Can the Employer Determine the Trade Union Organisation? A Recent Lesson from the Czech Republic’s Semi- Promotion of Collective Bargaining

Abstract

In some countries, trade unions have certain rights or privileges guaranteed by the constitution, such as the right to collective bargaining and to negotiate a collective agreement. However, these rights are significantly restricted in other countries, particularly given recent internal social problems. This article explores the representativeness of trade unions in general, with a specific focus on the Czech Republic. We will consider what can be a source of legitimacy, as understood and promoted by an ex-communist Eastern European legislator in 2024. The Czech legislator empowered employers to decide which trade union organisation out of many operating in their facility shall be recognised unless most employees oppose the employer's will. If we compare it with international and European obligations, it is a bold move. Is it inspiration or deprivation when we compare the Czech story with recent trends of trade union representativeness in the Western and Central European legal space?

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