Workplace or Enterprise? How will the trade unions be authorized in fragmented workplaces of a corporation?

How do we define a working location in fragmented workplaces of a corporation? Is it a workplace or a part of an enterprise? How will affect the competence of trade unions and what will its implications be on negotiating and drawing up collective agreements?

Those particular questions are always a central matter of dispute in determining the trade unions’ authority to represent the workers in an enterprise. I have come across with such discussions when I acted as an arbitrator between employers and trade unions, and also raised the same question when I was counseling and representing employees in negotiations and disputes with trade unions.

In one of the cases I have followed, the Court of Appeals and Court of Cassation have drafted such a verdict, which almost perfectly is covering the case, assessing the prerequisites and drawing up the conclusion.

This verdict encouraged me to write a short article on the subject, which is recently published in the International Bar Association’s (IBA) Employment and Industrial Relations Law Committee newsletter.

You can reach the article here.