REVUE EUROPÉENNE DU DROIT SOCIAL

7-13

Authors: Dan Top

The European Commission has initiated the first steps towards a common framework for setting minimum wages in EU Member States, but will not determine the level of wages, but nevertheless wants to impose an agreement on a set of criteria that must be met when governments set minimum wages. Any legislative proposal will take into account that the minimum wages must be established according to the national specifications, by collective labour contracts or legal provisions.

31-43

Authors: Álvaro Alcides Avendaño MEDINA ; Luis Rafael Jalkh HERNÁNDEZ

The work has social functions that involve emotional, cognitive, behavioral and affective aspects of the person, which affect the development and maintenance of interpersonal relationships, are replicated in the fidelity of the employee who stays in the company, does not go to the competition and develop a sense of belonging, enhancing economic income. The market influences the organizations to change the worker-company relationships, emerging as a source of solution the functioning of Psychological Contracts. For the company, its main capital is the human team, which transforms the means of production into goods and services with economic content. Its evolution implies meeting business expectations and reciprocal exchange obligations. The psychological contract helps the psychological well-being of the worker, gives identity and order. Their results are evidenced in the behavior of organizational citizenship, they exchange effort and loyalty for economic rewards, security, respectful treatment, and rewarding interpersonal relationships to achieve their individual expectations. It is an unwritten contract between the employee and the employer, there are four types, the first a transactional contract, the balanced contract, the transitory contract and the relational contract.

59-66

Authors: Loredana Adelina PADURE; Adrian TUTUIANU**

The procedure of the ad-hoc mandate is triggered, like the procedure of the preventive agreement, at the request of the debtor, by formulating a request addressed to the president of the court. The ad-hoc mandate is a confidential procedure, to prevent insolvency, to amicably resolve the financial difficulties of the debtor, before the debtor reaches the end of payments.

81-92

Authors: Theophilus Tebetso TSHUKUDU

This article endeavours to come up with strategies that can be used to build the broken trust between the Botswana government and Botswana Federation of Public Sector Unions (BOFEPUSO), being the unions’ representatives in the bargaining council. In Botswana, the 2008 Public service Act called for the setting of a collective bargaining council for the public sector known as the Public Sector Bargaining Council with the composition of government of Botswana representatives and labour represented by Botswana Federation of Public Sector Unions (BOFEPUSO). Since its inception the BPSBC has been ridden by problems, with labour and other commentators observing that government is dragging its feet to start the bargaining council with a view to frustrate unions. The other major problem was non-adherence to Collective Agreement by President Khama whereby He addressed collective bargaining issues such as salary increment during his Kgotla(traditional gatherings) meetings. The current administration under President Khama has been militant and heavy handed on labour since 2008 and it did not come as a surprise when the President and his administration foiled Botswana Public Sector Bargaining Council (BPSBC) efforts to resume, resulting in loss of trust by union on government. There is a need, therefore, evaluate the relationship between government and BOFEPUSO as trade unions representative in the bargaining council and most importantly to come up with strategies that can help both parties re-establish trust in the relationship and that the collective bargaining processes are enhanced and industrial action, with its often negative consequences, is averted.