E drejta e punëtorëve dhe punëdhënësve për organizim
E drejta në organizim është e drejtë e cila mbështetjen nuk e ka vetëm në legjislacionin e brendshëm por edhe në atë ndërk. Në këtë drejtim punëtorët dhe punëdhënësi kanë të drejtë të themelojnë dhe varësisht nga rregullat e organizatës së caktuar, t’iu bashkohen organizatave të cilat ata i zgjedhin vetë pa kurrfarë leje paraprake. Organizatat e punëtorëve dhe të punëdhënësve kanë të drejtë të themelojnë dhe tu bashkohen federatave dhe konfederatave dhe këto si të tilla kanë të drejtë të lidhen me organizatat ndërk të punëtorëve. Organizatat e punëtorëve dhe të punëdhënësve si dhe federatat dhe konfederatat kanë të drejtë të hartojnë statusin dhe rregullat e tyre, ti zgjedhin përfaqësuesit e tyre, ta organizojnë administratën dhe veprimtarinë e tyre si dhe të formulojnë programet e tyre. Ministria e punës dhe mirëqenies sociale nuk mund ti shpërbëj apo ti pezullojë organizatat e punëdhënësve apo të punëtorëve qofshin ato federata apo konfederata. Organizatat e punëtorëve apo sindikatat janë të obliguara që të regjistrohen pranë organit kompetent për çështje të punës. regjistrimi i organizatave të sindikatës është i domosdoshëm për fillimin dhe për zhvillimin e mëtejmë të lirë të aktivitetit dhe veprimtarisë së tyre. Përveç regjistrimit, sindikatat janë të obliguara që organit kompetent ti dorëzojnë një kopje të statusit të tyre dhe një list me emrat, mbiemrat, datëlindjet dhe adresat e personave përgjegjës për udhëheqjen dhe administrimin e sindikatës.
Mbrojtja ndaj akteve të diskriminimit sindikal dhe nga aktet e ndërhyrjes
Si akte të diskriminimit sindikal konsiderohen të gjitha veprimet të cilat punëtorin do ta dëmtonin me rastin e punësimit apo lidhur me punën e tij. Aktet e diskriminimit sindikal përfshijnë: 1. paraqitjen e ofertës për punësim me kusht që punëtori i mundshëm të mos anëtarësohet në sindikatë; 2. largimi i punëtorit nga puna ose paragjykimet negative ndaj një punëtori për shkak të anëtarësimit të tij në sindikatë. Organiztat e punëtorëve dhe punëdhënësve gëzojnë edhe mbrojtje adekuate nga aktet e ndërhyrjes nga organizata tjera sa i pëket themelimit, funksionimit dhe administratës. Aktet e ndërhyrjes përfshijnë nxitjen e themelimit të organizatës përkatësisht organizatave të punëtorëve, nën kontrollin e organizatës apo organizatave të punëdhënësve dhe mbështetjen e organizatës apo organizatave me mjete financiare ose me mjete tjera me qëllim të vënies së tyre nën kontrollin e organizatës së punëdhënësve.
E drejta në grevë...
Greva është një nga mjetet më të rëndësishme të presionit sindikal kundër punëdhënësit. Greva është formë e organizuar e ndërprerjës së punës, kurse qëllimi i organizimit të grevës nga ana e sindikalisteve qëndron në realizimin e të drejtave dhe interesave ekonomike dhe sociale për punëtorët, në rastet kur këto të drejta nuk mund të realizohen me mjete paqësore. Në shumicën ëe legjislacioneve e drejta në grevë është e përcaktuar me ligj apo me ligje të veçanta për të drejtën e grevës. Legjislacioni ynë nuk e rregullon çështjen e grevës.
Karakteristikat themelore të të drejtës në grevë në shtetet bashkëkohore
Çështja e të drjtës së grevës nuk është e rregulluar në mënyrë të njëjtë në të gjitha vendet. Në sistemin juridik të disa vendeve greva as që përmendet dhe ekzistojnë dispozita të cilat disa lloje të grevave i inkriminojnë si delikte. Greva jo vetëm që trajtohet ndryshe por edhe në praktikë shprehet në forma të ndryshme. Edhe pse grevën e përcjellin ndërprerja e punës, praktika tregon se disa vende njohin atë lloj të grevës ku punëtorët vazhdojnë të punojnë përkudër dëshirës së punëdhënësit.
Nocioni dhe llojet e grevës
Greva është formë apo mjet i kundërvënies së punëtorit kundër punëdhënësit. Në rregullimin e grevës ndikojnë shumë faktorë siç janë: shkalla e zhvillimit ekonomik të vendit, aktivitetet specifike që i zhvillojnë sindikatat, forma e regjimit politik dhe faktorë tjerë ekonomiko-shoqëror. Sipas definicionit të ngushtë, greva paraqet ndërprerjen kolektive të punës nga ana e më shumë punëtorëve me qëllim të realizimit të të drejtave të tyre nga marrëdhëniet e punës. Një nga përkufizimet e grevës në kuptim të gjerë është dhënë nga autori Orion sipas të cilit greva është ndërprerje kolektive e kryerjes se punëve nga ana e një grupi të punëtorëve me qëllim të pengesës së afarizmit në kuadër të një apo më shumë ndërmarrjeve, e që kanë për objekt ushtrimin e presionit qoftë në punëdhënës apo në persona tjerë.
Llojet e grevave
Varësisht nga efektet juridike që prodhojnë, grevat klasifikohen në: ligjore dhe joligjore. Në pajtim me formën e ushtrimit, grevat ndahen në greva paralajmëruese, befasuese, qarkore, me ndërprerje, të paorganizuara (të egra0 dhe greva trombozoide. Varësisht nga qëllimet që tentojnë ti realizojnë organizatat sindikale përmes grevave, grevat ndahen: në greva të drejtuara kundër punëdhënësit ose të ndërmarra me qëllim të përkrahjes së grevave tjera (grevat e solidaritetit); grevat me qëllim të ushtrimit të presionit në punëdhënësit ose në shtet; varësisht se nga kuksh kërkohet që ti plotësojë kërkesat e tyre; grevat profesionale dhe politike të orentuara për përfitime ose levërdi shoqërore; dhe grevat e orientuara në mbrojtjen e punësimit, përmirësimit të kushteve të punës dhe sigurisë së punëtorëve.
Grevat e ligjshme dhe të kundërligjshme
Me greva të ligjshme nënkuptojmë ato lloj të grevave të cilat organizohen nga punëmarrësit dhe me to nuk shkilen normat institucionale për organizimin e tyre, rrjedhën, mjetet me të cilat shërbehen punëmarrësit gjatë grevës dhe qëllimeve që tentojnë ti arrijnë me grevë. Në të kundërtën, nëse greva organizohet në kundërshtim me rregullat institucionale ajo do të konsiderohet e kundërligjshme. E drejta në grevë, e njohur si e drejtë individuale ose kolektive, mund të realizohet vetëm në formën e përcaktuar dhe me qëllim të realizimit të kërkesave profesionale. Pothuaj se të gjitha shtetet të drejtën në grevë e lidhin me negociata kolektive dhe domosdoshmërinë që qëllimet e grevës të jenë objekt i tyre në mënyrë që kjo çështje të përfshihet në dispozitat e kontratës kolektive të punës. nga sindikata kërkohet që çështjet kontestuese ti zgjedhë nëpërmes negociatave kolektive ose nëpërmes formave tjera të zgjidhjes paqësore. Nëse nuk arrihet sukses brenda këtyre orvatjeve, sindikata mund ti hyjë organizimit të grevës. Element i rëndësishëm që greva të trajtohet si e ligjshme është edhe obligimi i grevistëve që mos të tentojnë që me dhunë ta pengojnë punëdhënësin në organizimin e procesit të prodhimit, dmth, grevistët kanë të drejtë vetëm verbalisht të ndikojnë në grevëthyesit që ti bashkangjiten grevës, e kurrsesi nuk guxojnë ti pengojnë me dhunë për të mos punuar, nëse këtë e dëshirojnë. Nëse cenohet një nga këto kushte ose lemente, greva konsiderohet si e kundërligjshme.
Grevat paralajmëruese dhe ato befasuese
Grevat paralajmëruese kanë për qëllim që punëdhënësve t’iu tërhiqet vërejtja lidhur me seriozitetin e kërkesave të caktuara sindikale në aspektin e lartësisë së pagave, kushteve të punës dhe qëllimet profesionale. Këto lloj të grevave zakonisht janë të shkurtra (një orë më së shumti 1 ditë) dhe për to punëdhënësi informohet më herët. Grevat befasuese zgjasin shkurt, janë shprehje të një lloj pakënaqësie të punëtorëve dhe sindikatave, ndërsa më pak janë mjet i presionit. Për këto greva, punëdhënsi paraprakisht nuk njoftohet.
Grevat qarkore dhe ato trmbozoide
Grevat qarkore ekzistojnë në rastin kur punëtorët e më shumë njësive të ndërmarrjes së njëjtë, ose të ndërmarrjeve të ndryshme të të njëjtit lokalitet e ndërprejnë punën sipas rendit të caktuar, duke e mbajtur grevën, dhe punëtorët gjatë kohës sa zgjatë greva nuk janë të zhveshur plotësisht nga pagat dhe të drejtat tjera. Për grevat trombozoide është karakteristikë së vetëm punëtorët e një njësie të ndërmarrjes e ndërprejnë punën, por në funksionimin e asaj ndërmarrjeje kjo njësi ka një rol të rëndësishëm, kështu që me ndërprerjen e punës në atë njësi pushon se funksionuari e tërë ndërmarrja.
Grevat me okupim të fabrikave dhe grevat e paorganizuara (të egra)
Greva me okupim të fabrikave ekziston në rastin kur punëtorët të cilët e kanë ndërprerë punën mbeten në vendet e tyre të punës duke e penguar në këtë mënyrë punëdhënësin që të bëj riorganizimin e procesit të prodhimit me ndihmën e punëtorëve të cilët nuk marrin pjesë në grevë dhe punëtorëve të ri të angazhuar. Pasi që prona dhe mbrojtja e saj në shtetet me sisteme juridike bashkëkohore, është e rregulluar në mënyrë precize, greva me okupim të fabrikave konsiderohet e kundërligjshme. Grevat e paorganizuara (të egra) shfaqen në rastet kur bëhet ndërprerja kolektive e punës e që nuk organizohet nga ana e sindikatës.
Grevat strukturale dhe ato gjenerale
Me greva mund të përfshihet një ndërmarrje, një pjesë e ndërmarrjes ose më shumë ndërmarrje të një kompanie ose korporatave të ndryshme. Praktika e kohëve të fundit ofron fakte se procesi i koncentrimit të kapitalit dhe krijimit të ndërmarrjeve me monopol dukshëm ka zvogëluar numrin e grevave. Kjo nga fakti se në mes të pronarit të ndërmarrjes më të vogël dhe punëtorëve të organizuar në sindikata, në masë të caktuar mund të vendoset një lloj i baraspeshës e cila ndikon që sindikata me greva ti detyrojnë pronarët e këtyre ndërmarrjeve në koncesione. Nga ana tjetër, nëse vjen deri të greva në korporatat e mëdha, shkalla e rrezikimit të sistemit në përgjithësi është dukshëm më e shprehur duke u bazuar në këtë, tëgjitha shtetet kanë parapa rregulla të posaçme për grevat të cilat rrezikojnë sigurinë nacionale, mirëqenien dhe prosperitetin, qëllimi i të cilave është që në masë sa ma të madhe ta ngushtojnë mundësinë për shpërthimin e llojit të këtillë të grevave, ose ta zvogëlojnë apo evitojnë efektet e tyre të padëshirueshme. Forcat punëtore mund të organizojnë greva gjenerale me pjesëmarrjen e të gjithë punëtorëve, që do të paralizonte në tërësi sistemin e prodhimit.
Grevat politike
Si greva politike konsiderohen të gjitha ato greva që organizohen jo me qëllim të plotësimit të kërkesave nga marrëdhëniet e punës, por organizohen për qëllime tjera. Nganjëherë, edhe kur greva e organizuar ka për objekt kërkesën nga marrëdhëniet e punës, mund të kualifikohen si grevë politike siodoms në ato raste kur këto kërkesa kërkohet ti plotësojë shteti. Si greva politike mund të kualifikohen ato greva, kërkesat e të cilavë nuk kanë të bëjnë me problemet e marrëdhënieve të punës, qoftë nëse kërkohet që këto kërkesa ti përmbush punëdhënësi apo shteti.
Greva e solidaritetit
Ekziston në ato raste, kur një grup i punëtorëve, e lëshon punën duke mos patur kurrfarë kërkesash, por këtë e bën me qëllim që tu ndihmojë punëtorëve tjerë të cilët e kanë inicuar hudhjen në grevë, posaçerisht të punësuarve në të njëjtën ndërmarrje. Ky lloj i grevës nuk është i pranuar në legjislacionin e shumicës së shteteve, posaçerisht nuk është e lejuar greva e solidaritetit për ndihmë punëtorëve jashtë ndërmarrjes së tyre.
Format tjera të presionit sindikal të ngjashme me grevat
Në të drejtën krahassimore dhe në teori shpesh emërtohen si greva dhe aksione kolektive të punëtorëve të orientuara në realizimin e kërkesave të caktuara nga marrëdhënia e punës, edhe pse këto aksione apo forma të aktivitetit nuk përcillen me ndërprerje të [punës. këto forma janë: grevat e sabotazhit të imtë, grevat e kujdesit në punë dhe greva e drejtimit të kundërt, ose punës me vetëdëshirë.
Greva e sabotimit të imtë – në rastet kur të punësuarit e ngadalësojnë procesin e kryerjes së punëve, ose me vetëdije bëjnë punë me defekte e me qëllim të realizimit të kërkesave nga marrëdhënia e punës, konsiderohet se ekziston greva e sabotimit të imtë. Sindikatat e përkrahin këtë formë të presionit, ngase punëtorët nuk zhveshen nga pagat dhe të drejtat tjera sociale. Poashtu punëtorët nuk pushojnë me punë dhe nuk vjen deri të suspendimi i kontratave mbi punën si dhe të drejtave që rrjedhin nga to. Nga ana tjetër sindikata nuk është e obliguar të paguajë kurrfarë kompensimi për punëtorët grevistë, nga fondet e dedikuara për qëllime të tilla. Mirëpo, kjo formë e presionit nuk është e pranuar pothuajse në asnjë vend.
Greva e kujdesit të tëpruar në punë – teoria juridike dhe praktika, përfaqësojnë mendimin sipas të cilit kur kemi të bëjmë me kujdesin e tëpruar në punë nuk mund të flasim për grevë, por për punën vullnetare që e bëjnë të punësuarit në kundërshtim me dispozitat e kontratës. Si grevë e kujdesit të tëpruar konsiderohet puna të cilën e bëjnë të punësuarit duke e respektuar çdo imtësi në mënyrë ekstreme, duke kufizuar në këtë mënyrë efektin real të punës së tyre. Ky lloj i punës konsiderohet si shkelje e obligimit të vetëdijës dhe ndërshmërisë, e cila duhet rreptësisht të respektohet sipas dispozitave kontraktuese. Duke u bazuar në këtë, punëdhënësi është i autorizuar që të ndërmerr masa të caktuara ndaj punëtorëve të cilët marrin pjesë në këtë lloj të grevës. Poashtu, ai ka autorizime që të bëj largimin e tyre.
Greva e punës vullnetare (me vetëdëshirë) – kjo formë e presionit të punëtorëve ekziston në ato raste kur ata vazhdojnë të punojnë dhe përkundër rezistencës së punëdhënësit, i cili ka marrë vendim që përkohësisht ta mbyllë ndërmarrjen ose ta ndërprejë punën. As në teori e as në praktiëk kjo formë e punës nuk konsiderohet grevë, e as si mënyrë e realizimit të të drejtës në grevë. Në këtë rast jo vetëm që nuk ka abstenim nga puna, por puna kryhet në mënyrë efektive, por jashtë kornizave të kontratës mbi punën. Mirëpo, kjo punë nuk është legale, sepse i mungon elementi konstituiv i kontratës mbi punën, udhëheqja nga ana e punëdhënësit, dhe në anën tjetër ata bëjnë shkeljen e të drejtës së pronësisë mbi mjetet e prodhimit të punëdhënësit i cili ka në dispozicion masa të caktuara për mbrojtjen ejuridike.
Greva si bazë e përgjegjësisë juridike – përveçefekteve juridike të cilat i prodhon greva si mjet i presionit sindikal, jo rrallë në bazë të grevës ose me rastin e grevës, pjesëmarrësit apo organizatorët e grevës mund të jenë përgjegjës për dëmin të cilin ua shkaktojnë personave të tretë, që nënkupton që ata i nënshtrohen përgjegjësisë civilo-juridike, por edhe përgjegjësisë penale dhe asaj për kundërvajtje nëse gjatë kohës së grevës kanë kryer veprime inkriminuese. Me vetë faktin se punëdhënësi gjatë kohës së grevës nuk ka mund ti kryej obligimet ndaj afaristëve të tij, këtu është një lloj përgjegjësie.
Përgjegjësia e grevistëve, nxitësve të grevës dhe sindikatës – baza themelore për shfaqjen e kësaj përgjegjësie konsiston në paligjshmërinë e grevës, ose kryerjen e veprimeve të paligjshme gjatë grevës legale. Greva e ligjshme nuk trajtohet as si gabim kontraktues e as si delikt, andaj nuk mund të jetë bazë për kurrfarë përgjegjësie të pjesëmarrësve apo organizatorëve. Në të kundërtën nëse greva paraqet akt të kundërligjshëm në bazë të dispozitave pozitive ose është në kundërshtim me dispozitat e kontratës kolektive mbi punën, pjesëmarrësit në grevë apo sindikata mund ti nënshtrohen përgjegjësisë për dëmin që e kanë shkaktuar. Sipas rregullit asnjëherë nuk kërkohet nga grevistet kompensimi i tërësishëm i dëmit të shkaktuar, por këtë kompensim kërkohet që ta bëj sindikata. Nëse personat që bëjnë thirrje në grevë legale për të realizuar kërkesat e punëtorëve, atëherë ata nuk merren në përgjegjësi, mirëpo, në të kundërtën ata do të japin përgjegjësi.
Përgjegjësia e punëdhënësve – sipas të drejtës së shumicës së vendeve, punëdhënësi si borxhli mund të lirohet nga përgjegjësia për dëmin e shkaktuar, nëse dëmi është si pasojë e grevës në ndërmarrjen e tij por që është rezultat i fuqisë madhore. Grevë e fuqisë madhore konsiderohet atëherë kur e përjashton përgjegjësinë e punëdhënësit për dëmin e shkaktuar, ngase paraqet pengesë absolute dhe të paparashikueshme që punëdhënësi ti përmbushë obligimet ndaj personave të tretë pa fajin e tij. Sipas praktikës së sotme gjyqësore greva nuk mund të konsiderohet si rezultat i fuqisë madhore, nëse punëdhënësi ka kundërshtuar apo nuk i ka pranuar kërkesat e arsyeshme të punëtorëve. Nëse greva është rezultat i këtyre shkaqeve, konsiderohet se të njëjtës i ka kontribuar vetë punëdhënësi. Realisht, me shpërthimin e grevës lind një formë përgjëgjësie civile për punëdhënësin. Në pajtim me dispozitat juridiko-civile, punëdhënësi përgjigjet për dëmin që punëtorët e tij grevistë ua shkaktojnë personave të tretë, përderisa sa personat e tretë janë të obliguar që kompensimin e dëmit ta kërkojnë drejtpërdrejti nga ata të cilët e kanë shkaktuar e jo nga punëdhënësi.
Përgjegjësia penale dhe greva – në numrin më të madh të shteteve greva më nuk konsiderohet si vepër penale, andaj edhe nuk mund ta tërheq me vete përgjegjësinë penale. Megjithatë, dispozitat e këtyre vendeve e bëjnë inkriminimin e disa veprimeve të cilat mund të kryhen gjatë edhe me rastin e grevës. Këto veprime konsiderohen si vepra penale dhe për to mund të përgjigjen penalisht akterët e tyre. Para së gjithash, grevistët janë përgjegjës, si edhe të gjithë qytetarët, për vepra të përgjithshme penale. Veprat penale kundër pushtetit publik (rebelimi, fyerja), kundër personave të tjerë (lëndimi, kërcenimi me vdekje, mashtrimi) ose kundër të mirave materiale (shkatërrimi i pronës), mund të kryhen edhe gjatë grevës. Përveç formës së përgjithshmë të përgjegjësisë penale, me rregullat juridike të shteteve të caktuara parashihen edhe vepra të veçanta penale, objekti i mbrojtës i së cilës është: liria e punës dhe liria e ushtrimit të veprimtarisë industriale. Si vepër e këtij lloji konsiderohet pengimi i lirisë së punës.
Mjetet e kundërpresionit sindikal – Lock Out (mbyllja e ndërmarrjes)
Greva është një nga mjetet më të rëndësishme të presionit sindikal, përmes të cilës sindikatat tentojnë që ti arrijnë apo përmirësojnë kërkesat dhe synimet e tyre. Mirëpo, me rastin e grevës as punëdhënësi nuk është i zhveshur nga të drejtat apo mjetet juridike për mbrojtjen e interesave të tij. Para se gjithash, punëdhënësi ka të drejtë që ti pushojë nga puna punëtorët, të cilët kanë bërë shkelje të rënda të detyrave të punës gjatë grevës ose kanë qenë pjesëmarrës në një grevë të kundërligjshme. Ai mund ta zhvesh punëtorin nnga paga, mund të punësojë punëtorë të ri, të padisë sindikatën për kompensimin e dëmit të shkaktuar, nën kushte të caktuara mund ta ndalojë grevën dhe të kërkojë përgjegjësi penale për grevistët dhe në fund punëdhënsi mund të përcaktohet për mjetin e kundërpresionit apo Lock – Out (mbylljen e ndërmarrjes).
Kontrata kolektive e punës dhe Lock – Out-i
Të drejtat e shumicës së vendeve perëndimore, si dhe e drejta ndërk e punës, e njohin grevën dhe Lock – Out-in si mjet të presionit në sferën e marrëdhënieve kolektive të punës dhe në sferën e negociatave kolektive. Përveç kësaj, këto të drejta ose e përcaktojnë obligimin e qetësisë industriale derisa është në fuqi kontrata kolektive e punës, ose i obligojnë palët që për mbajtjen e qetësisë apo paqes industriale të negociojnë dhe në dispozitën që i referohet këtij obligimi ta inkorporojnë në kontratë. Njëkohësisht këto shtete i caktojnë edhe mjetet juridike për realizimin e respektimit të obligimit të çështjes ose paqës industriale. Përjashtim në këtë drejtim bën Anglia ku kontrata kolektive e punës, nëse nuk e përmabn dispozitën konkrete për të kundërtën, përfaqëson vetëm marrëveshje xhentellmene. Nëse kontesti në mes të palëve shpërthen për shkak të çështjeve që nuk janë objekt i kontratës kolektive të punës,ose me kontratë kolektive të punës përcaktohet që për çështjet e tilla të zhvillohen negociata pas skadimit të afatit kohor të caktuar nga hyrja në fuqi të kontratës kolektive të punës, palët në këtë rast janë të lira që pas negociatave këshilluese ti qasen zgjedhjes së lirë të mjeteve të presionit me qëllim që ta detyrojnë palën tjetër që ti pranojë kërkesat e tyre. Në këtë kontest punëdhënsi mund të përcaktohet për Lock-Out. Mirëpo, duke pasur parasysh pozitën shumë të volitshme të punëdhënësit në raport me sindikatat, punëdhënësi shumë rrallë përcaktohet për Lock-Out. Lock – Out e përdorin më shpeshë ndërmarrjet e vogla private.
Nocioni i Lock – Out
Në përcaktimin e nocionit të Lock – Out-it ekzistojnë disa elemente të cilat janë të pranuara ose janë të shprehura në të gjitha përkufizimet të cilat janë pranuar në vende të caktuara. Si element i përbashkët i përkufizimit të Lock – Out-it është ai që ka të bëj me mbylljen e ndërmarrjes nga ana e punëdhënësit në rastin e konflikteve më punëtorët. Gjatë mbylljes punëdhënsi nuk i lë mjetet e punës në dispozicion e as nuk i paguan punëtorët. Si element specifik në përkufizimin e Lock – out-it mirret dëshira e punëdhënsit që përsëri ti punësojë punëtorët e goditur me Pock – Out, apo përsëri ta vazhdoj procesin e punës me punëtorët e njëjtë. Lock –Out është masë kolektive që i godet më shumë punëtorët. Lock-Out mund të përkufizohet si mbyllje e përkohshme e ndërmarrjes ose ndalimi nga ana e punëdhënësit, të një numri më të madh të punëtorëve që tu qasen vendve te tyre të punës në ndërmarrje me qëllim të ushtrimit të presionit ndaj punëtorëve dhe sindikatës që të heqin dorë nga kërkesat e tyre ose ti pranojnë kërkesat e punëdhënësit. Locck – Out-in e karakterizojnë: ndalimi i punëtorëve që të punojnë një periudhë të caktuar kohore në ndërmarrje; këtë ndalesë për punëtorët e ushtron punëdhënësi gjatë konfliktit me sindikaten; gjatë kohëzgjatjes së kësaj ndalese punëtorët nuk paguhen; qëllimi ikësaj ndalese është presioni në punëtor (sindikatë) që ti pranojnë kërkesat e punëdhënësit për kushtet e punës dhe drejtat e tyre nga marrëdhënia e punës.
Llojet e Lock – Out-it
Lock – Out-i mund të jetë: i karakterit preventiv ose ofanziv; mbrojtës ose defanziv; kompenzues ose retorziv; dhe i solidaritetit. Dallohet edhe Lock – Out-i legal dhe jo legal.
Efektet e Lock – Out-it
Efektet juridike të Lock – Out-it varen nga natyra e tij në shtetet e caktuara. Lock – Out-i pothuajse në asnjë situatë nuk është i rregulluar me norma apo dispozita të përgjithshme juridike. Rregullat që i dedikohen Lock – Out-it janë kryesisht me prejardhje gjyqësore, ndërsa praktika e gjykatave këto i ka nxjerrë nga dispozitat që i referohen lirisë së bashkimit dhe të drejtës për zgjedhjen e mjeteve me qëllim të realizimit të interesave të caktuar. Në këtë kontekst praktika e gjykatave, rregullat për Lock – Out i ka bazuar në dy parime kryesore: parimin e barazisë së mjeteve në të drejtën e punës dhe parimin e përdorimit të atyre mjeteve në konfliktet industriale. Mund të thuhet se Lock – Out-i, si edhe greva, ka efekte të njëjta në kontratat individuale të punës, në pushim, në shtesa të fëmijëve, në kompensim të dëmit për shkak të fatkeqësive në punë ose sëmundjeve profesionale, në kompensim për rastet e papunësisë dhe në të drejta tjera sociale. Megjithatë, efekti i Lock – Out-it dhe i grevës nuk është gjithmonë identik. Derisa greva legale, pas evolucionit të caktuar, sipas rregullit ka efekt suspenziv në marrëdhëniet e punës së grevistëve, efekti i Lock – Out-it në të shumtën e rasteve ka tjetër karakter. Aq më tëpër karakteri i ndërprerjes së marrëdhënies së punës për punëtorët më rastin e Lock – Out-it kuptohet si masë e domosdoshme për minimin e aktivitetit sindikal.
Lock – Out-i si bazë e përgjegjësisë së punëdhënësit
Të gjitha analizat tregojnë se Lock – Outi si mjet i kundërpresionit ndaj aksionit sindikal i ndërmarrë nga ana e punëdhënësve, nuk është i lejuar në mënyrë të përgjithshme dhe nën të gjitha kushtet. Para se gjithash me Lock – Out nuk guxon të kufizohet liria sindikale apo të ushtrohet presion i palejuar në sindikata dhe anëtarët e saj, në mënyrë që ti deturojnë për të hequr dorë nga të drejtat e tyre. Në pajtim me këtë, Lock – Outi mund të përdorët vetëm nën kushtet e përcaktuara me të drejtën e secilit shtet, ndërsa punëtorët kanë të drejtë që të kërkojnë mbrojtjen gjyqësore të të drejtave të kontraktuara. Sanksioneve që mund t’iu nënshtrohet punëdhënsi në rastet kur gjykata konsideron se Lock – Outi është i kundërligjshëm, qëndrojnë në konstatimin se marrëdhënia e punës për punëtorët ndaj të cilëve është aplikuar Lock – Outi nuk është ndërprerë, ndërsa punëdhënësi obligohet që tu jap kompensim punëtorëve për orët e humbura të punës. përveç Lock – Outit, punëdhënësi shërbehet edhe me mjet tjetër të kundërpresionit, me atë të grevëthyesit.
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