ПАРТИЦИПАЦИ ЈА РАДНИКА У УПРАВЉАЊУ ПРЕДУЗЕЋЕМ У УПОРЕДНОМ ПРАВУ
PARTICIPATION OF WORKERS IN MANAGING THE ENTERPRISE - A COMPARATIVE LAW APPROACH

Summary/Abstract: The subject matter treated are terminological and notional determinations of the participation of workers. Economic, labour-social and psychological arguments favouring the participation are pointed out, but also criticisms in the theory made by the employers and also by some trade union headquarters. Comparative law show's that legal regime of participation may be instrumentalized through heteronomous acts (special statutes on participation, general labour legislation or, partly, the statute concerning enterprises), or autonomous ones (collective agreements, internal statutes of the enterprises, participation programs and plans). The author emphasizes the advantages of statutoiy regulation. There are indirect and direct forms of participation of workers in managing enterprises, as well as institutional and non-institutional forms. Speaking of the institutional ones, particularly elaborated are the German and French models of the labour council (enterprise committee). These two differ more in terms of the composition and way of election, while less in terms of the function (jurisdiction) of the council. Further elaborated is the issue of parity and minority representation in the supervisory and/or managing board of the enterprise. Finally, author’s attention is dedicated to the director of labour and the worker-director, as an obligatory member of the managing board. Comparative review is continued with the elaboration of non-institutional forms of participation, and more particularly of joint consulting, quality circles, and a meeting of autonomous work teams, which are especially developed in Anglo-Saxon countries and Japan.

• Details
• Contents