This document outlines the key provisions of a Model Harmonisation Act regarding the registration, status, and recognition of trade unions and employers' organizations. Some of the main points covered in the Act include:
- Establishing the basic rights of employees and employers to freedom of association and collective bargaining.
- Setting up procedures for the registration and legal status of trade unions and employers' organizations.
- Promoting the recognition of trade unions through processes like certification and collective bargaining.
- Regulating collective agreements between trade unions and employers or employers' organizations.
The Act aims to harmonize national laws with international labor standards on issues like the right to organize, collective bargaining, and freedom of association. It provides
The document summarizes key aspects of Pakistan's Industrial Relations Act of 2008. It defines important terms related to industrial relations such as employer, worker, trade union, collective bargaining, and industrial dispute. It outlines which occupations are excluded from the scope of the act. It also describes requirements for the registration of trade unions, including their application process and necessary components of a trade union constitution. The rights of workers and employers to form and join trade unions and federations are also established.
Evolution of industrial relations legislation in indo pakIrfan Ali (CHRP)
The document discusses the history of labor laws and industrial relations in Pakistan from 1919 onwards. It mentions several key events and organizations that have shaped Pakistan's approach to labor issues, including the appointment of the International Labor Organization commission in 1919, Indian Royal Commission of Labor in 1929-1931, and Pakistan's first Tripartite Labor Conference in 1949. The document also summarizes key labor conventions adopted by Pakistan, outlines the process of collective bargaining and dispute resolution, and examines various elements of industrial relations including the roles and powers of management, unions, and certified bargaining agents.
This document summarizes key parts of the Labor Code of the Philippines related to pre-employment. It establishes the following objectives: promoting full employment; protecting citizens' rights to work locally or overseas; facilitating employment choices; and regulating alien employment.
It creates several government agencies to implement these objectives, including the Bureau of Employment Services, which regulates private recruitment and helps place workers. It also establishes the Overseas Employment Development Board to promote overseas employment opportunities for Filipino workers and protect their rights abroad. Private recruitment is prohibited except through authorized public offices or entities. The document also discusses protections for overseas Filipino workers.
The document summarizes key aspects of the Labor Code of the Philippines. It establishes the National Labor Relations Commission to oversee labor relations and disputes. The Commission has a Chairman and 14 members, with 5 each nominated by worker and employer organizations. It can sit as a whole or in 5 divisions to handle cases from different regions. The Commission aims to promote collective bargaining, free trade unions, just industrial peace, and worker participation in decisions affecting their rights and interests.
The document outlines the Labor Code of the Philippines, specifically Book One on Pre-Employment. It establishes the following key objectives: to promote full employment, protect citizens seeking work locally or overseas, facilitate employment choices, and regulate foreign worker employment. It also creates several government agencies responsible for recruitment and placement of workers, both domestic and overseas, including private employment regulation.
This document is Mongolia's Labour Code from 1999. It establishes the rights and responsibilities of employers and employees based on employment agreements. Some key points:
- It defines terms like "employer", "employee", "employment agreement", and "collective agreement".
- It prohibits discrimination in employment and establishes the rights of employees, like safe working conditions and wages. It also establishes the obligations of employees.
- It covers collective bargaining and agreements, including how they are negotiated and registered. Collective agreements can establish terms beyond what is required by law.
- It governs relations between Mongolian citizens/entities and foreign parties regarding employment within Mongolia.
- The rights established in the
This document is Vietnam's Labor Code, which outlines the country's labor laws and standards. Some key points:
- It defines terms like employees, employers, labor contracts and disputes. Employees have rights like fair pay and safe working conditions, while employers have rights like managing labor needs.
- Labor relations should be built on voluntary and cooperative principles, with mutual respect for lawful rights. Discrimination is prohibited.
- The types of labor contracts are defined, including fixed-term, casual and unlimited contracts. Contracts must specify details like work, pay and benefits.
- The code establishes policies to support employment creation, training, gender equality and protecting vulnerable groups in the workplace. Both employees and employers have
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
The document summarizes key aspects of Pakistan's Industrial Relations Act of 2008. It defines important terms related to industrial relations such as employer, worker, trade union, collective bargaining, and industrial dispute. It outlines which occupations are excluded from the scope of the act. It also describes requirements for the registration of trade unions, including their application process and necessary components of a trade union constitution. The rights of workers and employers to form and join trade unions and federations are also established.
Evolution of industrial relations legislation in indo pakIrfan Ali (CHRP)
The document discusses the history of labor laws and industrial relations in Pakistan from 1919 onwards. It mentions several key events and organizations that have shaped Pakistan's approach to labor issues, including the appointment of the International Labor Organization commission in 1919, Indian Royal Commission of Labor in 1929-1931, and Pakistan's first Tripartite Labor Conference in 1949. The document also summarizes key labor conventions adopted by Pakistan, outlines the process of collective bargaining and dispute resolution, and examines various elements of industrial relations including the roles and powers of management, unions, and certified bargaining agents.
This document summarizes key parts of the Labor Code of the Philippines related to pre-employment. It establishes the following objectives: promoting full employment; protecting citizens' rights to work locally or overseas; facilitating employment choices; and regulating alien employment.
It creates several government agencies to implement these objectives, including the Bureau of Employment Services, which regulates private recruitment and helps place workers. It also establishes the Overseas Employment Development Board to promote overseas employment opportunities for Filipino workers and protect their rights abroad. Private recruitment is prohibited except through authorized public offices or entities. The document also discusses protections for overseas Filipino workers.
The document summarizes key aspects of the Labor Code of the Philippines. It establishes the National Labor Relations Commission to oversee labor relations and disputes. The Commission has a Chairman and 14 members, with 5 each nominated by worker and employer organizations. It can sit as a whole or in 5 divisions to handle cases from different regions. The Commission aims to promote collective bargaining, free trade unions, just industrial peace, and worker participation in decisions affecting their rights and interests.
The document outlines the Labor Code of the Philippines, specifically Book One on Pre-Employment. It establishes the following key objectives: to promote full employment, protect citizens seeking work locally or overseas, facilitate employment choices, and regulate foreign worker employment. It also creates several government agencies responsible for recruitment and placement of workers, both domestic and overseas, including private employment regulation.
This document is Mongolia's Labour Code from 1999. It establishes the rights and responsibilities of employers and employees based on employment agreements. Some key points:
- It defines terms like "employer", "employee", "employment agreement", and "collective agreement".
- It prohibits discrimination in employment and establishes the rights of employees, like safe working conditions and wages. It also establishes the obligations of employees.
- It covers collective bargaining and agreements, including how they are negotiated and registered. Collective agreements can establish terms beyond what is required by law.
- It governs relations between Mongolian citizens/entities and foreign parties regarding employment within Mongolia.
- The rights established in the
This document is Vietnam's Labor Code, which outlines the country's labor laws and standards. Some key points:
- It defines terms like employees, employers, labor contracts and disputes. Employees have rights like fair pay and safe working conditions, while employers have rights like managing labor needs.
- Labor relations should be built on voluntary and cooperative principles, with mutual respect for lawful rights. Discrimination is prohibited.
- The types of labor contracts are defined, including fixed-term, casual and unlimited contracts. Contracts must specify details like work, pay and benefits.
- The code establishes policies to support employment creation, training, gender equality and protecting vulnerable groups in the workplace. Both employees and employers have
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
Book 2 human resources development programRoi Xcel
The document outlines the Philippines' National Manpower Development Program which aims to efficiently develop and utilize the country's human resources. Key points:
1) It establishes a National Manpower and Youth Council to formulate long-term manpower plans and policies.
2) The Council will establish training centers and set skills standards to promote workforce development.
3) It provides guidelines for administering training programs, establishing industry boards, and incentivizing workforce training.
The document discusses collective negotiation agreements (CNAs) between public sector unions and management in the Philippines. Some key points:
- CNAs are negotiated agreements on terms of employment not fixed by law, like benefits and working conditions. They are registered with the Civil Service Commission.
- The negotiation process involves both parties submitting proposals, meeting to discuss issues, and finalizing the CNA for ratification by union members.
- CNAs typically cover issues like leaves, transfers, allowances, grievance procedures, and ensure union rights. Items requiring funds are excluded.
- Registering the CNA bars challenges to the union's majority representation during its term, usually 3 years. Incent
This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.
The document discusses the role of the Personnel Relations Office (PRO) in promoting responsive management and responsible public sector unionism in the Philippines. The PRO handles matters related to public sector unionism in national and local government agencies. It is composed of three divisions that deal with registering and accrediting employees' organizations, conciliation services, and concerns relating to the Public Sector Labor Management Council. The PRO aims to create a harmonious working relationship between management and employees' organizations through these services.
Labor Code: Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization. These illegal practices are considered inimical to the legitimate interests of both labor and management. These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect. These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
LABOUR LAW AND HUMAN RESOURCES...Unfair labour practices and fundamental righ...cloudious nyikadzino
This document outlines the fundamental rights of employees and unfair labour practices by employers. It discusses employees' rights to join trade unions, protection against discrimination and forced labour, fair labour standards, and democracy in the workplace. The document also covers employers' obligations regarding wages, working hours, and prohibitions against obstructing employees' rights or discriminating based on attributes like gender, disability status, and pregnancy. Overall, the key rights established are freedom of association through trade unions and workers committees as well as protections against exploitation.
This document summarizes the key points of Mongolia's Law on Labour as follows:
The law establishes rights and responsibilities for employers and employees, including providing fair working conditions, compensation, and protecting against discrimination. It regulates collective bargaining agreements between employers and employee representatives. Such agreements can establish terms that are more favorable to employees than the minimum required by law. The law also covers dispute resolution procedures and prohibits third party interference in collective bargaining negotiations.
The document outlines unfair labor practices that can be committed by employers, trade unions, or workers according to the Industrial Disputes Act of 1947. It lists 15 unfair labor practices by employers and trade unions of employers, such as restraining workers from joining unions or favoring some unions over others. It also lists 6 unfair labor practices by workers and their trade unions, such as supporting illegal strikes or damaging employer property. The goal of the provisions is to promote harmonious relations between workers and employers.
This document discusses key aspects of human resources management and labor laws. It outlines six main functions of HR: social compliance, training and development, health and safety, personnel management, industrial relations, and compensation and benefits. It then provides details on labor laws governing issues like working conditions, wages, trade unions, and dispute resolution. The document aims to help managers understand their legal responsibilities to employees.
The document discusses the process for registering labor unions in the Philippines according to the Labor Code of the Philippines. It provides that the Department of Labor and Employment (DOLE) is mandated to process applications for union registration for them to have legal status and rights. There are requirements for applications including a completed form, constitution/bylaws, and lists of members. Registration is valid indefinitely and costs 70 PHP. The process takes one working day if all documents are complete. Eligible employees can apply at their local DOLE field office.
constellation energy Policy and Procedures With Respect to Related Person Tra...finance12
The document outlines Constellation Energy Group's policy and procedures for reviewing and approving related person transactions. It defines related persons and related person transactions. It establishes procedures for identifying related persons, disseminating a master list of related persons, approving transactions, ratifying past transactions, reviewing ongoing transactions, reporting to committees, and disclosing transactions as required. The policy aims to identify potential conflicts and ensure related person transactions are fair to the company.
The Trade Union Act of 1926 provides the legal framework for the registration and regulation of trade unions in India. Some key points:
- A trade union is a voluntary organization of workers formed to protect their interests through collective action like securing fair wages and improving working conditions.
- The Act allows 7 or more workers to apply for registration of their trade union by submitting its rules and details to the Registrar.
- Registered trade unions receive legal protections like the ability to own property, enter contracts, and sue/be sued in their own name. They must follow requirements regarding their rules and finances.
- The Registrar can cancel a union's registration if it violates the Act. Appeals can be
1. The document is a Vietnamese law that establishes the rights and duties of trade unions in Vietnam. It defines trade unions as organizations that represent workers and protect their rights and interests.
2. The law outlines the rights of trade unions, which include representing workers, protecting their legal rights, participating in state management, and educating workers. It also defines the duties of trade unions members and the duties of state agencies and employers to support trade union activities.
3. The law is intended to ensure trade unions can properly function in representing workers and coordinating with state agencies and employers on labor issues in Vietnam.
The document summarizes key aspects of several Indian labor laws:
1) The Minimum Wages Act establishes minimum wage rates to prevent exploitation and applies to permanent, contract, and casual workers.
2) The Payment of Wages Act regulates wage payment, deductions, and timing to ensure timely and full payment.
3) The Equal Remuneration Act provides for equal pay for equal work between men and women to prevent gender-based discrimination.
4) The Employee State Insurance Act and Employees' Provident Fund Act establish social security schemes administered by autonomous bodies that provide medical, pension and other benefits funded by mandatory employer and employee contributions.
The Competition Act of 2002 established the Competition Commission of India to prevent anti-competitive practices. The Act prohibits anti-competitive agreements between enterprises, abuse of dominant position by enterprises, and regulates combinations (mergers and acquisitions) that are likely to cause an adverse effect on competition in India. It aims to promote fair competition in the market for the benefit of consumers. The key features of the Act include defining anti-competitive agreements and abuse of dominant position, regulating combinations, and establishing penalties for non-compliance.
This document discusses various labour laws in India including the Factories Act, Employee State Insurance Act, Employee's Provident Fund and Miscellaneous Provisions Act, Maternity Benefit Act, Payment of Gratuity Act, and the Weekly Holidays Act. It also discusses trade unions, collective bargaining, and prerequisites for successful collective bargaining such as organization, freedom of association, mutual recognition between employers and employees, a favourable political climate, agreement observance, compromise, and avoidance of unfair labour practices. An example of a strike is provided in the Maruti Suzuki case study.
The document summarizes key aspects of the Trade Union Act of 1926 in India, including its objectives to register trade unions and establish their legal status. It outlines various principles and functions of trade unions, including their basic, economic, welfare, legal, and political roles. It also describes the classification of trade unions based on purpose, membership, trade, and registration requirements. Finally, it discusses the rights and liabilities of registered trade unions, such as how their funds can be used and how separate political funds can be constituted.
The document discusses key principles of labor law in the Philippines according to the Constitution and Labor Code. It covers constitutional protections for labor rights, definitions of labor relations vs labor standards, elements of illegal recruitment, and prohibited recruitment activities. Illegal recruitment can be committed by non-licensees or licensees, and constitutes economic sabotage if done by a syndicate or on a large scale against three or more persons. Labor contracts must respect public interest over private agreements.
The document discusses trade unions under Indian law. It defines a trade union as any combination of workers formed primarily to regulate relations between employers and employees. A trade union must be registered and have a minimum number of members engaged in a particular industry. Registration provides legal status and benefits like the ability to own property and sue others. The rules of a trade union must address matters like membership, leadership, finances, and dissolution. Advantages of trade unions are outlined for workers, employers and society as a whole, such as better wages and working conditions for workers and industrial peace for employers. Challenges faced by Indian trade unions include political divisions and a lack of democratic practices in some unions.
Book 2 human resources development programRoi Xcel
The document outlines the Philippines' National Manpower Development Program which aims to efficiently develop and utilize the country's human resources. Key points:
1) It establishes a National Manpower and Youth Council to formulate long-term manpower plans and policies.
2) The Council will establish training centers and set skills standards to promote workforce development.
3) It provides guidelines for administering training programs, establishing industry boards, and incentivizing workforce training.
The document discusses collective negotiation agreements (CNAs) between public sector unions and management in the Philippines. Some key points:
- CNAs are negotiated agreements on terms of employment not fixed by law, like benefits and working conditions. They are registered with the Civil Service Commission.
- The negotiation process involves both parties submitting proposals, meeting to discuss issues, and finalizing the CNA for ratification by union members.
- CNAs typically cover issues like leaves, transfers, allowances, grievance procedures, and ensure union rights. Items requiring funds are excluded.
- Registering the CNA bars challenges to the union's majority representation during its term, usually 3 years. Incent
This document discusses Philippine labor laws regarding the right to self-organization. It covers topics such as the employees' right to form labor unions, requirements for union registration, collective bargaining procedures, and rights of legitimate labor organizations. Key points include that all employees regardless of employment status can join unions, unions must meet certain criteria to register, and registered unions have the right to exclusively represent employees and engage in collective bargaining.
The document discusses the role of the Personnel Relations Office (PRO) in promoting responsive management and responsible public sector unionism in the Philippines. The PRO handles matters related to public sector unionism in national and local government agencies. It is composed of three divisions that deal with registering and accrediting employees' organizations, conciliation services, and concerns relating to the Public Sector Labor Management Council. The PRO aims to create a harmonious working relationship between management and employees' organizations through these services.
Labor Code: Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization. These illegal practices are considered inimical to the legitimate interests of both labor and management. These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect. These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
LABOUR LAW AND HUMAN RESOURCES...Unfair labour practices and fundamental righ...cloudious nyikadzino
This document outlines the fundamental rights of employees and unfair labour practices by employers. It discusses employees' rights to join trade unions, protection against discrimination and forced labour, fair labour standards, and democracy in the workplace. The document also covers employers' obligations regarding wages, working hours, and prohibitions against obstructing employees' rights or discriminating based on attributes like gender, disability status, and pregnancy. Overall, the key rights established are freedom of association through trade unions and workers committees as well as protections against exploitation.
This document summarizes the key points of Mongolia's Law on Labour as follows:
The law establishes rights and responsibilities for employers and employees, including providing fair working conditions, compensation, and protecting against discrimination. It regulates collective bargaining agreements between employers and employee representatives. Such agreements can establish terms that are more favorable to employees than the minimum required by law. The law also covers dispute resolution procedures and prohibits third party interference in collective bargaining negotiations.
The document outlines unfair labor practices that can be committed by employers, trade unions, or workers according to the Industrial Disputes Act of 1947. It lists 15 unfair labor practices by employers and trade unions of employers, such as restraining workers from joining unions or favoring some unions over others. It also lists 6 unfair labor practices by workers and their trade unions, such as supporting illegal strikes or damaging employer property. The goal of the provisions is to promote harmonious relations between workers and employers.
This document discusses key aspects of human resources management and labor laws. It outlines six main functions of HR: social compliance, training and development, health and safety, personnel management, industrial relations, and compensation and benefits. It then provides details on labor laws governing issues like working conditions, wages, trade unions, and dispute resolution. The document aims to help managers understand their legal responsibilities to employees.
The document discusses the process for registering labor unions in the Philippines according to the Labor Code of the Philippines. It provides that the Department of Labor and Employment (DOLE) is mandated to process applications for union registration for them to have legal status and rights. There are requirements for applications including a completed form, constitution/bylaws, and lists of members. Registration is valid indefinitely and costs 70 PHP. The process takes one working day if all documents are complete. Eligible employees can apply at their local DOLE field office.
constellation energy Policy and Procedures With Respect to Related Person Tra...finance12
The document outlines Constellation Energy Group's policy and procedures for reviewing and approving related person transactions. It defines related persons and related person transactions. It establishes procedures for identifying related persons, disseminating a master list of related persons, approving transactions, ratifying past transactions, reviewing ongoing transactions, reporting to committees, and disclosing transactions as required. The policy aims to identify potential conflicts and ensure related person transactions are fair to the company.
The Trade Union Act of 1926 provides the legal framework for the registration and regulation of trade unions in India. Some key points:
- A trade union is a voluntary organization of workers formed to protect their interests through collective action like securing fair wages and improving working conditions.
- The Act allows 7 or more workers to apply for registration of their trade union by submitting its rules and details to the Registrar.
- Registered trade unions receive legal protections like the ability to own property, enter contracts, and sue/be sued in their own name. They must follow requirements regarding their rules and finances.
- The Registrar can cancel a union's registration if it violates the Act. Appeals can be
1. The document is a Vietnamese law that establishes the rights and duties of trade unions in Vietnam. It defines trade unions as organizations that represent workers and protect their rights and interests.
2. The law outlines the rights of trade unions, which include representing workers, protecting their legal rights, participating in state management, and educating workers. It also defines the duties of trade unions members and the duties of state agencies and employers to support trade union activities.
3. The law is intended to ensure trade unions can properly function in representing workers and coordinating with state agencies and employers on labor issues in Vietnam.
The document summarizes key aspects of several Indian labor laws:
1) The Minimum Wages Act establishes minimum wage rates to prevent exploitation and applies to permanent, contract, and casual workers.
2) The Payment of Wages Act regulates wage payment, deductions, and timing to ensure timely and full payment.
3) The Equal Remuneration Act provides for equal pay for equal work between men and women to prevent gender-based discrimination.
4) The Employee State Insurance Act and Employees' Provident Fund Act establish social security schemes administered by autonomous bodies that provide medical, pension and other benefits funded by mandatory employer and employee contributions.
The Competition Act of 2002 established the Competition Commission of India to prevent anti-competitive practices. The Act prohibits anti-competitive agreements between enterprises, abuse of dominant position by enterprises, and regulates combinations (mergers and acquisitions) that are likely to cause an adverse effect on competition in India. It aims to promote fair competition in the market for the benefit of consumers. The key features of the Act include defining anti-competitive agreements and abuse of dominant position, regulating combinations, and establishing penalties for non-compliance.
This document discusses various labour laws in India including the Factories Act, Employee State Insurance Act, Employee's Provident Fund and Miscellaneous Provisions Act, Maternity Benefit Act, Payment of Gratuity Act, and the Weekly Holidays Act. It also discusses trade unions, collective bargaining, and prerequisites for successful collective bargaining such as organization, freedom of association, mutual recognition between employers and employees, a favourable political climate, agreement observance, compromise, and avoidance of unfair labour practices. An example of a strike is provided in the Maruti Suzuki case study.
The document summarizes key aspects of the Trade Union Act of 1926 in India, including its objectives to register trade unions and establish their legal status. It outlines various principles and functions of trade unions, including their basic, economic, welfare, legal, and political roles. It also describes the classification of trade unions based on purpose, membership, trade, and registration requirements. Finally, it discusses the rights and liabilities of registered trade unions, such as how their funds can be used and how separate political funds can be constituted.
The document discusses key principles of labor law in the Philippines according to the Constitution and Labor Code. It covers constitutional protections for labor rights, definitions of labor relations vs labor standards, elements of illegal recruitment, and prohibited recruitment activities. Illegal recruitment can be committed by non-licensees or licensees, and constitutes economic sabotage if done by a syndicate or on a large scale against three or more persons. Labor contracts must respect public interest over private agreements.
The document discusses trade unions under Indian law. It defines a trade union as any combination of workers formed primarily to regulate relations between employers and employees. A trade union must be registered and have a minimum number of members engaged in a particular industry. Registration provides legal status and benefits like the ability to own property and sue others. The rules of a trade union must address matters like membership, leadership, finances, and dissolution. Advantages of trade unions are outlined for workers, employers and society as a whole, such as better wages and working conditions for workers and industrial peace for employers. Challenges faced by Indian trade unions include political divisions and a lack of democratic practices in some unions.
This document summarizes key provisions of the Cooperative Code of the Philippines (Republic Act No. 6938). It defines cooperatives and establishes them as associations that members voluntarily join to achieve common social and economic goals. The code declares the state's policy of fostering cooperatives to promote self-reliance and economic development. It outlines requirements for organizing, registering, and operating cooperatives, including their purposes, governance structures, capitalization, and duties. The code also addresses the amendment of cooperative agreements and documents, division or merger of cooperatives, and effects of consolidation.
The document outlines key aspects of the Punjab Industrial Relation Act 2010, including definitions, requirements for trade union registration, workers' participation rights, and dispute resolution procedures. It defines terms like employer, worker, trade union, lockout, strike, and industrial dispute. Registration of trade unions requires an application with documents like a member list and constitution. A union's constitution must address matters like leadership election process, financial audits, and dissolution procedure. The act enables collective bargaining and sets up labor courts to resolve industrial disputes.
Unit 3 The Employmnet Contract and Core Labour Legislations impacting ER.pptxKairoonNisaFyzoo
The summary discusses key topics from a unit on employment relations in South Africa, including:
- The development of employment relations law and major acts governing labor relations.
- The nature of employment contracts, including formation and termination.
- Organizational rights of trade unions as outlined in the Labour Relations Act, including access to workplaces, deductions of dues, and paid leave for representatives.
- Dispute resolution processes for resolving conflicts between employers and employees.
The Trade Union Act of 1926 provides for the registration of trade unions in India. Some key points:
- It aims to provide legal status and corporate identity to registered trade unions.
- Unions must have minimum number of members and adhere to requirements regarding their constitution, funds, objects, and rules to qualify for registration.
- Registered unions become bodies corporate that can own property, enter contracts, sue and be sued.
- Funds can only be used for specified objects like administration, disputes, member welfare. Separate political funds are allowed.
- Registered unions are provided certain immunities from civil and criminal prosecution regarding trade dispute activities of members.
The document discusses unfair labor practices under Philippine law. It defines unfair labor practices as violations of workers' rights to organize and collectively bargain that disrupt labor relations. The document outlines unfair labor practices by employers, such as interfering with union activities, discrimination based on union membership, and violating collective bargaining agreements. It also discusses unfair labor practices by unions, remedies and enforcement procedures under the labor code. Finally, it examines various types of union security clauses used in collective bargaining agreements to strengthen unions.
This document is a federal decree-law from the United Arab Emirates regarding the regulation of employment relationships. Some key points:
- It defines terms related to employment such as employer, worker, wage, workplace, etc.
- It aims to ensure efficiency in the UAE labor market, regulate rights and obligations of employers and employees, enhance flexibility, and provide protections.
- It applies to all private sector establishments, employers and workers in the UAE. Certain categories like government employees are excluded.
- It prohibits discrimination in employment and aims to enhance participation of UAE citizens. Equal pay is required for equal work regardless of gender.
- Strict conditions are outlined for the employment of juveniles under 18,
The document discusses the Trade Unions Act of 1926 in India. Some key points:
- The Act provides for the registration of trade unions and defines the law relating to registered trade unions. It aims to regulate relations between workers and employers.
- A trade union is defined as any combination of workers or employers formed to regulate their relations. It can include federations of multiple trade unions.
- To register, a trade union must have at least 7 members and apply to the Registrar. The Registrar will register it and maintain records. A registered trade union is a corporate body that can own property.
- The Act provides various protections and immunities to registered trade unions, such as
This document approves the Consolidated Text of the Law on the Workers' Statute in Spain. It summarizes the process by which the government consolidated existing labor laws and regulations into a single text, including incorporating modifications from recent laws. The consolidated text is then appended in full. The consolidated text establishes the scope and sources of labor law in Spain, outlines basic labor rights and duties, and covers other elements of employment contracts. It goes into effect on May 1, 1995.
Requirements of registration for trade unionsFAST NUCES
the presentation is about the requirements of registration for trade union. moreover it has included the definition of trade union and its legal registration requirements. application for registration and requirements for application are also included. Although, it is providing information about the Trade unions and freedom of association.
The document outlines regulations regarding insider trading in India. It defines key terms like connected person, insider, and price sensitive information. It prohibits insiders from dealing in securities based on unpublished price sensitive information. It requires initial and continual disclosure of shareholding by substantial shareholders, directors, and officers. Companies must have internal code and procedures to prevent insider trading and disclose information received about share transactions of insiders and substantial shareholders to stock exchanges.
This document is the Law on Enterprises from the Socialist Republic of Vietnam. It outlines the general provisions for establishing and operating different types of enterprises in Vietnam. Some key points:
- It defines the scope and regulated entities under the law, including different types of enterprises and those involved in enterprise activities.
- It establishes rights and obligations for enterprises, including business autonomy, tax obligations, employee rights, and more. It also establishes special provisions for enterprises providing public services.
- It defines important terms related to enterprises, shareholders, founders, capital contributions, business registration, and more.
- It addresses issues like enterprise restructuring, political organizations within enterprises, and responsibilities of enterprise managers and legal representatives.
The document summarizes key aspects of the Employment Relations Act of 2008 in Mauritius. It outlines:
1) Application and scope of the Act, including exceptions for certain public sector workers.
2) Key stakeholders in employment relations - workers, trade unions, employers, and the government. It also describes their interests.
3) Provisions around registration of trade unions, collective bargaining rights, recognition criteria for unions, and dispute resolution processes.
4) Obligations of employers regarding access to workplaces and information for union representatives, and time off facilities for union activities.
5) Rules for negotiating and registering collective agreements, their scope and limitations, and processes for resolving disputes.
6
The document discusses trade unions and industrial disputes under Bangladeshi labor law. It defines key terms like trade union, collective bargaining agent, and industrial dispute. It outlines workers' and employers' rights to form and join trade unions. It describes the registration process for trade unions and reasons for cancellation. It also lists unfair labor practices by workers and employers. The document discusses the process for raising an industrial dispute and the conciliation process to resolve disputes.
This document provides the laws of Malaysia relating to industrial relations. It contains definitions of key terms used in the Industrial Relations Act 1967 such as employer, workman, trade union, collective agreement, essential service, lock-out, and strike. It also outlines the parts and sections of the Act which cover preliminary matters, rights of workmen and employers, trade union recognition, collective bargaining, conciliation, representations on dismissals, the Industrial Court, investigations and inquiries into trade disputes, and miscellaneous provisions.
Anticorruption, data protection, confidential information and intellectual property rights, patient safety, competition and antitrust law, sales and marketing ethics - all among the issues presented here are at the forefront of legal challenges faced by international law firms in the healthcare sector, around the world.
THE ROLE OF SHOP STEWARDS IN THE UNION-MANAGEMENT RELATIONSHIPMagate Phala
This document provides an agenda and summary for a workshop on the role of shop stewards in the union-management relationship, held on August 18-19, 2016 at the Hilton Hotel in Sandton, Johannesburg. The workshop covered topics such as the functions and responsibilities of shop stewards, labour law and relevant legislation, disciplinary procedures and unfair dismissals, case studies, and the roles of different stakeholders including trade unions, management, and industrial relations. Presentations were given on the foundation of trade unions, collective bargaining rights, and objectives of industrial relations.
As per section 175 of Bangladesh Labor Law 2006, ‘worker’ means a worker defined under section 2 (65) (definition chapter) and includes
a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with a dispute;
or as a consequence of that dispute;
or whose dismissal, discharge, retrenchment, lay off or removal has led to that dispute.
But it does not include
a person employed as a member of the watch and ward; or
security staff; or
fire-fighting staff; or
confidential assistant; or
telex / fax operator; or
cypher assistant of any establishment.
Watch this expert-led webinar to learn effective tactics that high-volume hiring teams can use right now to attract top talent into their pipeline faster.
Accelerating AI Integration with Collaborative Learning - Kinga Petrovai - So...SocialHRCamp
Speaker: Kinga Petrovai
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Vgood caricom recognition
1. MODEL HARMONISATION ACT
REGARDING REGISTRATION, STATUS AND
RECOGNITION OF TRADE UNIONS AND
EMPLOYERS' ORGANISATIONS
ARRANGEMENT OF SECTIONS
PART 1 - PRELIMINARY
1. Objectives
2. Interpretation
3. Exemption
PART II - FREEDOM OF ASSOCIATION
4. Basic employee rights
5. Freedom of association protection for employees
6. Basic employer rights
7. No compulsion to join or not to join an organisation
8. Membership
9. Federations
10. Remedies
PART III - REGISTRATION AND STATUS
11. Trade union defined
12. Registrar
13. Registration
14. Constitution
15. Alterations in constitution or name
16. Annual return
17. Legal status
18. Amalgamation
19. Defunct organisations
PART IV - SAFEGUARDS FOR MEMBERS OF ORGANISATIONS
20. Compliance with constitution
21. Improper election practices
22. Deposit and safeguard of funds
PART V - RECOGNITION OF BARGAINING RIGHTS
23. Application for certification
24. Application procedures
25. Certification particulars
26. Appropriateness of bargaining unit
2. 27. Employer recognition or notice
28. Certification following employer recognition
29. The majority trade union of poll
30. Poll regulations
31. Employer duties in conduct of poll
32. Restrictions in conduct of poll
33. Employee duties in conduct of poll
34. Granting or refusing certification
35. Compulsory recognition and duty to negotiate in good faith
36. Duty of fair representation
37. Closing of undertaking
38. Effect of certification
39. New collective agreement
40. Revocation of exclusive bargaining rights
41. Right of appeal
42. Right of non certified trade to bargain and right to choose
representative
43. Access to employer's premises
PART VI - COLLECTIVE AGREEMENTS
44. Collective agreements
45. Enforceability of collective agreements
46. Binding effect of agreement on other employers and employees
47. Successor rights and obligations
Schedule I on the Constitution
Schedule II on Poll Procedures
Schedule III on Tripartite Body Procedures
PART 1 - PRELIMINARY
Objectives
1. The objectives of this Act are:
(1) to give effect to the provisions of National Constitutions on freedom of
association, the ILO Conventions on Freedom of Association, No. 87
(1948), and on the Right to Organise and to Collective Bargaining, No. 98
(1949);
(2) to establish procedures for the registration and status of trade unions
and employers' organisations;
(3) to promote and protect the recognition of trade unions; and
3. (4) to encourage orderly and effective collective bargaining.
Interpretation
2. Under this Act -
"bargaining agent" means a trade union that acts on behalf of employees;
"bargaining unit" means a group of employees on whose behalf collective
bargaining may take place;
"collective agreement" means a written agreement between an employer, or
an employers organisation authorised by the employer, and a trade union
concerning terms and conditions of employment of any other matter of
mutual interest;
"commission agent" means an agent or employee who is remunerated by
commission;
"dependent contractor" means a person, whether or not employed under a
contract of employment, who performs work or services for another person
for compensation or reward on such terms and conditions that he or she is
in relation to that person in a position of economic dependence on, and
under an obligation to perform duties for that person more closely
resembling the relationship of employee than that of an independent
contractor;
"employee" means a person who offers his or her services under contract of
employment and includes a dependent contractor, a managerial employee
and a former employee, where appropriate;
"employer" means any person or undertaking, corporation, company, public
authority or body of persons who or which employs any person to work
under a contract of employment or uses the services of a dependent
contractor, commission agent, or contract worker and includes the heirs,
successors and assigns of an employer;
"employers' organisation or association" means any combination
established by employers, the principal purposes of which are the
representation and promotion of employers' interests and the regulation of
relations between employers and employees;
"managerial employee" means an individual who has managerial
responsibilities and who works under a contract of employment;
4. "Minister" means the Minister of the country for the time being responsible
for labour matters or any person authorised to act on his or her behalf;
"Registrar" means the Registrar of the country which is authorised to
register trade unions and employers organisations;
"trade union" means any combination of persons, whether temporary or
permanent, the principal purposes of which are the representation and
promotion of workers interests and the regulation of relations between
employees and employers, and includes a federation a trade unions, but not
an organisation or association that is dominated or influenced by an
employer or an employers' organisation.
Exemption
3. Members of the disciplined forces may be exempted from provisions of this
Act, but national regulations should make provision for rights of association of
police, fire and prison forces.
PART II - FREEDOM OF ASSOCIATION
Basic employee rights
4. Every employee has the right to:
(a) take part in the formation of any trade union or federation of trade
unions;
(b) be or not to be a member of any trade union or federation of trade
unions;
(c) take part in lawful trade union activities;
(d) hold office in any trade union or federation;
(e) take part in the election of shop stewards or safety representatives;
(f) be elected a shop steward or safety representative or be a candidate for
such election;
(g) act in the capacity of a shop steward or safety representative;
(h) exercise any right conferred or recognised by this Act or any any
national law and assist any employee, shop steward, safety representative
or trade union in the exercise of such rights.
Freedom of association protection for employees
5 (1) No employer or employers' organisation, and no person acting on behalf of
an employer or an employers' organisation, shall, with respect to any employee
or any person seeking employment -
(a) require that he or she not join a trade union or relinquish trade union
membership;
5. (b) discriminate or take any prejudicial action, including discipline or
dismissal against such employee or person by reason of trade union
membership or because of participation in lawful trade union activities;
(c) discriminate or take any prejudicial action, including discipline or
dismissal, against such employee or person because of his or her exercise
or anticipated exercise of any right conferred or recognised under this Act of
under any national law on employment or labour relations;
(d) threaten such employee or person that he or she will suffer any
disadvantage from exercising any right conferred or recognised under this
Act or under any national law or under any collective agreement;
(e) promise such employee or person any benefit or advantage for not
exercising any right conferred or recognised under this Act or under any
national law on employment or labour relations;
(f) restrain or seek to restrain such an employee or person, by a contract of
employment or otherwise, from exercising any right conferred or recognised
under this Act or under any national law on employment or labour relations,
and any such contractual term which purports to exert any such restraint
shall be void, whether agreed to before or after the coming into force of this
Act;
(2) Nothing in this section shall be interpreted as preventing an employer from
dismissing or other wise disciplining an employee for a valid reason, in
accordance with national law.
Protection of trade union from employer interference
(3) No person shall commit an act which is designed to promote the
establishment of an employees' organisation under the domination of an
employer or employers' organisation, or to support employees' organisations by
financial or other means with the object of placing such organisations under the
control of employers or employers' organisations.
Basic employer rights
6 (1) Every employer has the right to -
(a) take part in the formation of any employers' organisation or association;
(b) be a member of any such organisation or association, and take part in its
lawful activities;
(c) hold office in any such organisation or association;
(d) be free from obligation to employ members of a trade union;
(e) exercise any and all rights conferred or recognised by this Act or
national law on employment or labour relations, and assist any employer or
employers' association in the exercise of such rigors.
No compulsion to join or not to join an organisation
6. 7. No person shall seek by the use of any threat or intimidation, to compel or
coerce any other person to join or not to join, or to support or not to support, any
employees' or employers' organisation or union.
Membership
8 (1) Any person eligible for membership in a trade union or employers'
organisation or federation under its constitution has the right to membership in
that organisation if he or she pays any fees that are properly payable to it, and
such person has the right to remain a member as long as he or she complies
with the rules of the organisation.
(2) No trade union or employers' organisation shall discriminate in its constitution
or through its actions against any person on the grounds of race, sex, religion,
ethnic origin, national extraction, colour, indigenous population, social origin,
political opinion, disability, age, pregnancy, marital status or family
responsibilities. [or violate in any manner the provisions in the Harmonisation Act
on Equality of Opportunity and Treatment in Employment and Occupation].
Federations
9 Trade unions and employers' organisations may for, participate in, be affiliated
to, contribute to or join any national or international federations of trade unions or
employers' organisations.
Remedies
10 (1) Any complaint with respect to infringement of the rights and protection
contained in the provisions of this Part II may be presented to the appropriate
national judicial authority in accordance with national law which shall provide in
appropriate judicial authority with jurisdiction over such matters.
(2) Where it is alleged in such complaint that an employee or person seeking
employment was dismissed or denied employment was dismissed or denied
employment contrary to section 5 of this Part II, the burden is on the employer to
prove that the dismissal or denial had no connection to the employee's or
applicant's trade union membership or activities.
(3) Subject to subsection (4), where the judicial authority finds that the complaint
is well founded, it shall make such order as it deems necessary to secure
compliance with the provisions of this Part II, including an order for the
reinstatement of an employee, if requested and deemed appropriate, the
restoration to him or her of any benefit, entitlement or advantage, and an order
for the payment of compensation.
7. (4) Where an employee is dismissed contrary to Section 5 of this Part II, he or
she shall be entitled to reinstatement, along with any other remedy the national
court deems appropriate, unless reinstatement is not reasonably practicable.
PART III - REGISTRATION AND STATUS
Trade Union defined
11. The fact that a combination of persons has, under its constitution, objects or
powers other than those objects defined within the meaning of this Act does not
prevent it being a trade union for the purposes of this Act as long as it is a trade
union as defined by section 2, and any trade union shall have power to apply the
funds of the union for any lawful objects or purposes for the time being
authorised under its constitution.
Registrar
12. (1) The appropriate national authority may appoint any person or body he or
she thinks fit to be the Registrar of Trade Unions and Employers' Organisations,
in consultation with the representatives of trade unions and employers'
organisations.
(2) The registrar shall keep a register of all trade unions and employers'
organisations registered under this Act in the form required by national
regulations, and shall discharge all the duties required by this Act and by the
national regulations.
Registration
13. (1) Every trade union and employers' organisation to which this Act applies
shall be registered in accordance with this Act.
(2) The rights and benefits conferred by this Act upon trade unions and
employers' organisations and their members may be exercised only if those
organisations are registered in accordance with the provisions of this Part.
(3) Any 7 members or more of a trade union or 3 [or other minimum as may be
deemed appropriate at the national level] members or more of an employers'
organisation may by subscribing their names to the rules of the union or
organisation and otherwise complying with the provisions of this Act, apply to the
registrar for registration as a trade union or employers' organisation.
(4) The applicants shall transmit 3 copies of the constitution of the trade union or
employers' organisation, duly authenticated by signature of the president or
chairperson and secretary, to the registrar along with the application for
registration.
8. (5) If the registrar is satisfied in respect of any application that -
(a) the requirements of this section have been met;
(b) the constitution is consistent with this Act and the Constitution of the
country and does not contain provisions which are contrary to the provisions
of any national law;
(c) the name of the trade union or organisation is not identical to that of any
existing trade union organisation or so closely resembling such name as to
be likely to deceive its own members or the members of the public
he or she shall forthwith register the trade union or employers' organisation and
furnish it with a certificate of registration.
(6) Any trade union or employers' organisation which was registered prior to the
commencement of this Act under the existing national provisions shall
automatically be deemed registered under this Act and shall be furnished by the
registrar with a certificate of registration.
(7) Any person aggrieved by any refusal or failure to register the trade union or
employers' organisation shall be entitled to apply to the national court within the
time and in the manner and on the conditions directed by the rules of Court.
Constitution
14. The constitution of every trade union and employers' organisation shall
include the information contained in Schedule I to this Act.
Alterations in constitution or name
15. (1) A trade union or employers' organisation may alter its constitution, in
accordance with the procedures set out in its own constitution.
(2) The trade union or employers' organisation shall transmit the proposed
alterations to the constitution or the new constitution to the registrar, and if the
registrar is satisfied that said alterations are consistent with section 13 of this Act,
the registrar shall certify the alterations to the constitution and shall issue a
written certificate stating the approval and the date on which it was given; and as
from that date the new or altered constitution shall have effect.
(3) Subject to section 13 (5)(c) of the Act any trade union or employers'
organisation may change the name under which it is registered in the same
manner as an alteration of the constitution, and if the provisions of this section
have been complied with, the registrar shall issue a new certificate and make the
necessary alterations in the register.
Annual return to registrar
9. 16. (1) Within 6 calendar months after the end of each financial year, every trade
union and employers' organisation shall submit to the registrar a return which
shall include -
(a) the trade union's or employers' organisation' address;
(b) the names and addresses of its current office holders;
(c) the number of fully paid up members of the trade union or employers'
organisation;
(d) an audited annual financial statement.
(2) The registrar shall suspend or withdraw registration of any trade union or
employers' organisation which fails to submit a return in accordance with
subsection (1).
(3) Any trade union or employers' organisation subject to such a suspension or
withdrawal under subsection (2) has the right to make representations tot he
court for an order to re-establish any suspension or withdrawal of registration.
Legal status
17. (1) A registered trade union and employers' organisation shall be deemed to
be a body corporate with the capacity to contract and to hold property, and to sue
and to be sued.
(2) Notwithstanding subsection (1), no civil proceedings except those expressly
allowed by this Act or national law may be brought against a trade union or
employers' organisation issued with a certificate under section 13 or against any
officer, representative or member thereof, in respect of any act done in good
faith, done by or on behalf of such an organisation in the furtherance or purported
furtherance of the objects of the constitution.
(3) Subsection (2) shall not be construed as exempting a trade union or
employers' organisation or any of its officers, representative or members from
contractual liability for goods or services, from obligations incurred in respect of
property, or from liability for any criminal malicious or negligent act.
Amalgamation
18. (1) A trade union or employers' organisation may, in accordance with its
constitution and subject to the provisions of this Act, amalgamate with any other
trade union or organisation.
(2) In the event of amalgamation, the newly constituted trade union or
organisation shall assume all the rights and duties of its predecessor
organisations unless the court on good cause shown upon the application of
some interested party directs otherwise.
10. Defunct organisations
19. (1) Upon application by a member of the trade union or employers'
organisation in question, the registrar may, after making such inquiries as it may
consider necessary, declare a trade union or an employers' organisation to be
defunct if the registrar is satisfied that it is no longer carrying on any of its
activities for a period of over two years.
(2) Any declaration made under this section shall include the winding up to the
trade union or employers' organisation and such direction for the disposal of the
trade unions' or employers' organisations' assets, as the registrar may deem just,
having regard to the objects and the constitution of the trade union or the
organisation or a resolution of the majority of the trade union members in good
standing.
(3) A trade union or employers' organisation subject to a declaration made under
this section may appeal to an appropriate national judicial authority.
PART IV - SAFEGUARDS FOR MEMBERS OF ORGANISATIONS
Compliance with constitution
20. Subject to the provisions of this Act, every former and current officer, member
or employee of a trade union or employers' organisation shall comply with the
constitution of their organisation.
Improper election practices
21. (1) No person shall attempt to influence the outcome of an election for any
office in an organisation by fraud, threat, bribery or other improper means.
(2) Upon application by any member of the trade union or employers'
organisation, or by the registrar, claiming upon reasonable grounds a violation of
subsection (1), the national court may declare such election void, determine a
date for the holding of fresh election and make provision for the filling of the
offices concerned, pending the outcome of such fresh election, or make such
other order relating to such election or fresh election as it may deem fit.
Deposit and safeguard of funds
22. (1) All funds received by or on behalf of a trade union or an employers'
organisation shall be deposited to the organisation's bank account.
(2) Every expenditure of funds by or on behalf of a trade union or employers'
organisation shall be evidenced by a written receipt or voucher, which shall be
kept with the organisation's accounts.
11. (3) The treasurer or other officer responsible for the custody of the trade union or
employers' organisation's funds and property, including the records, shall hand
over such funds and property to the organisation when he or she leaves office, or
earlier if so directed by the governing body of the organisation.
(4) Upon the application of a member or officer of the trade union or employers'
organisation, the national court may make such order as it deems necessary to
secure compliance with this section of the Act.
PART V - RECOGNITION OF BARGAINING RIGHTS
Tripartite Body for Certification
23. The competent authority, in consultation with the representatives of trade
unions and employers' organisations, shall appoint a tripartite body to be
responsible for and carry out recognition and certification of trade unions and
employers' organisations. The body shall operate in accordance with national
regulations which shall be enacted at the national level and shall include the
provisions contained in Schedule III.
Application procedures
24. (1) A trade union claiming to have as members in good standing a majority of
the employees of an employer in a bargaining unit may, subject to the provisions
of this Part, make application to the tripartite body designated by the competent
authority to be certified as the exclusive bargaining agent of the employees in the
unit.
(2) All existing trade unions which were certified as bargaining agents
immediately before the coming into force of this Act shall be deemed to be
certified.
(3) Where no collective agreement is in force and no trade union has been
certified under this Part for the bargaining unit, the application may be made at
any time.
(4) Where no collective agreement is in force but a bargaining agent has been
certified under this Part for the bargaining unit, the application may be made after
the expiry of 12 months from the date of certification of the bargaining agent.
(5) Where a collective agreement is in force the application may be made during
the last three months of the term of the collective agreement or any renewal of it.
Certification particulars
12. 25. (1) The application referred to in section 24 shall be in writing and shall
include the following:
(a) a description of the proposed bargaining unit; and
(b) facts upon which the trade union relies to demonstrate that the majority
of employees in the bargaining unit wish to have the trade union certified as
their exclusive bargaining agent.
(2) A copy of the application shall be served on the employer.
(3) The application shall be determined as soon as possible, but not later than 6
months from the date of receipt by the tripartite body vested with recognition and
certification authority in accordance with the provisions of this Part.
Appropriateness of bargaining unit
26. (1) The tripartite body vested with recognition and certification authority shall
on any application for certification under section 24 first determine the bargaining
unit it considers appropriate in the circumstances and in so doing shall have
regard to -
(a) the community of interest among the employees in the proposed
bargaining unit;
(b) the nature and scope of the duties of the employees in the proposed
unit;
(c) the views of the employer and the trade unions concerned as to the
appropriateness of the bargaining unit; and
(d) the historical development, if any, of collective bargaining in the
employer's undertaking.
(2) After making a determination under subsection (1), the tripartite body vested
with recognition and certification authority may before certification include
additional employees in or exclude employees from the bargaining unit.
Employer recognition or notice
27. (1) Once receiving notice of the application for certification by a trade union,
an employer may within fourteen days of receiving such notice -
(a) indicate its agreement to recognise the trade union as the bargaining
agent for that bargaining unit; or
(b) indicate that he or she doubts that the trade union is entitled to be
recognised as the bargaining agent for that bargaining unit.
(2) A notice from an employer under subsection (1) shall be made in writing to
the tripartite body with the recognition and certification authority and shall specify
the employers reasons for doubting that the trade union is entitled to be so
recognised.
13. Certification following employer recognition
28. (1) Where only one trade union has applied for certification under section 24,
and the employer has indicated in writing his or her agreement to recognise the
trade union as the bargaining agent and it appears to the satisfaction of the
tripartite body vested with recognition and certification authority that the other
conditions of this Act have been fulfilled, said body may carry out a membership
survey to determine the extent of support which the union enjoys among the
employees inthe appropriate bargaining unit on the date such application was
made.
(2) Where it appears to the tripartite body vested with recognition and certification
authority from the results of the survey that the union is supported on the date of
the application by more than 50% of the bargaining unit, said body shall certify
the union as the recognised bargaining agent for that unit.
(3) The Minister, in consultation with the tripartite body vested with recognition
and certification authority, shall make regulations governing the organisation and
conduct of the survey.
The majority trade union determined by poll
29. (1) Where two or more trade unions have applied under section 24 in relation
to the same bargaining unit, or where the one trade union has applied and the
employer has contested certification under section 27, the tripartite body vested
with recognition and certification authority shall carry out a secret poll among
employees in the bargaining unit and shall certify as the recognised bargaining
agent for the unit the trade union which is shown by the poll to have the greatest
support among the employees, provided however that no union will be certified
which has received less than 50% of the votes of those employees in the
bargaining unit.
(2) Where the results of the poll show a tie, a second poll shall be carried out
within 7 days (unless extended for good cause in accordance with national
regulations).
Poll regulations
30. The Minister, in consultation with the tripartite body vested with recognition
and certification authority, may make regulations respecting the organisation and
conduct of the secret poll on matters contained in Schedule Ii.
Employer duties in conduct of poll
31. In relation to the conducting of the poll, every employer shall -
14. (a) take all necessary steps to ensure that his or her employees who are
eligible to vote in a poll are given the opportunity to do so; and
(b) permit each such employee to be absent from work, for a reasonable
period of time not to exceed 2 hours, without pay deduction for the purpose
of voting.
Restrictions in conduct of poll
32. In relation to the conducting of the poll, no person or organisation shall -
(a) seek, in any premises on the day on which the poll is being held or
within one hundred yards of such premises, to influence an employee to
vote or refrain from voting for a trade union;
(b) wilfully obstruct any person from voting or carrying out any functions
imposed on that person under this Act.
Employee duties in conduct of poll
33. In relation to the conducting of the poll, no employee shall -
(a) receive, or agree to receive any money, loan, reward, office or place of
employment for voting or agreeing to vote or for refraining or agreeing to refrain
from voting for a trade union; or
(b) accept or take any food or drink or provision from any person where the intent
is to induce the employee to vote or refrain from voting or to reward the
employee for having voted or refrained from voting.
Granting or refusing certification
34. (1) The tripartite body vested with recognition and certification authority shall
in writing within a reasonable period of time not to exceed 6 months of the receipt
of the application under section 24 -
(a) certify the trade union as the recognised bargaining agent for the
bargaining unit;
(b) refuse to certify the trade union on the grounds that it has not satisfied
the requirement that a majority of employees in the proposed unit wish to
have the trade union certified as their exclusive bargaining agent; or
(c) refuse to certify the trade union on the grounds that the bargaining unit
identified by the trade union is not appropriate under section 27.
Compulsory recognition and duty to negotiate in good faith
35. (1) Where a trade union has been certified as a recognised bargaining agent
for the bargaining unit in accordance with this Part, the employer shall recognise
the union, and the union and the employer shall meet and engage in bargaining.
15. (2) Where certification is granted pursuant to this Part, a trade union, employer or
employers' organisations shall not fail or refuse to bargain collectively in good
faith and shall make every reasonable effort to conclude a collective agreement.
(3) Any person affected by a violation of subsections (1) and (2) may apply to the
appropriate national judicial authority and that judicial authority may make any
order it deems necessary to ensure compliance with this section.
(4) A recognised union which fails to comply with the provisions of subsections
(1) and (2) shall be guilty of an offense and liable to summary conviction to a fine
of [$ ].
(5) An employer who fails to comply with the provisions of subsections (1) and (2)
shall be guilty of an offense and be liable to summary conviction to a fine of [$ ]
for every day the breach continues until the employer has complied with such
provisions.
Duty of fair representation
36. (1) Where a trade union has been certified as the exclusive bargaining agent
for a bargaining unit, it shall be the duty of that trade union to provide full and
proper representation of the interest of all its members in the bargaining unit with
respect to their rights under the collective agreement whether or not they are fully
paid-up members of the organisation.
(2) Any member of the union in the bargaining unit may apply to the appropriate
national authority for an order directing the trade union to cease a violation of
subsection (1) and to comply with the provisions of this section.
Closing of undertaking
37. (1) Where a trade union has been certified under section 30, or has made
application of certification under section 24, an employer who decides to close an
undertaking must give the tripartite body vested with recognition and certification
authority and the union concerned -
(a) reasonable notice of intention;
(b) reason for closure decision; and,
(c) the number and categories of workers to be affected.
(2) An employer who closes an undertaking without complying with subsection
(1) shall be guilty of an offence and shall be liable on summary conviction to fine
of [$ ].
(3) In any prosecution under subsection (2) the onus shall be on the employer to
prove that he or she gave the tripartite body and the union concerned the
16. reasonable notice and good reasons.
Effect of certification as the recognised majority union
38. (1) Where a trade union is certified under this Act as the exclusive bargaining
agent for the employees in the bargaining unit -
(a) the trade union shall replace any other trade union that before such
certification was the bargaining agent for the employees in the bargaining
unit and, shall have exclusive authority to bargain collectively on behalf of
the employees in the bargaining unit and to bind them by a collective
agreement so long as such certification remains in force;
(b) if another trade union had previously been certified or was deemed to
have been certified in respect of employees in the bargaining unit, the
certification of the last mentioned trade union shall be deemed to be
revoked in respect of such employees; and
(c) the certified trade union is substituted as a party to any collective
agreement applicable to any employees in the bargaining unit in the place
of the bargaining agent named in the collective agreement.
New collective agreement
39. Where a certified trade union is substituted as a party to a collective
agreement in accordance with section 38 (1) (c), the union so substituted as a
party to the collective agreement may submit to the employer proposals for the
revision of the collective agreement or for a new collective agreement and the
parties shall bring into effect the revised or new collective agreement within [90]
days/months of the date on which substitution of the recognised majority union
took place. The original collective agreement shall remain in force until a new
agreement is signed.
Revocation of exclusive bargaining rights
40. (1) Any time after one year from the certification of a trade union as the
majority union, any employee in that bargaining unit may apply to the tripartite
body with recognition of certification authority for the withdrawal of the
certification on the basis that the majority of employees in the bargaining unit no
longer wish to have the trade union as their exclusive bargaining agent.
(2) An application under subsection (1) shall be accompanied by evidence that a
substantial number of employees in the bargaining unit do not wish to have the
trade union as their exclusive bargaining agent.
(3) Within 90 days of receiving an application under subsection (1) accompanied
by sufficient evidence as required by subsection (2) the tripartite body vested
with recognition and certification authority shall conduct a representation vote of
the employees in the bargaining unit by secret ballot.
17. (4) After a representation vote under subsection (3), the said body shall grant the
application if more than 50% of those employees in the bargaining unit cast
ballots against having the trade union represent the bargaining unit as the
exclusive bargaining agent, in which case the said body vested with recognition
and certification authority shall cancel the certification of the trade union.
(5) If the certification of a trade union is canceled under subsection (4), the body
vested with recognition and certification authority may make any appropriate
order, including the terms of cancellation, and may decide on the validity and
duration of any existing collective agreement covering the bargaining unit.
(6) If the certification of a trade union is canceled under subsection (4), no trade
union shall apply for certification as bargaining agent for the employees in the
bargaining unit until a period of 6 months has elapsed.
(7) If the application for cancellation of the certification is refused, no one may
bring a further application for decertification until a period of 12 months has
elapsed.
Right of appeal
41. (1) If certification of a trade union as bargaining agent is refused, withdrawn,
terminated or modified by the body with recognition and certification authority,
either the trade union or the employer may refer this matter to the appropriate
national judicial authority for determination.
(2) In making a determination under subsection (1), the national judicial body
shall endeavour in its decision to promote over time a system of orderly and
effective collective bargaining.
Right to choose representative
42. Nothing in this Part of the Act prevents an employee from being assisted by a
representative of his or her choice, including an officer of a trade union which has
not been registered or certified under this Act, in an individual grievance or
disciplinary matter.
Access to employer's premises
43. (1) No employer shall deny to an officer or authorised representative of any
trade union certified under this Act such access to the employer's premises as is
reasonable and necessary for the lawful activities of the trade union.
(2) In granting the access required by subsection (1), an employer may impose
such restrictions as to time and place which are reasonable and necessary to
18. avoid undue disruption of operations and in the interest of safety.
PART VI - COLLECTIVE AGREEMENTS
Collective agreements
44. (1) A collective agreement shall -
(a) be committed to writing and signed by the parties to the agreement;
(b) contain the date on which it is to become effective;
(c) contain effective procedures for the avoidance and settlement of rights
and interests disputes which procedures may include a reference of any
dispute to conciliation, mediation or arbitration;
(d) contain provisions for the settlement of all differences arising out of the
interpretation, application and administration of the agreement;
(e) provide for such other matters as may be agreed between the parties to
the agreement;
(f) be lodged with the Minister or his or her designate.
(2) Nothing in this section shall affect the validity of a collective agreement which
is valid and existing immediately before the coming into force of this Act and such
agreement shall remain in force until it expires or is replaced by another
collective agreement.
Enforceability of collective agreements
45. (1) A collective agreement is binding, unless stated otherwise, on a trade
union and an employer that have entered into it and every employee who is a
member of the signatory trade union or a member of the bargaining unit for
whom that trade union has been certified.
(2) The terms of the collective agreement are deemed to be incorporated into the
employment contract of each employee who is a member of the signatory trade
union or a member of the bargaining unit for whom that trade union has been
certified.
(3) Any party to a binding collective agreement may apply to the appropriate
national judicial authority to enforce the provisions of the agreement.
Successor rights and obligations
46. (1) If a business or a part of it is sold, leased, transferred, or otherwise
disposed or -
(a) the purchaser, lessee or transferee is bound by all the proceedings
under this Act that were commenced before the date of the disposition and
the proceedings shall continue as if no change had occurred; and
19. (b) if a collective agreement is in force, it continues to bind the purchaser,
lessee, or transferee to the same extent as if it had been signed by the
purchaser, lessee or transferee.
(2) Where a dispute arises regarding the applicability of this section, an affected
party may apply to the national court for a determination of the matter in
accordance with this Act.
SCHEDULE I
The constitution of every trade union and employers' organisation shall include
the following information:
1) the name of the trade union or organisation;
2) the objects of the trade union or organisation;
3) the qualifications for membership;
4) provision for the office-bearers in the trade union or organisation among
whom shall be the president or chairperson, a secretary or general
secretary and treasurer;
5) provision for periodic elections to all offices and for the appointment of a
temporary replacement if an office-holder becomes disqualified or
incapacitated from holding office;
6) provision for a general meeting open to all members, at least once every
[two] years;
7) a provision that any member or delegate may propose a resolution at a
general meeting;
8) the fees and other subscriptions payable, and the maximum period of
arrears permitted before a member loses his or her good standing;
9) the grounds on which an officer or member may be suspended or
expelled from office or from membership, each ground being specified;
10) the procedure for suspension or expulsion from office or from
membership, including provision that the affected officer or member be fully
informed in writing of the allegations against him or her, that he or she shall
have a reasonable opportunity to meet those allegations and shall have the
right of appeal;
11) provision for the keeping of full and accurate records by the treasurer or
other appropriate officer, for the annual audit of those accounts by an
auditor appointed by the trade union or organisation who shall not be a
member of that trade union or organisation, and for the availability to all
members on request of full, audited annual statements of account;
12) provision for the banking and investment of the trade union's or
organisation's funds;
13) provision for the paying out of the trade union's or organisation's funds,
including the authority to sign cheques;
14) the conditions under which a member may become entitled to any
financial benefit provided by the organisation;
20. 15) provision for the amending of the constitution;
16) the duration of its financial year;
17) the inspection of the register of members and other books of the trade
union or organisation by its members;
18) the manner of amalgamating with other trade unions or organisations;
19) the manner of dissolving the trade union or organisation.