This paper focuses on a comparative legal overview of the minimum wage in Austria, France, Germany, Italy, Poland, Portugal, Romania and Spain. The author uses this context to discuss the significance of constitutions, statutes and collective bargaining agreements. Attention is drawn to the amount of detail in relevant constitutional provisions, the reasons for the discrepancies, as well as to the correlation between the way in which the minimum wage is regulated in the constitution and the way it is regulated by way of statute or collective bargaining agreement. The influence of international and European legal acts on the norms adopted in particular states is also assessed. Next, the structure of various national minimum wage fixing mechanisms is analysed in an attempt to indicate regularities in their formation. The paper refers to the draft Directive on adequate minimum wages in the European Union and provides an assessment of its potential impact on domestic legal systems. Further, the article evaluates national minimum wage fixing mechanisms from the perspective of their compatibility with the requirements introduced by the draft Directive.
The article is devoted to the analysis of the legal nature of the minimum wage in the light of international, European and Polish regulations. Author refers to the legal acts of the United Nations, the International Labour Organization and the Council of Europe, as well as to EU law, including the directive No. 2022/2041 on adequate minimum wages in the European Union. She also refers to the Constitution of the Republic of Poland and statutory provisions. Against this background, she characterizes the essence of the minimum wage and determines its relation to fair wage and decent wage. She considers the features of the minimum wage, with particular attention to mutuality and equivalence of work and minimum wage.
6 Kohl (n 2) 1. 7 Janas Aczel, 'Changes in the role of the trade union in the Hungarian printing industry. A transition from socialism to a market economy' (2005) 27/6 Employee Relations 566-580. 8 Kohl (n 2) 1. 37 However, in six EU Member States there is no legal procedure for extending agreements-Cyprus, Denmark, Italy, Malta, Sweden and the UK. 38 Kohl (n 2) 10. 39 Kerckhofs (n 36) 13. 40 ibid 4.
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