Authors: Tareq Al-Tawil; Muath M. Eleswed; Walaaeldeen Ibraheem
Addresses: College of Business, Zayed University, P.O. Box 144534, Abu Dhabi, UAE ' College of Business and Economics, American University of Kuwait, P.O. Box 3323, Safat 13034, Kuwait ' College of Humanities and Social Sciences, Legal Department, Zayed University, Abu Dhabi Campus, P.O. Box 144534, UAE
Abstract: This paper aims to assess and analyse the legal regime, the importance, and the legal and regulatory effect that trade unions, and subsequently collective bargaining, have in a legal system and in the hierarchy of norms therein, both at the national and international level. After a systemic principal overview, the construction of the paper departs from the fact that under the foundational principles of international law, employees' rights protection is guaranteed by both custom and codified norms. However, the form of enforcement of this social guarantee is highly dependent on the consensual nature of the international arena and on the states' compliance with the internationally accepted standards and their immersion into the national systems of law. Moreover, the paper analyses, in an interdisciplinary manner, both the legal regimes of collective bargaining and trade unions and comparative cases, with particular stress on the UAE and the situation at the regulatory and enforcement levels therein. Finally, the findings of the paper militate towards a more prolific enforcement regime and the development of adjacent resources, regulatory or policy related, for a higher protection of employees' rights thereto.
Keywords: collective bargaining; trade unions; employee's rights protection.
International Journal of Environment, Workplace and Employment, 2019 Vol.5 No.4, pp.336 - 349
Accepted: 07 Dec 2019
Published online: 06 May 2020 *