to create conditions and assist trade unions to implement their activity. The general duty of state bodies, local self-government bodies, as well as employers is that they must first of all create the necessary conditions for the implementation of trade union activities.

Under the term "conditions" should be understood the creation of that atmosphere and environment that best supports the respective trade union organizations to effectively and timely exercise their representative and protective functions.

For this reason, the term "conditions" in all cases is associated with the specifics, with the peculiarities and challenges of trade union activity, with the essence of the trade union cause, with the circumstances and requirements that accompany trade union work. In practice, this means that the issues that have arisen, which relate to labor and social security relations and to issues of the standard of living, should be resolved by the social partners at the appropriate level, through the means of social dialogue, in a spirit of cooperation and mutual respect for the interests and of the two parties involved in it.

It is specifically stated that the state carries out the regulation of labor and directly related relations, insurance relations, as well as issues of the standard of living in cooperation and after consultation with the representative organizations of workers and employers.

The law specifies the type of material and technical conditions that should be provided to trade union organizations. These conditions are listed by way of example and are mainly reduced to buildings, premises provided for free use, as well as "other material conditions".

Under the concept of "other material conditions" should be understood, for example, the assumption of consumable expenses for the use by the unions of lighting, heating, water, telephone charges within predetermined limits, etc. The expression "other material conditions" is related to the provision of buildings and premises, because what is the point of the state or the employer providing for free use premises in which there is no electricity, water, heating or these costs are not borne, but only four walls?

In order to have clarity and certainty in the relations between the social partners, the specific obligations by law should be provided on the basis of agreements or clauses in collective labor agreements. These obligations should be in written documents, in writing, and not by verbal agreement, promise, etc.

The state authorities or the employer provides, according to its possibilities, the free use of premises for carrying out the activities of the trade unions and, after prior agreement, provides conditions for holding trade union events, free use of telephone/fax, copier equipment, Internet and e-mail access in sufficient volume and others the like, which are evidence of good cooperation between employers and trade unions expressed in writing.

Reference:

Art. 46 of the Labor Code