Rúzs Molnár Krisztina: A munkaügyi viták alternatív megoldásával foglalkozó intézmények eredményessége : összehasonlító elemzés az amerikai, a brit, illetve a magyar társszervezetek példája alapján. In: Acta Universitatis Szegediensis : acta juridica et politica, (70) 15. pp. 1-43. (2007)
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Abstract
In 1996 the Labour Mediation and Arbitration Service (LMAS) was established in Hungary with the goal to improve relationships between labour and management and to offer mediation and arbitration services to resolve labour disputes. Although the LMAS had faced many changes . in the past 10 years low figures show that the Service does not fulfil its function it was expected. It has only a little effect on industrial relations both at branch- and workplace 'level. Annually there are only a few cases in which the Service was asked to mediate or arbitrate. Many times the operation of LMAS is compared to the Advisory Conciliation and Arbitration Service (ACAS) and the Federal Mediation and Conciliation Service (FMCS), which have similar role in the British and American world of work. However, according to the statistics both ACAS and FMCS plays an important role in the industrial relations of the respective countries. The 'ineffectiveness of LMAS can be attributed to several factors partly connected to the operation of the Service, the 'lack of trust from the social partners, the deficient knowledge of alternative means of dispute resolution in general. The study focuses on an additional potential factor, namely the different competence of the institutions. The gradual formation of the competences is closely related to the history of. dispute resolution in the field of labour and the connections among the social partners and the state. The study got to the conclusion that the historical circumstances led to a necessity, which generated the establishment of a specific institution for resolving labour . disputes in the United Kingdom and in the United States. These circumstances basically served as prerequisites to the present competences: of ACAS and FMCS and their successful, effective accomplishment. In the lack of these prerequisites the operation of the Hungarian LMAS is verifiable and it is self-evident that the Hungarian Service cannot provide better figures in the number ofmediation and arbitration . cases. Although there are break-out points, for example an extensive advisory role for employees and employers in individual labour issues or relationship building with the labour courts. With these activities LMAS may play more active role in the industrial relations in Hungary, which can help further to fulfil its elementary economic and social` functions.
| Item Type: | Article |
|---|---|
| Journal or Publication Title: | Acta Universitatis Szegediensis : acta juridica et politica |
| Date: | 2007 |
| Volume: | 70 |
| Number: | 15 |
| ISSN: | 0324-6523 |
| Page Range: | pp. 1-43 |
| Language: | Hungarian, English |
| Publisher: | Szegedi Tudományegyetem Állam- és Jogtudományi Karának tudományos bizottsága |
| Place of Publication: | Szeged |
| Related URLs: | http://acta.bibl.u-szeged.hu/72645/ |
| Uncontrolled Keywords: | Munkajog |
| Additional Information: | Bibliogr.: 42. p. ; összefoglalás angol nyelven |
| Subjects: | 05. Social sciences 05. Social sciences > 05.05. Law |
| Date Deposited: | 2016. Oct. 15. 11:12 |
| Last Modified: | 2023. Dec. 01. 11:47 |
| URI: | http://acta.bibl.u-szeged.hu/id/eprint/7377 |
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