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Employment Relations In The Fast Food Industry Essay
Work and Employment Relations in the Fast Food Industry
The fast food industry is expanding globally over the years despite of downturns in national
economies. Due to the rapid growth and success of the service, issues such as workers' right, pay
levels and conditions of work are often questioned. While fast food industries has expanded globally
and become multinational corporations (MNCs),to what extent they are able to impose common
employment practices on diverse national systems of labor legislations?(Royle, Towers 2002) This
essay shall discuss about the similarities and differences between work and employment relations in
the fast food industries. The country that will be discussed is Singapore, Germany and the United
States. The ... Show more content on Helpwriting.net ...
Trade unions are indeed important for Germans in order to protect their rights , moreover, why they
do not need to endure with the poor working conditions and low pay just because they aren't any job
available for them in the country? A lot of benefits are provided to the crews in McDonald's
Singapore, they are entitled with annual pay bonuses, in–house medical benefits and their starting
salaries are slightly higher than the 'market rate'. They are provided with air–conditioned working
environment and meals are provided by the restaurant.
McDonald's are able to carry out its own HRM programme in Singapore fostering corporate values
and discouraging employee resistance and avoiding imposition of collective negotiations and
bargaining because the worker has right to either join a trade union or not.(Pereira ,2002). The
'Recruitment and Retention' and the implementation of the company's disciplinary system for
instance is a very successful HRM programme. McAunties and McUncles started when McDonald's
recruit retirees or housewives that are unwilling to commit in a full–time job yet wanting to fully
utilize their time. Since then, alterations are made to the employment relations. All these older crews
are able to choose their
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Disadvantages Of Trade Unions
Unfair Dismissals According to Cant and Van Heerden (2015), the term unfair dismissals is only
used in respect of employees of an organisation, it is seen as the protection of employees from
unfairly being let go or dismissed. If an employee carries out a task that is set out by the LRA such
as a protected strike, they are protected from being unfairly dismissed and would be seen as
automatically unfair. Regardless of if the dismissal was fair or unfair, the dismissal still has to
follow a certain set of rules, the dismissal should be fair and should relate either to an employer's
failure to do the job specifications or relates to the employees lack of benefit to the organisation. An
employee who feels that they have been unfairly dismissed must take their issue to the CCMA
which was earlier discussed. If the dispute relates to an employee's misconduct or incapability's, the
dispute is then forwarded to arbitration. Advantages and Disadvantages of the LRA. Advantages:
Disadvantages: Lower turnover costs: According to Chron (2017), in the case of an employee
leaving an organisation, there are a lot of costs involved, those being training of new candidate and
filling the employees old position, according to Chron (2017), trade unions can help close this threat
because they encourage and instil management to employee communication which encourages the
employee to work on ways to improve the environment in which they work rather than leaving their
job and incurring the manager extra costs. According to Study Room (2017), there are many
disadvantages in the labour laws that ASouth Africa follow such as:  Employers may not just
dismiss employees at their own convenience, as stated earlier, certain procedures have to be
followed to retrench or dismiss an employee.  According to Study Room (2017), a lot of the
employers as well as the employees do not respect the act so it cannot be properly carried out in the
workplace respectfully. Higher Employee Productivity: According to Chron (2017), it is said that
employees who belong to a union work much harder and have higher productivity levels than those
who don't belong to a union.  According to Study Room (2017), employers basically cannot stop
strikes
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Perspectives On The Statutory Requirement Essay
PERSPECTIVES ON THE STATUTORY REQUIREMENT TO CONCLUDE COLLECTIVE
BARGAINING UNDER EMPLOYMENT RELATIONS ACT 2000 INTRODUCTION The
Employment Relations Act 2000 provides a framework for collective bargaining and gives unions its
power to arrange better working conditions for union members through collective bargaining. The
purpose of this report is to discuss and critique the existing law and proposed change under s 33 of
the Employment Relations Act 2000. This report will first discuss perspectives of the political
parties in relation to the theoretical perspectives on labour law. Secondly, I will express my own
perspective on this matter. Currently, s 33 of the Employment Relations Act 2000 places a legal
obligation upon parties' collective agreement to conclude it negotiations. This means that employers
must continue to bargain with unions until the collective negotiations has been concluded as a
requirement of good faith in employment relationships. This is avoidable only in very limited
circumstances where there is a genuine reason. This places employers in a difficult position where
they are forced to bargain despite a deadlock. The National Government has taken a unitarist
approach to employment law in respect of its proposed bill to abolish the requirement to conclude
collective bargaining. National believes it will create more fairness, balance and flexibility in the
labour market. On the other hand, the Labour party adopts a pluralist approach by strongly
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Aspects of Industrial Relations.
Industrial Relations or Labour Relations is an expression used not only for relationships between
employers and Trade Unions, but also for those involving Government with the aim of defining
policies, facing labour problems. The concept of industrial relations has a very wide meaning and
connotation. In the narrow sense, it means that the employer, employee relationship confines itself
to the relationship that emerges out of the day to day association of the management and the labour.
In its wider sense, industrial relations include the relationship between an employee and an
employer in the course of the running of an industry and may project it to spheres, which may
transgress to the areas of quality control, marketing, price fixation ... Show more content on
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A Trade Union is any combination, whether temporary or permanent, formed primarily for the
purpose of regulating the relations between workmen and employers, or between workmen and
workmen, or between employers and employers, or for imposing restrictive conditions on the
conduct of any trade or business, and includes any federation of two or more trade union .Ellem,
(2004). The role of trade unions and their representatives The existence of a strong and recognized
trade union is a pre–requisite to industrial peace. Decisions taken through the process of collective
bargaining and negotiations between employer and unions are more influential. Trade unions play an
important role and are helpful in effective communication between the workers and the
management. They provide the advice and support to ensure that the differences of opinion do not
turn into major conflicts. The central function of a trade union is to represent people at work. But
they also have a wider role in protecting their interests. They also play an important educational
role, organizing courses for their members on a wide range of matters. Seeking a healthy and safe
working environment is also prominent feature of trade union. Although trade unions look after the
interests of their members, they also recognize the advantages of working in partnership with
employers. This is because a successful, profitable business is good for workers and therefore good
for the union and its
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What are Trade Unions?
"Trade Unions are not merely economic actors: they are necessarily protagonists in the political
arena. Regulating the labour market is a question of power resources. Yet if Unions are inescapably
both economic and political actors, the relationship between the two is complex..." A trade Union as
defined by the Trade Union and Employers Organisation Act as an organisation the principle object
of which includes the regulation of relations between employees and employers or employers
organisations. Thus, its objective would necessarily be that of collective bargaining. Collective
bargaining deals with the balancing of divergent interests, these being those of the employer to
maximise profits and those of the employee of adequate ... Show more content on Helpwriting.net ...
I am of the opinion that political affiliation of Trade Unions diminishes the prospects of negotiating
in good faith where one party is in better footing than the other. Such good faith can be further
diluted by political ambitions to the detriment of workers. A classic example of this is the 2011
Public Service strike where the employer (government), instead of addressing the problems of the
day, abused their executive and legislative powers by mandating that some professions that were
involved in the strike be included as essential services. This can be interpreted as an order to prevent
the said employees from going on an otherwise lawful strike in the event of a deadlock. It is
submitted that the actions of the employer were more motivated by its objective to preserve its
political existence than by the endeavour to uphold workers' rights. So while section 48 of the
TUEOA provides that there is a duty to bargain in good faith , an employer whose opponent is
politically laced has no duty to yield to the demands of Trade Unions because of possible the
political animosity which is bound to be injurious to the labour force. Article 8 (1) (a) of the
International Covenant on Economic, Social and Cultural Rights provides that state parties to the
covenant undertake to ensure that trade unions function freely subject to no limitations other than
those prescribed by law and which are necessary in a democratic society in the interests on national
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The Pros And Cons Of Trade Unions?
What are trade unions? We hear about them all the time and yet very few people know about them
and what they have to offer. A trade union, also known as a labour unions, are organizations of
workers who have chosen to unite together to be able to achieve common goals such as protecting
the integrity of its trade, achieving well deserved higher pay, increasing the number of employees an
employer hires and obtain better working conditions. Through its leadership, the trade union is able
to bargain with the employer on behalf of members and negotiate labour contracts with the
employer. The well known purpose of such associations is to maintain or improve the conditions of
their employment. This can include the negotiation of wages, work rules, ... Show more content on
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In the face of continuing government intransigence, the two groups are now working closely
together in the vanguard of a broad coalition of forces seeking to introduce a multiparty system.
Together with the Swaziland National Association of Teachers, the SFL and SFTU agreed in March
to set up a Labour Coordinating Council with a joint national executive committee and secretariat to
further bind them together. The unions are also working with churches, banned political parties,
NGOs, human rights groups and even, on occasion, the employers' federation in a broad coalition to
demand change. Although Swaziland has banned political parties, the law does allow for labour to
organize and form unions. The country has ratified all eight International Labour Organization
conventions, and the workers have legal rights to collective bargaining and strikes. However, there
are restrictions – unions must represent 50 percent of employees in a work place to be automatically
recognized; if not recognition depends on the employer. Procedures for announcing a strike can last
up to 74 days, and voting procedures on strike action are complex, making legal strikes virtually
impossible to organize. There is legal redress at an Industrial Court, which is generally viewed as
effective and impartial by unions and
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Employment Law Essay
Introduction In many countries the state's role in employment relations is not something that can be
ignored. The state, which is characterized by a set of institutions made of the executive, legislature,
the judiciary, the local government and the police, is a system of political domination that exercises
power with the legitimate usage of violence, money supply and taxation. The presence of the state in
any aspect of life of its citizens is pervasive, whether it is through macroeconomic policies or its role
as an employer or even through legislation. In the capitalist world we live in today the state cannot
be left out in any aspect pertaining to its citizens. The state (government) is applying policies on the
basis that other ... Show more content on Helpwriting.net ...
It influences this relationship directly through legislation, courts to solve disputes and also as an
employer. Indirect influence on the other hand is seen when the state is providing important
contexts. These may be engagement rules in relations among them, legitimacy and acceptability
boundaries, setting climate and priorities in relations of the employees, employing 'best practice' in
employees relations and acting as an example (Ozaki, 1999). The state has specific objectives and
interests in employee relations like maintaining stability and order in the labour market, protecting
employees at work when there are no alternatives, maintaining the bargaining power parity between
the main parties, controlling inflation and earnings through income policies, maintaining economic
growths and ensuring that its citizens acquire skills through education to reduces the unemployment
levels. The state is able to achieve this through its various roles i.e. as a peacemaker, as a pace setter,
as an economic manager, as legislature and as an employer. That state had in recent years performed
different roles in different countries, particularly in the provision of institutionalized structure for the
joint relationship between the trade unions and the workers, and employers and their ambassadors to
enhance a bipartite relationship. However, majority of nations have an account of significant and
vital involvement of the state, and
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collective bargaining
PeCOP Journal of Social and Management Sciences Collective Bargaining Dr Isaac Chaneta
University of Zimbabwe – Harare, Zimbabwe Dr Isaac Chaneta Collective Bargaining Dr Isaac
Chaneta Unionism: Good or Bad for Productitivity Dr Isaac Chaneta Employee Welfare 1 PeCOP
Journal of Social and Management Sciences Collective Bargaining Dr Isaac Chaneta University of
Zimbabwe – Harare, Zimbabwe Abstract Collective bargaining is concerned with the relations
between employers acting through their management representatives and organized labour. It is
concerned not only with the negotiation of a formal labour agreement but also with the day– to– day
dealings between management and the union. Because the management ... Show more content on
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Collective agreements may also address the rules for future bargaining, where this is not covered by
obligations under the legislation governing collective bargaining. 2. The outcomes of collective
bargaining are not always clear, or predictable: negotiation is a contradictory process involving
adversarial role and compromises and accommodation will depend upon a number of factors such as
external environmental factors including the state of the economy, the nature of the good or service
market, the state of the labour market or the prior history of relationships between the parties. In
addition, the success of negotiating tactics will depend upon the skills of individuals , the
perceptions of party principals about the strengths of the other party and the employment of other,
industrial action outside the negotiations. 3. Collective bargaining systems rely upon the parties
bargaining in good faith. This is usually guaranteed by collective legislation. 4. Third party
intervention occurs only after the parties reach an impasse in negotiations. Conciliation and
arbitration either may be determined by the parties in earlier agreements or be provided by
established state institutions. The later has been the case in Australia where the Industrial Relations
Commission's principal conciliation or arbitration is possible under most collective bargaining law
in western market
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Labor Relations In Labour Relations
Labor Relations Labour relations refers to the relations between employee and employers. They are
affected by certain factors, including the labor market, collective bargaining, labor organization,
government policies, economy conditions, labor law and technological change. Since industrial
relations are frequently associated with unions, it is important that in Canada, until the 1970s, a
larger piece of unions and union individuals had a place with American–based specialty and
mechanical unions. The incidences of the strike have raised a lot in North American labor relations.
The latest one is Ontario college teacher's strike which was the longest college strike in Ontario
history. Developing a labor relation plan Labor relation plan is a study and practice of managing
unionized employment situation and work relations to distinguish the objectives in labor relations
wanted by work or administration, separately or together; to decide the methodology expected to
achieve those objectives, and to build up the activities expected to do that system. An important
professional association for Canada labor relations scholar's and practitioners is the labor and
employment relation association. All labor legislation weather it's federal or provincial has certain
features in common: fair employment practices wages and work hours vacations and holidays
maternity benefits and sick leave employee safety job and income security industrial relations
regulations UNION
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Employment Relations Between Japan & Singapore
This essay aims to compare the industrial relations in both Singapore and Japan. It will first
indentify both countries industrial relation system, whether it is unitarist, pluralist or radical. It will
then touch on the various aspects in the industrial relation system: trade unions, system to resolving
industrial conflicts, wages related policies and discrimination at work. In addition, it will look at the
policy of lifetime employment and seniority in wages, policies which Japan companies have been
well–known for adopting. This essay will then conclude and summary, to what extend are both
system similar or different, after comparing the various aspects as listed above. Industrial relations
refer to the relationship between employers, ... Show more content on Helpwriting.net ...
Rengo's affiliations are mostly trade unions of large corporations, or trade unions of medium and
small enterprises. Zenroren's affiliations, on the other hand, are mostly small trade unions in large
firms or trade unions in small and medium enterprises (Aida 2002). Each of these national trade
union centres comprises of different members, thus their focus on protecting the interest of their
members can be quite different. Despite the harmonious nature of Japanese people, there are still
conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved
conflicts occur because many firms are conducting restructuring and retrenchment during this period
of economic uncertainty. When these conflicts happen, they can approach the local government
mediation body to help conciliate and make a decision. Most decisions made are generally accepted;
however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System,
or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional
judge, 1 union representative and 1 employer representative. All 3 judges must have professional
knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on
majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004).
Singapore employs a very
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Labour and Industrial Relations
LABOUR AND INDUSTRIAL RELATIONS MISCONDUCT INTRODUCTION Misconduct
could be a serious offence titled to be an unacceptable behavior by an employee or professional
person. Misconduct can lead either to be a major or minor offence depending on the offence made
by the person. In a misconduct case, the basic ruling is that the employer must prove beyond any
doubt that the employee is guilty of the offence. Taking this into view it must be understood that the
employee does not need to prove his innocence but the employer need to prove his guilt. Decision
making is the back bone behind any business activity. Without decisions, nothing moves and
business leaders tasked with making them need the right information to ensure they are taking the
right type of action. SULNAYAH MOHD ISA V. SEKOLAH KANAK–KANAK PEKAK
SELANGOR & ANOR [1999] Case laws have defined the meaning of misconduct to be any
conduct on the part of employee which is inconsistent with the faithful discharge of his duties, or
any breach of the express or implied duties of an employee towards his employer. It is also known
as a form of improper behaviour or an intentional wrongdoing or a deliberate violation of a rule or
standard of behaviour. In the case of Sulnayah Mohd Isa v. Sekolah Kanak–Kanak Pekak Selangor
& Anor [1999] 6 CLJ 234 and 235 where the High Court decided inter alia: An employer cannot
terminate the services of a worker during her probationary period. However, a dismissal could be
effected
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The Strike Of The Labour Relations Act
Section 1 of the Labour Relations Act, "defines "a strike as a cessation of work, a refusal to work or
to continue to work by employees in combination or in concert or in accordance with a common
understanding, or a slow–down or other concerted activity on the part of employees designed to
restrict or limit output". According to the "Labour Relations Act" the strikes are legal only if some
preconditions are met such as the collective agreement must have expired, a strike vote must have
been held and 50% of the members are in favour of the strike, and a conciliation officer must have
been appointed. All the employees covered under the Labour Relations Act are not lawfully
permitted to strike. For example, hospitals, nursing homes and Toronto Transit Commission do not
have the right to strike. Some departments like fire fighters and police are not subject to the law that
was discussed above and have their own legislations
If a union is not obeying the law then a strike can be charged as illegal and the participants are
subject to discipline. The employer can request the board for cease immediately and if the orders are
disobeyed, then a court order can occur. The breech of court orders can result in fines and jail
sentences and employers can also sue the individuals or unions for any damages that may occur.
Furthermore, union leaders can be charged and held responsible for the consequences of the strike.
Considering the differences of legal and illegal strike, as discussed
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Disadvantages Of Industrial Relations
"Living in an advancing technological age" when hearing this statement the first thing that come to
mind is what is the technological age we are living in? Technological age or the information age as
its also called is a period of time in which information became easily accessible through
publications and through the manipulation of information by technology which comes in the form of
computers and computer networks, and information being any useful data, instruction, or
meaningful content. (Freedictionary.com).When examining the term industrial relations it can be
separated into two sub categories industry and relations. Industry according to vocabulary.com is a
group of manufactures or businesses that produce a particular kind of goods or services and relations
would refer to the ... Show more content on Helpwriting.net ...
The assets are fully used, subsequently in the maximum possible production. There is continuous
flow of revenue for all. Declining in Industrial Differences – Good industrial relations diminishes
the industrial disagreements. Clashes are replications of the failure of rudimentary human impulses
or stimuli to secure adequate gratification or manifestation which are fully treated by good industrial
relations. Strikes, lockouts, go–slow tactics, grievances are specifics of the likenesses of industrial
turmoil which do not transpire in an environment of industrial peace. It aids in helping co–operation
and growing production. High optimism – Good industrial relations increase the confidence of the
workers. Employees work with great enthusiasm with the feeling in mind that the interest of
businesses and workers is one and the same. All workers thinks that he is a co–owner of the
advantages of industry. Thorough harmony of thought and action is the chief accomplishment of
industrial
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Industrial Relations
Conceptual Framework of Employment Relations UNIT 2 EVOLUTION OF INDUSTRIAL
RELATIONS AND CURRENT DEVELOPMENTS Objectives After going through this unit, you
should be able to: l l explain the historical perspective of industrial relations in India; appreciate the
impact of globalisation, technological changes, and other forces on industrial relations; identify the
issues and challenges confronting industrial relations in India. l Structure 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9 Introduction Industrial Relations in India Government's Role Current Developments
Industrial Relations Scenario Issues and Challenges Summary Self–Assessment Questions Further
Readings 2.1 INTRODUCTION In order to understand the issues and problems associated ... Show
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The close of the First World War gave a new twist to the labour policy, as it created certain social,
economic and political conditions that raised new hopes among the people for a new social order.
There was intense labour unrest because workers' earnings did not keep pace with the rise in prices
and with their aspirations. The constitutional developments in India led to the election of
representatives to the Central and Provincial legislatures who took a leading role in initiating social
legislation. The establishment of International Labour Organisation (ILO) in 1919 greatly influenced
the labour legislation and industrial relations policy in India. The emergence of trade unions in
India, particularly the formation of All India Trade Union Congress (AITUC) in 1920 was another
significant event in the history of industrial relations in our country. Second Phase: The policy after
the First World War related to improvement in the working conditions and provision of social
security benefits. During the two decades following the war, a number of laws were enacted for the
implementation of the above policy. The Trade Disputes Act, 1929 sought to provide a conciliation
machinery to bring about peaceful settlement of disputes. The Royal Commission on Labour
(192931) made a comprehensive survey of labour problems in India, particularly the working
conditions in the context of health, safety, and welfare of the workers and made certain
recommendations of
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The Bargaining Council: The Functions Of The Bargaining...
Collective Bargaining. Collective bargaining structures. Bargaining councils. Bargaining councils
are the statutory successors to the industrial councils that existed under the 1956 LRA, restyled and
revamped to cater for new potential membership and function. The primary function of bargaining
councils, like their predecessors, is to regulate relations between management and labour in the
sectors of employment over which they have jurisdiction by concluding collective agreements, and
to settle disputes between parties falling within their registered scope. Bargaining councils conclude
the collective agreement. A bargaining council thus has a peace–keeping function. Parties to the
council may, of course negotiate all matters mutual interest .They are accordingly not confined to
negotiate wage increases and other conditions of employment, but can negotiate a number of other
issues, such as dispute resolution procedures and the threshold of representativeness in respect of
certain organisational rights. Should parties conclude a collective agreement in ... Show more
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Collective Agreements are concluded to give effect to these matters. Such agreements may also be
extended to non–parties and the provision for the extension of agreement concluded in a bargaining
council are mutatis mutandis applicable. Collective bargaining is not expressed in the act as a
function of the statutory councils. However, provision is made in section 43 for the constitution of a
statutory council to be adapted so that it includes any of the functions of a bargaining council,
including the conclusion of collective agreements in general. The provisions relating to collective
agreements are then applicable to such
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How Trade Unions Changed Since The 1980's
MGTS2607 Essay What is meant by employer militancy? How have employer actions towards trade
unions changed since the end of the 1980's? Why have Australian employers undertaken this change
of approach? Student: Samantha Freeman Student Number: 41022715 Tutor: Dr Tom Bramble Due
Date: 16th September 2008 WORD COUNT: 1,900 This essay will answer the three essay questions
put forward. Firstly, it will briefly explain what is meant by employer militancy. It will outline the
main features of the aggressive approach adopted by employers in their relations with trade unions
since the 1980's. Secondly, this essay will describe the changes in employer actions towards unions.
It will outline the different phases that have ... Show more content on Helpwriting.net ...
These ammendents included, among other things, the introduction of a non–union/collective
bargaining system in the form of Enterprise Flexibility Agreements. The intention of the 1993
Industrial Relations Reform Act, for example, was to make enterprise bargaining the main process
for determining wages and other conditions of employment. Awards continued to provide effective
regulation for employees who were not enjoying the benefits of enterprise bargaining, even if award
wages rose slowly and fell well behind wage increases in enterprise agreements (Bray etc al, 2006).
The Business Council of Australia's strong support for enterprise bargaining and for a weakened role
for arbitration tribunals gradually became the mainstream position among most Australian
employers, even among those who had previously supported centralized bargaining (Thornthwaite
and Sheldon, 1996). This was the first time in history, in which the unions were excluded from
having any involvement in all forms of agreement in relations to employment conditions in the
federal jurisdiction. It was at the time of this introduction that it became evident that these
agreements would allow employers to begin to de–unionise their operations and to accelerate their
move towards a non–union status. The most radical industrial relations reforms of the past 20 or so
years was brought in soon after the election of the Howard government in 1996. Whilst
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Socio-Economic Inequality in South Africa is Due to the...
Socio–economic inequality in South Africa is due to the institutionalised ideological mismatch
regarding labour and economic policy
Economic growth is shaped by policy context and promoted most effectively when it is consistent
with either liberal market or co–ordinated market ideal type varieties of Capitalism. Policy
inconsistency dampers economic growth post–apartheid South Africa attempted to adopt a social–
democratic and co–ordinated variety of Capitalism. This failed due to the adoption of macro–
economic neo–liberal policies. Organised labour protected labour market policies which lead to
policy inconsistencies with regard to trade liberalisation. Trade liberalisation combined with labour
market protection leads to unemployment. ... Show more content on Helpwriting.net ...
A social democratic or coordinated variety of capitalism seemed like South Africa's destiny. CME–
type coordinated wage setting seemed realistic and major effort was put into developing regional
and national–level social democratic institutions. Organised business and labour agreed to discuss
the impact of labour relations on the economy.
National Economic Development and Labour Council (NEDLAC)
According to the leading business representative " Nedlac was intended to inaugurate a new era of
inclusive consensus–seeking and ultimately decision making in the economic and social arenas"
(Parsons 2007, 9). Nedlac failed. The first obstacle was the fact that peak– level business
organisation was racially divided which made national coordination impossible. BSA turned into
BUSA and from it emerged BBC. The second blunder came from government when they only
referred some economic policies to Nedlac. The post–apartheid Labour relations act was negotiated
in Nedlac before it went to parliament; sadly they neglected to send the 1996 "Growth Employment
and Redistribution (GEAR)" macro–economic framework through Nedlac. Even though it would
curb government spending, enhance private investment and liberalise aspects of the labour laws to
promote job creation, it was still met with great public condemnation
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Industrial Relations-Labour Laws
A detailed examination of the Jamaican Labour Laws
HRNM 6015/ HR67A Industrial Relations and Negotiations
(Semester II: 2013)
University of the West Indies
Department of Social Sciences
An exploration into whose interest is served by the law and the reality of a class bias.
04–029353
Submitted as partial completion of the requirement for the Masters of Science Degree Human
Resource Development at the UWI (Mona)
Introduction
Labour law in the Caribbean and Jamaica in particularly has traditionally been shaped by social,
economic and political influences Goolsaran (2005). Over the past 100 years, its major challenge
has been its response to social and political demands for workers' rights, justice and democracy ...
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The law essentially provided for the registration of trade unions, outlining certain requirements
about their rules, trusteeship, accounts, amalgamation, dissolution and the filing of annual financial
statements to a Registrar. The law however, unlike its counterpart British law at the time, did not
give the right to "peaceful picketing or the common law disability of action in tort whereby trade
unions could be sued for damages in consequence of strike action was not removed by the Trade
Union Law in Jamaica." Conventional wisdom even at that time is that this omission was not
accidental, and the expressions by the then Governor of Jamaica on that occasion were the Jamaican
workers were not ready for trade unionism, acted as confirmation. (Henry 1982).
Provisions of the Act
The Act provides for the registration of trade unions and identifies enactments which shall not apply
to trade unions. It provides for ownership of land by registered trade unions.
It provides for the appointment of trustees and their empowerment to bring and defend actions and
prosecutions. It provides for the setting up of a registered office to which all
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Types of Unemployment, Labour Relations, Trade Unions in...
1.1) Unemployment– it occurs when a person who is actively seeking and searching for employment
but is unable to find work.
Types of unemployed are frictional unemployment, structural unemployment, and cyclical
unemployment
1.2.1) BRICS–Brazil, Russia, India, China, South Africa .This countries represent the 5 declaration
of countries.
1.2.2) the purpose of BRICS is to let countries interact with each other. The involvement of
globalisation among countries is important. South Africa produces mineral which contribute a lot to
the BRICS resources. They must engage functionally on their variable approaches to economic
development, in detail the balance accorded to markets set against the state.
1.3) The unemployment rate rose to 25.6% ... Show more content on Helpwriting.net ...
We could solve unemployment, shortage of housing and create an industry that contributes to our
GDP. Government should create solar power station whereby we save energy and job creation for
citizens living in the country
Question2
2.1) John Dunlop's theory to labour relations is viewed from various angles which may range from
the economic to the social, political to the legal, psychological and managerial. The interaction and
relationship between workers, managers and government and this creates the set of rules of the
workplace or the principles of the system.
Within the labour relation environment the actors who are the labour union, managers and
government organizations interact with each other, negotiate and use economic power in the method
of determining rules that constitute the output of the industrial relations system. The system operates
within technology, product markets as well as the distribution or power in society
2.2)Tripartism is the Department which promotes social dialogue, sound industrial relations and the
adoption or reform of labour law in accordance with international labour standards Bipartism .
Tripartite is a process where all individual parties operate opposite each other. Bipartite is the
process whereby the employer
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Statutory Councils
STATUTORY COUNCILS
Labour Relations Act 28 of 1956 includes as one of the aims of the Act, the prevention and
settlement of disputes between employers and employees. Industrial councils were the primary
institution for collective bargaining; generally they were system that involved a form of centralised
bargaining in a particular industry or segment of an industry (Alan Rycroft, Barney Jordaan,
1992:146)
Industrial councils consisted of representatives from one or more employer parties and one or more
employee parties who as a whole enjoy representation on the council.
Statutory councils were formed as a result of a compromise between government and big unions to
satisfy the governments fear that the bargaining council system would not ... Show more content on
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2) A statutory council, in terms of its constitution, may agree to the inclusion of any of the other
functions of a bargaining council referred to in section 28.
3) If a statutory council concludes a collective agreement in terms of subsection (1)(d), the
provisions of sections 31 , 32 and 33 apply, read with the changes required by the context. 4) a)
From the date on which the Labour Relations Amendment Act, 1998, comes in to operation, the
provisions of the laws relating to pension, provident or medical aid schemes or funds must be
complied with in establishing any pension, provident or medical aid scheme or fund in terms of
subsection (1)(c).
b) The provisions of the laws relating to pension, provident or medical aid schemes or funds will
apply in relation to any pension, provident or medical aid scheme or fund established in terms of
subsection (1)(c) after the coming into operation of the Labour Relations Amendment Act, 1998.
Statutory council may extend its powers and functions to include any functions of a bargaining
council. They are allowed to this by concluding a collective agreement. However, a Statutory
Council has
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Labour Relation Act Assignement
Course: Principles of Human Resource Management Section: Industrial Relations Assignment:
Individual Assignment Question 1 How employee can be dismissed for poor performance In today's
work environment it is important that the employees meet the competitiveness of their organisation's
market locally and globally. To have employees that are not performers (Dead Woods) can cost the
company an arm and a leg. Poor performers can cost companies a lot of money, not only due to
service but due to mistakes they make. More over dealing with them take up a significant part of
management time. Most organisations do not have a system that addresses, and deal away with poor
performers openly and honestly. In these sections we will be looking at ... Show more content on
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2. Was the rule or standard valid or reasonable 3. Was the employee aware, or could reasonable be
expected to be aware of the rule or standard 4. Did you apply the rule or standard consistently 5.
Was the dismissal an appropriate sanction for the contravention? If all the steps above have been
followed, it is assuring that the dismissal will be substantially fair Poor performance infringement
must be dealt with via a process of more than one to three warnings at progressively higher levels of
severity, depending on the adherence or compliance of the infringement. The warning accumulated
on a progressive basis can culminate in a disciplinary hearing and a possible dismissal. In the case of
poor performance only the infringement of the similar kind accumulated in the line of progression
stand a reason to a discipline. The standard generic corrective procedure to be followed 1. Make
sure that the infringement occurred and has been committed by the employee in question, that is to
have a proof that the employee under performed 2. Meet privately with the employee and explain
the poor performance, ensuring the employee understands and making summarised notes of the
entire corrective meeting discussion 3. Give the employee the opportunity at the meeting to put his
reasons for poor performance 4. Carefully consider the his reason for poor performance and decide
on the facts and balances of probability as at to wether the employee is guilty or not 5.
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Presentation And Case Study Analysis
Presentation & Case Study Analysis
Jade van Heerden
Business Studies
Term 1
2016
Table of Content:
Topic Pg No.
Part 2 1–4
Part 3 5–7
Reference list 8
Glossary 9
Rough work (including articles) 10–end
2. Written report on primary research
On Friday the 13th of February I interviewed the Liquor Store Manager from Makro Springfield,
Babs Moodley. Babs informed me on information regarding Labour Relations and incidents
involving employees and the CCMA. He also offered insight into organisational structures and
methods they use to problem solve employee grievances.
With regards to problems in the workplace the managers identify the problems that employees are
encountering and attempt to solve them in a fair manner for both parties. If problems are not solved
internally then 3rd party mediation is needed. An incident occurred with an employee that received a
gift from a supplier and was later on fired due to the strict policies at Massmart. This case was taken
to the CCMA and is currently still under investigation. Babs informed me that the CCMA was very
helpful and efficient when trying to resolve labour disputes for both parties. Makro is involved in
numerous cases with the CCMA every month. Recently 10 employees were retrenched and
Massmart is now under investigation for unlawful dismissal. He also stressed that in most cases the
CCMA protect the rights of employees but often don't have a strong case against Massmart
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National Labour Relations Act In Section 7
National Labor Relations Act in section 7 give all employees protection of concercted activities the
employee is a member of a union or not (Prozzi, 1986). Employee can actively engage in concerted
activities to bargain collectively or for mutual protection. Even though employees have protections
under section 7 and 8 of the National Labor Relations Act, those protections are not without limits.
If employee organize a strike or a walk out, these are actions that protected under NLRA (Landry,
2016). The goal of a strike or a walk out is to apply pressure to an employer to correct some unfair
employment practices under the current labor relations laws. A strike also gives the employee
leverage against any form of retaliation for acted in ... Show more content on Helpwriting.net ...
Sometimes employees want to strike however cannot afford the economic losses during the strike
period. When employees are part of a union, the strike is usually more organized and employee
prepare financially for the implications of loss wages. Even though it is unlawful for an employer to
terminate an employee for participation in a strike, how the employee carries the strike is at the heart
of the issue. If a strike is not carried in the correct way, an employer may have legal right to
terminate the employee for cause. In this case, employer make believe the fact both employee came
back to work the next day it was a partial strike. The reason why partial strikes are an unprotected
action is because the law does not want to give the employee the behind have a double benefit from
the NLRA. The changes in the laws the lead to creation of the Labor Management Relations Act (
Holley, Wolters & Ross, 2012). Even though the NLRA was designed to protect the interests of the
employee, there are provisions that balance the interests of employers as well. If an employee wants
to strike the employee must take al the risk of losing complete economic benefit for a period of time.
This case would be need to be settled by the NLRB. This case could actually be settled for either the
employer or employee depending on how the actions of the employees are interrupted. Usually a last
minute decision to strike by employees to protest the unlawful actions of an
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Explain The Multi And Multidisciplinary Nature Of Labour...
The multi– and interdisciplinary nature of labour relations:
Multidisciplinary: involves a combination of different perspectives in approaching a particular field
of study. Each perspective stays unchanged by the interaction of professionals working in a team. In
the field of labour relations different perspectives are viewed from the different labour sections such
as the economics perspective, sociology perspective, industrial psychology and management's
perspective.
Interdisciplinary: considers how different disciplines integrate accordingly. From an
interdisciplinary perspective you can also consider the study of labour relations, new disciplines are
created when ideas and knowledge are blending from various disciplines.
The economist perspective:
Economics concerns ... Show more content on Helpwriting.net ...
There is a fundamental methodology which is done and is known as the stare decises rule which
means 'let the decision stand' meaning that the decision of the courts must be followed. Lawyers
understand the facts and know which decisions to apply as it is what they do.
It's typical to divide employment law into two sections namely individual labour law and collective
labour law. Individual labour law is the main law which involves contractual relationships between
each employee and their employer. Collective labour law is the interaction between groups of
employees and their employers. Both individual and collective labour law focus on the manner in
which disputes are prosecuted and conducted. Labour relations is an important consideration for
society that it is common to find specialist courts and tribunals that only deal with labour
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Globalization and Industrial Relation: Quite Entry of...
GLOBALIZATION AND INDUSTRIAL RELATION: QUITE ENTRY OF LABOUR STANDARD
* M.VENKATALAKSHMI **S.KRISHNAKUMARI
ABSTRACT
To understand the range of Industrial Relation challenge that employers and their organizations are
likely to face in Asia and pacific during the next decade, it is necessary to appreciate the current as
well as historical factors which have shaped and are sharpening such relations in the region. The
early ministerial of WTO invariably found the west demanding core labour standards be brought
under the ambit of trade negotiations. It is tempting to see this as a victory for India since this
country had led the opposition to linking labour standards to trade negotiations. ... Show more
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Over the last decades, the buyers have laid down the laws regarding the standards that are
acceptable and while they were at it they have laid down some environmental standards as well. The
buyers typically insert on a global standard market the SA 8000 that have both labour and
environmental norms.
Involuntary entry of labour standards in India
Historical perspective
Indian industries practice the Industrial Relation and labour standards as per the requirement of the
state and the Central Government. Accordingly, the skills set of employees in the Indian market was
as per the industrial set of the domestic market. Industrial Relation and labour standards are shaped
by the political, economic and cultural context in each country and are reflected in their particular
policies, legal and institutional framework and relationship between Government and social
partners. The quiet, but extremely effective, implementations of the link between the labour
standards and trade in the world market has several implications for the local economy.
As these core standards include minimum wages, a clean working environment, monitoring of
supervisor behavior and setting up of committees to address workers grievances etc.
Impact on Unions
The internationalization of labour standards has also divided into international trade union
movement. Indian trade unionists have been willing
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Impact Of National Industrial Law And Regulation On The...
How have changes to national industrial law and regulation reshaped industrial relations in the
Botswana public service?
Introduction
The issues of industrial relations come from the early times. Today, these issues form part of the day
to day management activities within private, public and all other types of organizations. Week in
week cases are made at industrial courts that related employer employee relations matters. The
statutory instruments such as industrial relations laws, dispute acts, public service acts, disciplinary
hearing procedures, processes and standards to manage the conditions of service between the
employer and employees. Mary Davis reminds the world of some odd scene that took place in 1834,
otherwise commonly ... Show more content on Helpwriting.net ...
Following the establishment of a new government in 1966, the older laws were replaced by the
Trade Unions Act No. 24 of 1969 and the Trade Dispute Act No. 28 of 1969 as well as the
Regulation of Wages and Conditions of Employment Act of 1969. Khama (1972: 14) the existence
of Botswana Trade Union Education Centre will assist greatly in preparing organized labour to
perform this role effectively. As it stands there a number of pieces of legislation set to govern labour
relations. The rights and trade unions and these include: Employment Act 48.01, Trade Unions and
Employers' Organizations Act (CAP 48:01), Trade Disputes Act (Cap 48:02), Workers
Compensation Action and Public Service Act of 2008. These pieces labour relations acts clearly
shows that labour issues are part and parcel of humanity and they are inseparable so long as
employer and employee is part of the world order. During the preindustrial society the Roman
Catholic Church did not condemn wealth, rather taught that the wealthy would care for the less
privileged points out Bendix (2001. p.30). Bendix argue that with the advent of industrialization the
concept of working capital, and thus of capitalism, replaced the notion of private wealth. Today the
difference between capitalism and those who sell labour has not diminished rather the problem is
mounting as the capitalist maximize profits by the day and the labourers getting poorer.
This paper is going to take a journey on how have
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Labour Relation Approach
Labour Relation Approach and Issues Labour relation or what we call industrial relation is the heart
of any industrial system. It is know as the relation between employees and employers of a company.
For a successful growth of business of big or small firm this relation are needed to be smooth and
healthy. Many writers have tried to define labour relation in different ways. Meaning of labour
relation has kept on changing with the change in nature of work, technology and most important
globalization. Before industrialization companies had such environments in which employer played
a major role. They had the power over the employees forcing rules and regulation formed by the
management. Interest of employers was above the interest of ... Show more content on
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Also industry conflicts are the highest in India in terms of loss of work per year due to strikes than
any other country. According to Venkataratnam, 1996 industrial conflicts in 1990 increased both in
public and private sector. This caused multinational and private sector industries to implement
Human Resources Management practise to change traditional union management relations. Later
public sector also adopted this practise. The purpose of this was to open clear communications
system between the management and employees, proper work system with team work, fair pay
system and carefully designed performance appraisal system. Also the role of women in industry has
increased from the time of liberalization. Today males and females work together in the urban cities.
Self Employed Women Association (SEWA) has played an important role in providing home based
work to the women workers for past 20 years. (From:
http://www.ilo.org/public/english/bureau/inst/papers/1999/dp105/index.htm#N_32_). Today India is
on the movement of globalization, privatization, liberalization need is to develop social dialogue for
effective labour relations. Collective bargaining the process involving negotiation and discussion
between the management and labour regarding terms of agreement of employment. The principle of
give and take is used in this practise. In early 20th century collective bargaining and trade unionism
came into existence in India. In India workers working in formal
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Labour Relations
Llewellyn E. Van Zyl 13156217 BSOP 311 Index Nr Page 1.) The Roll Of Trade
Unions.............................................. 2 1.1) Introduction....................................................... 2 1.2)
What Is a Trade Union......................................... 2 1.3) Why Unions Develop in
Society.............................. 3 1.4) Why Do People Join Trade Unions......................... 5 1.5) Functions
Of A Trade Union................................. 6 1.6) What is the Structure of a Trade Union.................... 6
1.7) The Shop Steward.............................................. 8 1.8) Trade Union
Federations....................................... 9 1.8.1) COSATU................................................ 10 1.8.2)
FEDUSA................................................ 10 1.8.3) ... Show more content on Helpwriting.net ...
Consequently, tension, irritation and worker resentment is fostered, no matter how in tune
management is with human needs. Saner & Voelker (1987, p.63) mentioned another primary source
of tension between management and its employees. They stated that tension is also created by the
managerial drive to maintain competitive in the production market. It is this aim, to keep costs as
low as possible during the production process , where as the workers wants more input for less
output this in return fosters a feeling of tension amongst the workers. In small organisations,
problems and grievances are handled as soon as they arise. Because there is more direct contact
between the managers (owners) and fellow employees. They tend to see the manager as a fellow
worker and not as a strict disciplinarian. This, however, differs in large organisations, where
personal contact between management and the employees are sacrificed. In many cases the
supervisor or foreman knows all the people in his department, but in large organisations he is merely
a transmitter of upper management's orders. Red tape in bureaucratic organisations tends to hinder
the process of resolvement of an employee's grievances, and this fosters even more tension within
the employee. Consequently, production decreases and the organisation suffers. Under these
conditions workers becomes dissatisfied with the employment relationship and some form of protest
seems eminent.
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Pc 1003
PC 1003 played an important role in the history of the Canadian Labor. The codes of the order–in–
council PC 1003 created many arguments among many historians. Order–in–council PC 1003 came
into effect on 17 February 1944. It was introduced during the Second World War in Canada by the
Prime Minister William Lyon Mackenzie King. PC 1003 was also known by the Wartime Labor
Relations Order. The codes of the Order–in–council PC 1003 protected the worker's right to
collectively bargain, represent and organize the unions chosen by a majority of the workers. This
order–in–council PC 1003 covered both the federal and the provisional employees. This emergency
law was extended by two years after the Second World War to bring peacetime in the Canadian ...
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Why did the Order–in–council PC 1003 came into effect? During the Second World War, the federal
government declared the state of emergency which made the Canadian government to grant the
Canadians workers the same right as the American workers. It was in 1935 when the industrial
unionism spread to the Canada. In 1937, Canada suffered from the great depression. This depression
brought social unrest and poverty to the working class Canadians. This made the Canadian
government to ignore the hard work of their labourforce for quite long time. "For example, in
November 1939, the federal government introduced PC 3495, which extended the IDIA to all
industries involved in war production." Thus the order–in–council PC 1003 came into effect which
granted the legal basis for the collective bargaining in Canada. The main reason for the Canadian
working class to adapt to the order–in–council PC 1003 was the recognition of the union. There
were many large strikes that took place before the PC 1003 was adopted. One of the significant
strikes was the Winnipeg general strike that the whole world remembers. The cause that led to this
strike was the employers failing to recognize a union and was under no obligation to
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The Dichotomy Between Capitalism And Communism Essay
Economies throughout the world differ along varying lines, with some taking worker oriented
approaches, and others pushing profit and risk into priority. The dichotomy between Capitalism and
Communism throughout the 20th century can lead one to feel that capitalist nations are a unified
front in how they approach economics. This is untrue, as even capitalist nations view the free market
in different forms. Some may view government involvement as a necessity, others as a plague.
American economics have long been dominated by this latter approach, a liberal market approach.
While coordinated economies have gained strides in approval and productivity in recent years,
individuals have claimed the US needs to follow the example. However, as the US most likely will
retain its liberal approach for the time being, one must look at specifics to begin working on to
better both the economy and its people. Therefore, industrial relations, that is, the relation between
workers and their respective companies, comes as the issue that can best be developed to assist the
United States economic status and conditions of its workers. While the American economy stands
out as the most developed and rich in the world, the workers and those contributing to this success
often do not see the success firsthand. Relationships between highly profitable industries and their
workers remain a contested issue, with large corporations such as Wal–Mart being regularly targeted
over unfair wage practices
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Industrial Relations-Labour Laws
A detailed examination of the Jamaican Labour Laws HRNM 6015/ HR67A Industrial Relations and
Negotiations (Semester II: 2013) University of the West Indies Department of Social Sciences An
exploration into whose interest is served by the law and the reality of a class bias. 04–029353
Submitted as partial completion of the requirement for the Masters of Science Degree Human
Resource Development at the UWI (Mona) Introduction Labour law in the Caribbean and Jamaica
in particularly has traditionally been shaped by social, economic and political influences Goolsaran
(2005). Over the past 100 years, its major challenge has been its response to social and political
demands ... Show more content on Helpwriting.net ...
After the abolition of slavery, the resentment which former slaves felt at their exploitation and the
low wages plantation managers were prepared to pay, (which were below what a family could live
on), turned the former plantation workers against work in agriculture. This refusal to continue to
work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or
strike action. Eaton (2002) purports that the industrial relations response by the state, which was
coeval with the mercantile class, co–operated in defeating the workers' protest action by establishing
the indentured labour system, importing workers from China and India to take the place of the freed
slaves. Eaton (2002) stated that the signs were there as there was no doubt that wages were poor,
employment irregular and there were crop failures. Thus the birth of the Jamaica labour movement
began. Kirkaldy (1998) purports that this dates back to the year 1938 following a series of strikes in
Jamaica. Nonetheless Kirkaldy contends that, " there were, however attempts at a combination for
many years prior to that date, but prior to 1919 when the Trade Union Act was passed, unions
operated without the protection of the law. Trade unions in Jamaica as Eaton (2002) describes were
established to include the desire of work–people to protect themselves from the vicissitudes of
employment by collective
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The Kenyan Legal Regime relating to trade dispute...
The Kenyan Legal Regime relating to trade dispute resolution and agenda for reform. A trade
dispute is under section 2 of the Labour relations Act is defined as: a dispute or difference or an
apprehended dispute or difference between employers and employees, between employers and trade
unions or between an employer organization and employees or trade unions, concerning any
employment matter and includes disputes regarding the dismissal, suspension or redundancy of
employees, allocation of work or the recognition of a trade union.1 The causes of industrial disputes
can be broadly classified into two categories: economic and non–economic causes. The economic
causes will include issues relating to compensation like wages, bonus, allowances, ... Show more
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Examples are contained in the Fourth Schedule. They include: water supply services, hospital
services, air traffic control services, civil aviation telecommunications services, fire services of
government or public institutions, ports authority and local government authorities, ferry services;
the strike or lockout is not furthering a trade dispute; Where the strike or lockout constitutes a
sympathetic strike or lockout – this is where the strike or lockout is with the respect to a dispute
where the employer or employee concerned is not a party to the dispute or is not represented by an
employer's organization or trade union that is party to the dispute. If a person participates in a lawful
(protected) strike or lockout, they will not be committing a breach of contract. Section 46 (e) of the
Employment Act provides that an employer may not dismiss an employee or take disciplinary action
against an employee who takes part in a protected strike.6 But an employer is not under an
obligation to remunerate the employee for services that the employee did not provide during the
duration of the strike or lockout. Civil proceedings may not be brought against any person for
participating in a protected strike or lockout. Disputes are bound to occur in every work place
between employers and employees. It is the easiest thing that can take place and it is important that
the proper mechanisms are in place so as to solve trade
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New Forms of Employee Mangement Essay examples
The advent of new forms of employee management, such as HRM, alongside shifting industrial
structures to a service–dominated economy, declining trade union power and influence, political
antipathy towards the union movement, greater individualisation and flexibility in the management
of labour and changing social attitudes have created a more diverse employment landscape.
Employment relations in certain countries changes over time by several factors Conceptual
Framework developed by Frage and Kelly explained the conditions under which certain sets of
variables are more or less successful in explaining attributes of work and employment and in
particular how we can account for change in employment relations. Under the framework, ... Show
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This institution had a significant impact on the development of the employment relations in certain
countries such as impact of World Bank in Asia and South of America. Ideas, Ideologies or
Identities refers to the broad concept the the economic culture of a country, thus to the prevalent
societal ideas on private property, ownership, employment at will, industrial democracy, workers
dignity, justice, privacy, trust or social capital. In view of its focus on enterprise–level business
strategy, it is not surprising that those working in a strategic–choice perspective have devoted little
attention to the role of the state. The focus of strategic–choice research on employment relations at
the enterprise level is represented in Boxall and Purcell (2003) where the close link between Human
Resource Management and business strategies is the major theme. Sources which appear to give
greater weight to the role of the state see it as part of the 'external context' of the firm, rather than an
integral element in the employment relations system (Mabey et al., 1998; Newell and Scarbrough
2002). The increases in management power were themselves a reflection of changes in state
policies, at least in part. In the US the deregulatory policies adopted by successive administrations
undermined the commitment to collective bargaining originally based on the New Deal legislation
of
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The Theory Of Labour Law
Labour Law Essay Introduction Humans strive everyday to obtain wealth and success in the form of
money. Contrary to popular belief money makes the world go around. It is the driving force of every
economy, but for some people, it is more difficult to earn than for others. Many factors are
responsible for the gap in wealth people earn; lack of experience, age and low education are some
reasons as to why it is difficult for some to earn money. There are many people who immigrate from
other countries and are unfamiliar with the foundations of employment. Each individual's situation
is different since everyone has his/her own family background. Some people are fortunate enough to
be born into 'higher–class' families, ... Show more content on Helpwriting.net ...
The Wagner Act then enforced which limited the powers of employers. As a result the Rand Formula
was created to prevent companies from going on strike. It was a method of collective bargaining. In
1960 to 1980 the economy was booming. 15.2 equality was enforced. Workers had man rights and
freedoms but they were all slowly taken away in 1980. The Employment Standards Act created 40–
60 hour weeks with less pay. In Canada's political spectrum NDP is on the far left, The Liberal Party
in the middle and Conservatives on the right. The right wing believes in higher taxes while right
says lower taxes. The right believes were not all equal but should be made equal by taking from the
rich and giving to the poor while the left says no we are all equal, so its their fault if they turn out
poor. The left wing also believes in more of the government running the economy, public business
rather than private ones. People all over the world have fought for their rights and equality in their
place of work for thousands of years now. Slavery was an influencing factor with labour law, dating
back to the Code of Hammurabi (1760 B.C.E). At that time people had no choice but to be forced
into labour, being controlled by slave masters with laws only benefitting the owners controlling the
slaves. Trade Unions were not always allowed in Canada because employers felt the
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Labour Relations Management
What are Industrial Relations?
Industrial relations have become a complex problem of modern society. In order to have industrial
progression and a better economy, it will be impossible to obtain without the cooperation of all
workers coming together to foster a good and harmonious relationship. Therefore, it is the interest of
all people to create and maintain a good relationship between employees and employers, which in
the 1950s, the Dunlop's model was formed and used as a guide to creating and fostering the good
relationships in the industrial society for a better economy in the country.
The Dunlop's model
"One of the significant theories of industrial labour relations was put forth by John Dunlop in the
1950s." (Industrial Relations, ... Show more content on Helpwriting.net ...
National trade Union Congress (NTUC)
The National Trade Union Congress (NTUC) of Singapore comprises different groups of Unions.
These Unions which form the NUTC are of various industries, they are the manufacturing, service
and public sectors. The Objectives of NTUC are to help Singapore stay competitive and to ensure
that employees remain employable for as long as possible.
According to NTUC, when workers in Singapore has work to do and have a stable income, this will
eventually enhance the social status and the well being of the workers. NTUC will then be able to
foster a strong and responsible labour movement. Therefore the vision of the NTUC is to be able to
help all workers despite races, age and nationalities.
In order to adhere to its vision, NTUC also provide skill upgrading workshops and trainings to
workers to ensure they remain employable and the same time increasing productivity in the
companies thus it will also increase the economics of Singapore.
Singapore National Employers Federation (SNEF)
Singapore National Employers Federation (SNEF website, 2010) was form by different groups of
Employers in various industries coming together to help all employers in Singapore to enhance their
productivity in the companies and continue to remain competitiveness in the global market.
By actively working towards its goal, SNEF has helps employers to
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The Relationship Between Employers' Organisations and the...
AN EXAMINATION OF THE RELATIONSHIP BETWEEN EMPLOYERS' ORGANIZATIONS
AND THE STATE IN NIGERIA BY ANYIAM, IJEOMA LUCRETIA DECEMBER 2009
INTRODUCTION According to J.T. Dunlop (1958), an industrial relations system is comprised of
the following actors: * A hierarchy of managers and their representatives in supervision (or
employers and their associations) * A hierarchy of workers and any spokesmen (the workers and
their unions), and * Specialized government agencies (or the state) concerned with workers,
employers and their relationships. Employer's Organizations Employer's organizations as one of the
participants in industrial relations developed quite late in Nigeria, in comparison with the workers'
unions. According to ... Show more content on Helpwriting.net ...
Some of the fundamental economic and social objectives of the Nigerian state include the following:
a) To harness the resources of the nation and promote national prosperity and an efficient, dynamic
and self reliant economy; b) To ensure that suitable and adequate shelter, suitable and adequate food,
reasonable national minimum living wage, old age care and pensions, and unemployment, sick
benefits and welfare of the disabled are provided for all citizens; c) To review from time to time, the
ownership and control of business enterprises operating in Nigeria and make recommendations to
the President on same; d) To ensure that all citizens without discrimination on any group
whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate
opportunity to secure suitable employment; e) To ensure that conditions of work are just and
humane, and that there are adequate facilities for leisure and for social, religious and cultural life; f)
To ensure that health, safety and welfare of all persons in employment are safeguarded and not
endangered or abused; g) To ensure that there adequate medical and health facilities for all persons;
h) To ensure that there is equal pay for equal work without discrimination on account of sex, or on
any other ground whatsoever;
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A Brief Note On The Settlement Of Labour Management Disputes
MACHINERIES FOR THE SETTLEMENT OF LABOUR–MANAGEMENT DISPUTES IN
INDIA: A STUDY Rohit* Introduction: In India,the law relating to labour–management disputes is
known as industrial law. Labour–management disputes are disputes relating to an industry. Prior to
the year 1947, labour–management disputes were being settled under the provisions of the Trade
Disputes Act, 1929. Later, the Industrial Disputes Act, 1947 was enacted to ensure specific justice to
both employers and workmen and to advance the progress of the industry by bringing about
harmony and cordial relationship between the parties. The Industrial Disputes Act, 1947 is an
important social legislation enacted to provide for investigation and settlement of labour–
management Disputes and for maintaining industrial harmony. Objects of the Settlement
Machineries: Some of objectives are as under: 1. To provide for prevention of industrial disputes
through works committees; 2. To analyse the dominating causes of Industrial disputes; 3. To
examine the types of industrial disputes in India; 4. To provide for the settlement of industrial
disputes through a three tier system of Labour Courts, Industrial Tribunals and National Tribunals;
5. To define and prohibit the unfair labour practices. 6. To provide for investigating the industrial
disputes through Court of Inquiry; 7. To provide for payment of compensation in case of lay off,
Retrenchment and Closure; 8. To suggest for improvement.
... Get more on HelpWriting.net ...
Fast Food Industry
Introduction The fast–food industry has been developing rapidly and has successfully penetrated
majority of the markets globally, at the same time bringing about several significant changes in
practices, work and employment relations. Fast–food restaurants are distinguished and characterized
by their inexpensive food products prepared in a standardized method that is dispensed to their
customers quickly and efficiently for takeaway or dine–in and are usually packaged without the
provision of utensils. However, the rapid expansion and proliferation of the industry was not a
smooth transition, instead, it has brought about several controversies and criticisms. Such growth
and success has brought disadvantages to workers' rights, wages and ... Show more content on
Helpwriting.net ...
This is when the pattern of the labour shift to the elderly, as by late 1990s, 40 per cent of all
employees in McDonalds' are elders consisting of housewives or retirees (Royle & Towers, 2002)
and partly because it was illegal for foreign workers to work in fast–food industry. True enough, for
the case of United States, their labour workforce is made up of youth too, as shown in a 1994 study
that almost 70 percent of fast–food workers were 20 years old or younger (Van Giezen, 1) and most
of them have low expectations on their salary, employment benefit and sees their job as temporary
(Leidner, 2002). Similar to Singapore, their labour workforce also consist of elderly as well as
women with children employees that shares the same expectations as that of the youth employees.
This is usually due to their preference for part–time job. Majority also proceed on to other better
jobs as they perceive it to be a temporary one. Thus, we can see that United States have generally a
younger labour force, due to the society's general mindset that a fast–food job is a appropriate first
job experience and the fact that there's no requirement for skilled experienced employees, thus,
displaying the similar traits in the age and type of labour force of the fast–food industry for both
Singapore and United States. On the contrary, the labour workforce differs greatly between
Singapore and Germany. As discussed in
... Get more on HelpWriting.net ...
Similarities And Differences Between South Africa And Kenya
1. Introduction
I have selected to compare the laws in South Africa and Kenya. My analysis includes an explanation
of the laws in each country highlighting differences and similarities. I have then explored how these
laws relate to the functions of Strategic Human Resource management. I have noted throughout how
the laws in these countries have an impact on all areas of Strategic Human resource functions of
recruiting and interviewing, performance appraisal and job enrichment, compensation and benefits,
employee development, health and safety and strategic management.
I have proceeded to discuss whether in my opinion the laws in each country favour the employee,
employer or government as well as discussing what the impacts are of the laws on organizational
ability to employ Human Resource Management principles in the ... Show more content on
Helpwriting.net ...
The wage rates are determined by Wage Councils constituted in accordance with Labour Institutions
Act 2007. The wage councils consist of representation from worker, employee and independent
experts. These members of this council are appointed for a period of three years and are entrusted
with investigating pay and working conditions in any sector and to make recommendations to the
Minister on these matters. Wages are determined for agriculture as well as general sector workers by
the Agricultural and General Wage Councils constituted under the Labour Institutions Act. Based on
the findings of the councils appointed, the minister will then set minimum wage rates. Similar to
South Africa, minimum wages vary by occupational sectors, skill levels and geographical areas. The
wage councils will take various factors into account when determining what the minimum wage
should be. These factors are the needs of the workers, general wage levels of the country as well as
the ability of businesses to carry
... Get more on HelpWriting.net ...

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Employment Relations In The Fast Food Industry Essay

  • 1. Employment Relations In The Fast Food Industry Essay Work and Employment Relations in the Fast Food Industry The fast food industry is expanding globally over the years despite of downturns in national economies. Due to the rapid growth and success of the service, issues such as workers' right, pay levels and conditions of work are often questioned. While fast food industries has expanded globally and become multinational corporations (MNCs),to what extent they are able to impose common employment practices on diverse national systems of labor legislations?(Royle, Towers 2002) This essay shall discuss about the similarities and differences between work and employment relations in the fast food industries. The country that will be discussed is Singapore, Germany and the United States. The ... Show more content on Helpwriting.net ... Trade unions are indeed important for Germans in order to protect their rights , moreover, why they do not need to endure with the poor working conditions and low pay just because they aren't any job available for them in the country? A lot of benefits are provided to the crews in McDonald's Singapore, they are entitled with annual pay bonuses, in–house medical benefits and their starting salaries are slightly higher than the 'market rate'. They are provided with air–conditioned working environment and meals are provided by the restaurant. McDonald's are able to carry out its own HRM programme in Singapore fostering corporate values and discouraging employee resistance and avoiding imposition of collective negotiations and bargaining because the worker has right to either join a trade union or not.(Pereira ,2002). The 'Recruitment and Retention' and the implementation of the company's disciplinary system for instance is a very successful HRM programme. McAunties and McUncles started when McDonald's recruit retirees or housewives that are unwilling to commit in a full–time job yet wanting to fully utilize their time. Since then, alterations are made to the employment relations. All these older crews are able to choose their ... Get more on HelpWriting.net ...
  • 2. Disadvantages Of Trade Unions Unfair Dismissals According to Cant and Van Heerden (2015), the term unfair dismissals is only used in respect of employees of an organisation, it is seen as the protection of employees from unfairly being let go or dismissed. If an employee carries out a task that is set out by the LRA such as a protected strike, they are protected from being unfairly dismissed and would be seen as automatically unfair. Regardless of if the dismissal was fair or unfair, the dismissal still has to follow a certain set of rules, the dismissal should be fair and should relate either to an employer's failure to do the job specifications or relates to the employees lack of benefit to the organisation. An employee who feels that they have been unfairly dismissed must take their issue to the CCMA which was earlier discussed. If the dispute relates to an employee's misconduct or incapability's, the dispute is then forwarded to arbitration. Advantages and Disadvantages of the LRA. Advantages: Disadvantages: Lower turnover costs: According to Chron (2017), in the case of an employee leaving an organisation, there are a lot of costs involved, those being training of new candidate and filling the employees old position, according to Chron (2017), trade unions can help close this threat because they encourage and instil management to employee communication which encourages the employee to work on ways to improve the environment in which they work rather than leaving their job and incurring the manager extra costs. According to Study Room (2017), there are many disadvantages in the labour laws that ASouth Africa follow such as:  Employers may not just dismiss employees at their own convenience, as stated earlier, certain procedures have to be followed to retrench or dismiss an employee.  According to Study Room (2017), a lot of the employers as well as the employees do not respect the act so it cannot be properly carried out in the workplace respectfully. Higher Employee Productivity: According to Chron (2017), it is said that employees who belong to a union work much harder and have higher productivity levels than those who don't belong to a union.  According to Study Room (2017), employers basically cannot stop strikes ... Get more on HelpWriting.net ...
  • 3. Perspectives On The Statutory Requirement Essay PERSPECTIVES ON THE STATUTORY REQUIREMENT TO CONCLUDE COLLECTIVE BARGAINING UNDER EMPLOYMENT RELATIONS ACT 2000 INTRODUCTION The Employment Relations Act 2000 provides a framework for collective bargaining and gives unions its power to arrange better working conditions for union members through collective bargaining. The purpose of this report is to discuss and critique the existing law and proposed change under s 33 of the Employment Relations Act 2000. This report will first discuss perspectives of the political parties in relation to the theoretical perspectives on labour law. Secondly, I will express my own perspective on this matter. Currently, s 33 of the Employment Relations Act 2000 places a legal obligation upon parties' collective agreement to conclude it negotiations. This means that employers must continue to bargain with unions until the collective negotiations has been concluded as a requirement of good faith in employment relationships. This is avoidable only in very limited circumstances where there is a genuine reason. This places employers in a difficult position where they are forced to bargain despite a deadlock. The National Government has taken a unitarist approach to employment law in respect of its proposed bill to abolish the requirement to conclude collective bargaining. National believes it will create more fairness, balance and flexibility in the labour market. On the other hand, the Labour party adopts a pluralist approach by strongly ... Get more on HelpWriting.net ...
  • 4. Aspects of Industrial Relations. Industrial Relations or Labour Relations is an expression used not only for relationships between employers and Trade Unions, but also for those involving Government with the aim of defining policies, facing labour problems. The concept of industrial relations has a very wide meaning and connotation. In the narrow sense, it means that the employer, employee relationship confines itself to the relationship that emerges out of the day to day association of the management and the labour. In its wider sense, industrial relations include the relationship between an employee and an employer in the course of the running of an industry and may project it to spheres, which may transgress to the areas of quality control, marketing, price fixation ... Show more content on Helpwriting.net ... A Trade Union is any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade union .Ellem, (2004). The role of trade unions and their representatives The existence of a strong and recognized trade union is a pre–requisite to industrial peace. Decisions taken through the process of collective bargaining and negotiations between employer and unions are more influential. Trade unions play an important role and are helpful in effective communication between the workers and the management. They provide the advice and support to ensure that the differences of opinion do not turn into major conflicts. The central function of a trade union is to represent people at work. But they also have a wider role in protecting their interests. They also play an important educational role, organizing courses for their members on a wide range of matters. Seeking a healthy and safe working environment is also prominent feature of trade union. Although trade unions look after the interests of their members, they also recognize the advantages of working in partnership with employers. This is because a successful, profitable business is good for workers and therefore good for the union and its ... Get more on HelpWriting.net ...
  • 5. What are Trade Unions? "Trade Unions are not merely economic actors: they are necessarily protagonists in the political arena. Regulating the labour market is a question of power resources. Yet if Unions are inescapably both economic and political actors, the relationship between the two is complex..." A trade Union as defined by the Trade Union and Employers Organisation Act as an organisation the principle object of which includes the regulation of relations between employees and employers or employers organisations. Thus, its objective would necessarily be that of collective bargaining. Collective bargaining deals with the balancing of divergent interests, these being those of the employer to maximise profits and those of the employee of adequate ... Show more content on Helpwriting.net ... I am of the opinion that political affiliation of Trade Unions diminishes the prospects of negotiating in good faith where one party is in better footing than the other. Such good faith can be further diluted by political ambitions to the detriment of workers. A classic example of this is the 2011 Public Service strike where the employer (government), instead of addressing the problems of the day, abused their executive and legislative powers by mandating that some professions that were involved in the strike be included as essential services. This can be interpreted as an order to prevent the said employees from going on an otherwise lawful strike in the event of a deadlock. It is submitted that the actions of the employer were more motivated by its objective to preserve its political existence than by the endeavour to uphold workers' rights. So while section 48 of the TUEOA provides that there is a duty to bargain in good faith , an employer whose opponent is politically laced has no duty to yield to the demands of Trade Unions because of possible the political animosity which is bound to be injurious to the labour force. Article 8 (1) (a) of the International Covenant on Economic, Social and Cultural Rights provides that state parties to the covenant undertake to ensure that trade unions function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests on national ... Get more on HelpWriting.net ...
  • 6. The Pros And Cons Of Trade Unions? What are trade unions? We hear about them all the time and yet very few people know about them and what they have to offer. A trade union, also known as a labour unions, are organizations of workers who have chosen to unite together to be able to achieve common goals such as protecting the integrity of its trade, achieving well deserved higher pay, increasing the number of employees an employer hires and obtain better working conditions. Through its leadership, the trade union is able to bargain with the employer on behalf of members and negotiate labour contracts with the employer. The well known purpose of such associations is to maintain or improve the conditions of their employment. This can include the negotiation of wages, work rules, ... Show more content on Helpwriting.net ... In the face of continuing government intransigence, the two groups are now working closely together in the vanguard of a broad coalition of forces seeking to introduce a multiparty system. Together with the Swaziland National Association of Teachers, the SFL and SFTU agreed in March to set up a Labour Coordinating Council with a joint national executive committee and secretariat to further bind them together. The unions are also working with churches, banned political parties, NGOs, human rights groups and even, on occasion, the employers' federation in a broad coalition to demand change. Although Swaziland has banned political parties, the law does allow for labour to organize and form unions. The country has ratified all eight International Labour Organization conventions, and the workers have legal rights to collective bargaining and strikes. However, there are restrictions – unions must represent 50 percent of employees in a work place to be automatically recognized; if not recognition depends on the employer. Procedures for announcing a strike can last up to 74 days, and voting procedures on strike action are complex, making legal strikes virtually impossible to organize. There is legal redress at an Industrial Court, which is generally viewed as effective and impartial by unions and ... Get more on HelpWriting.net ...
  • 7. Employment Law Essay Introduction In many countries the state's role in employment relations is not something that can be ignored. The state, which is characterized by a set of institutions made of the executive, legislature, the judiciary, the local government and the police, is a system of political domination that exercises power with the legitimate usage of violence, money supply and taxation. The presence of the state in any aspect of life of its citizens is pervasive, whether it is through macroeconomic policies or its role as an employer or even through legislation. In the capitalist world we live in today the state cannot be left out in any aspect pertaining to its citizens. The state (government) is applying policies on the basis that other ... Show more content on Helpwriting.net ... It influences this relationship directly through legislation, courts to solve disputes and also as an employer. Indirect influence on the other hand is seen when the state is providing important contexts. These may be engagement rules in relations among them, legitimacy and acceptability boundaries, setting climate and priorities in relations of the employees, employing 'best practice' in employees relations and acting as an example (Ozaki, 1999). The state has specific objectives and interests in employee relations like maintaining stability and order in the labour market, protecting employees at work when there are no alternatives, maintaining the bargaining power parity between the main parties, controlling inflation and earnings through income policies, maintaining economic growths and ensuring that its citizens acquire skills through education to reduces the unemployment levels. The state is able to achieve this through its various roles i.e. as a peacemaker, as a pace setter, as an economic manager, as legislature and as an employer. That state had in recent years performed different roles in different countries, particularly in the provision of institutionalized structure for the joint relationship between the trade unions and the workers, and employers and their ambassadors to enhance a bipartite relationship. However, majority of nations have an account of significant and vital involvement of the state, and ... Get more on HelpWriting.net ...
  • 8. collective bargaining PeCOP Journal of Social and Management Sciences Collective Bargaining Dr Isaac Chaneta University of Zimbabwe – Harare, Zimbabwe Dr Isaac Chaneta Collective Bargaining Dr Isaac Chaneta Unionism: Good or Bad for Productitivity Dr Isaac Chaneta Employee Welfare 1 PeCOP Journal of Social and Management Sciences Collective Bargaining Dr Isaac Chaneta University of Zimbabwe – Harare, Zimbabwe Abstract Collective bargaining is concerned with the relations between employers acting through their management representatives and organized labour. It is concerned not only with the negotiation of a formal labour agreement but also with the day– to– day dealings between management and the union. Because the management ... Show more content on Helpwriting.net ... Collective agreements may also address the rules for future bargaining, where this is not covered by obligations under the legislation governing collective bargaining. 2. The outcomes of collective bargaining are not always clear, or predictable: negotiation is a contradictory process involving adversarial role and compromises and accommodation will depend upon a number of factors such as external environmental factors including the state of the economy, the nature of the good or service market, the state of the labour market or the prior history of relationships between the parties. In addition, the success of negotiating tactics will depend upon the skills of individuals , the perceptions of party principals about the strengths of the other party and the employment of other, industrial action outside the negotiations. 3. Collective bargaining systems rely upon the parties bargaining in good faith. This is usually guaranteed by collective legislation. 4. Third party intervention occurs only after the parties reach an impasse in negotiations. Conciliation and arbitration either may be determined by the parties in earlier agreements or be provided by established state institutions. The later has been the case in Australia where the Industrial Relations Commission's principal conciliation or arbitration is possible under most collective bargaining law in western market ... Get more on HelpWriting.net ...
  • 9. Labor Relations In Labour Relations Labor Relations Labour relations refers to the relations between employee and employers. They are affected by certain factors, including the labor market, collective bargaining, labor organization, government policies, economy conditions, labor law and technological change. Since industrial relations are frequently associated with unions, it is important that in Canada, until the 1970s, a larger piece of unions and union individuals had a place with American–based specialty and mechanical unions. The incidences of the strike have raised a lot in North American labor relations. The latest one is Ontario college teacher's strike which was the longest college strike in Ontario history. Developing a labor relation plan Labor relation plan is a study and practice of managing unionized employment situation and work relations to distinguish the objectives in labor relations wanted by work or administration, separately or together; to decide the methodology expected to achieve those objectives, and to build up the activities expected to do that system. An important professional association for Canada labor relations scholar's and practitioners is the labor and employment relation association. All labor legislation weather it's federal or provincial has certain features in common: fair employment practices wages and work hours vacations and holidays maternity benefits and sick leave employee safety job and income security industrial relations regulations UNION ... Get more on HelpWriting.net ...
  • 10. Employment Relations Between Japan & Singapore This essay aims to compare the industrial relations in both Singapore and Japan. It will first indentify both countries industrial relation system, whether it is unitarist, pluralist or radical. It will then touch on the various aspects in the industrial relation system: trade unions, system to resolving industrial conflicts, wages related policies and discrimination at work. In addition, it will look at the policy of lifetime employment and seniority in wages, policies which Japan companies have been well–known for adopting. This essay will then conclude and summary, to what extend are both system similar or different, after comparing the various aspects as listed above. Industrial relations refer to the relationship between employers, ... Show more content on Helpwriting.net ... Rengo's affiliations are mostly trade unions of large corporations, or trade unions of medium and small enterprises. Zenroren's affiliations, on the other hand, are mostly small trade unions in large firms or trade unions in small and medium enterprises (Aida 2002). Each of these national trade union centres comprises of different members, thus their focus on protecting the interest of their members can be quite different. Despite the harmonious nature of Japanese people, there are still conflicts that cannot be resolved within the enterprise union and the firm. Most of these unresolved conflicts occur because many firms are conducting restructuring and retrenchment during this period of economic uncertainty. When these conflicts happen, they can approach the local government mediation body to help conciliate and make a decision. Most decisions made are generally accepted; however, should the conflicts still exist, they can opt for arbitration in the Labour Tribunal System, or legislation in court. For arbitration, the judges involved are tripartite in nature: 1 professional judge, 1 union representative and 1 employer representative. All 3 judges must have professional knowledge and experience in labour issues, and there are no more than 3 hearings, verdict based on majority. If the verdict is rejected by either party, they may proceed to legislation (Elbo 2004). Singapore employs a very ... Get more on HelpWriting.net ...
  • 11. Labour and Industrial Relations LABOUR AND INDUSTRIAL RELATIONS MISCONDUCT INTRODUCTION Misconduct could be a serious offence titled to be an unacceptable behavior by an employee or professional person. Misconduct can lead either to be a major or minor offence depending on the offence made by the person. In a misconduct case, the basic ruling is that the employer must prove beyond any doubt that the employee is guilty of the offence. Taking this into view it must be understood that the employee does not need to prove his innocence but the employer need to prove his guilt. Decision making is the back bone behind any business activity. Without decisions, nothing moves and business leaders tasked with making them need the right information to ensure they are taking the right type of action. SULNAYAH MOHD ISA V. SEKOLAH KANAK–KANAK PEKAK SELANGOR & ANOR [1999] Case laws have defined the meaning of misconduct to be any conduct on the part of employee which is inconsistent with the faithful discharge of his duties, or any breach of the express or implied duties of an employee towards his employer. It is also known as a form of improper behaviour or an intentional wrongdoing or a deliberate violation of a rule or standard of behaviour. In the case of Sulnayah Mohd Isa v. Sekolah Kanak–Kanak Pekak Selangor & Anor [1999] 6 CLJ 234 and 235 where the High Court decided inter alia: An employer cannot terminate the services of a worker during her probationary period. However, a dismissal could be effected ... Get more on HelpWriting.net ...
  • 12. The Strike Of The Labour Relations Act Section 1 of the Labour Relations Act, "defines "a strike as a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow–down or other concerted activity on the part of employees designed to restrict or limit output". According to the "Labour Relations Act" the strikes are legal only if some preconditions are met such as the collective agreement must have expired, a strike vote must have been held and 50% of the members are in favour of the strike, and a conciliation officer must have been appointed. All the employees covered under the Labour Relations Act are not lawfully permitted to strike. For example, hospitals, nursing homes and Toronto Transit Commission do not have the right to strike. Some departments like fire fighters and police are not subject to the law that was discussed above and have their own legislations If a union is not obeying the law then a strike can be charged as illegal and the participants are subject to discipline. The employer can request the board for cease immediately and if the orders are disobeyed, then a court order can occur. The breech of court orders can result in fines and jail sentences and employers can also sue the individuals or unions for any damages that may occur. Furthermore, union leaders can be charged and held responsible for the consequences of the strike. Considering the differences of legal and illegal strike, as discussed ... Get more on HelpWriting.net ...
  • 13. Disadvantages Of Industrial Relations "Living in an advancing technological age" when hearing this statement the first thing that come to mind is what is the technological age we are living in? Technological age or the information age as its also called is a period of time in which information became easily accessible through publications and through the manipulation of information by technology which comes in the form of computers and computer networks, and information being any useful data, instruction, or meaningful content. (Freedictionary.com).When examining the term industrial relations it can be separated into two sub categories industry and relations. Industry according to vocabulary.com is a group of manufactures or businesses that produce a particular kind of goods or services and relations would refer to the ... Show more content on Helpwriting.net ... The assets are fully used, subsequently in the maximum possible production. There is continuous flow of revenue for all. Declining in Industrial Differences – Good industrial relations diminishes the industrial disagreements. Clashes are replications of the failure of rudimentary human impulses or stimuli to secure adequate gratification or manifestation which are fully treated by good industrial relations. Strikes, lockouts, go–slow tactics, grievances are specifics of the likenesses of industrial turmoil which do not transpire in an environment of industrial peace. It aids in helping co–operation and growing production. High optimism – Good industrial relations increase the confidence of the workers. Employees work with great enthusiasm with the feeling in mind that the interest of businesses and workers is one and the same. All workers thinks that he is a co–owner of the advantages of industry. Thorough harmony of thought and action is the chief accomplishment of industrial ... Get more on HelpWriting.net ...
  • 14. Industrial Relations Conceptual Framework of Employment Relations UNIT 2 EVOLUTION OF INDUSTRIAL RELATIONS AND CURRENT DEVELOPMENTS Objectives After going through this unit, you should be able to: l l explain the historical perspective of industrial relations in India; appreciate the impact of globalisation, technological changes, and other forces on industrial relations; identify the issues and challenges confronting industrial relations in India. l Structure 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Introduction Industrial Relations in India Government's Role Current Developments Industrial Relations Scenario Issues and Challenges Summary Self–Assessment Questions Further Readings 2.1 INTRODUCTION In order to understand the issues and problems associated ... Show more content on Helpwriting.net ... The close of the First World War gave a new twist to the labour policy, as it created certain social, economic and political conditions that raised new hopes among the people for a new social order. There was intense labour unrest because workers' earnings did not keep pace with the rise in prices and with their aspirations. The constitutional developments in India led to the election of representatives to the Central and Provincial legislatures who took a leading role in initiating social legislation. The establishment of International Labour Organisation (ILO) in 1919 greatly influenced the labour legislation and industrial relations policy in India. The emergence of trade unions in India, particularly the formation of All India Trade Union Congress (AITUC) in 1920 was another significant event in the history of industrial relations in our country. Second Phase: The policy after the First World War related to improvement in the working conditions and provision of social security benefits. During the two decades following the war, a number of laws were enacted for the implementation of the above policy. The Trade Disputes Act, 1929 sought to provide a conciliation machinery to bring about peaceful settlement of disputes. The Royal Commission on Labour (192931) made a comprehensive survey of labour problems in India, particularly the working conditions in the context of health, safety, and welfare of the workers and made certain recommendations of ... Get more on HelpWriting.net ...
  • 15. The Bargaining Council: The Functions Of The Bargaining... Collective Bargaining. Collective bargaining structures. Bargaining councils. Bargaining councils are the statutory successors to the industrial councils that existed under the 1956 LRA, restyled and revamped to cater for new potential membership and function. The primary function of bargaining councils, like their predecessors, is to regulate relations between management and labour in the sectors of employment over which they have jurisdiction by concluding collective agreements, and to settle disputes between parties falling within their registered scope. Bargaining councils conclude the collective agreement. A bargaining council thus has a peace–keeping function. Parties to the council may, of course negotiate all matters mutual interest .They are accordingly not confined to negotiate wage increases and other conditions of employment, but can negotiate a number of other issues, such as dispute resolution procedures and the threshold of representativeness in respect of certain organisational rights. Should parties conclude a collective agreement in ... Show more content on Helpwriting.net ... Collective Agreements are concluded to give effect to these matters. Such agreements may also be extended to non–parties and the provision for the extension of agreement concluded in a bargaining council are mutatis mutandis applicable. Collective bargaining is not expressed in the act as a function of the statutory councils. However, provision is made in section 43 for the constitution of a statutory council to be adapted so that it includes any of the functions of a bargaining council, including the conclusion of collective agreements in general. The provisions relating to collective agreements are then applicable to such ... Get more on HelpWriting.net ...
  • 16. How Trade Unions Changed Since The 1980's MGTS2607 Essay What is meant by employer militancy? How have employer actions towards trade unions changed since the end of the 1980's? Why have Australian employers undertaken this change of approach? Student: Samantha Freeman Student Number: 41022715 Tutor: Dr Tom Bramble Due Date: 16th September 2008 WORD COUNT: 1,900 This essay will answer the three essay questions put forward. Firstly, it will briefly explain what is meant by employer militancy. It will outline the main features of the aggressive approach adopted by employers in their relations with trade unions since the 1980's. Secondly, this essay will describe the changes in employer actions towards unions. It will outline the different phases that have ... Show more content on Helpwriting.net ... These ammendents included, among other things, the introduction of a non–union/collective bargaining system in the form of Enterprise Flexibility Agreements. The intention of the 1993 Industrial Relations Reform Act, for example, was to make enterprise bargaining the main process for determining wages and other conditions of employment. Awards continued to provide effective regulation for employees who were not enjoying the benefits of enterprise bargaining, even if award wages rose slowly and fell well behind wage increases in enterprise agreements (Bray etc al, 2006). The Business Council of Australia's strong support for enterprise bargaining and for a weakened role for arbitration tribunals gradually became the mainstream position among most Australian employers, even among those who had previously supported centralized bargaining (Thornthwaite and Sheldon, 1996). This was the first time in history, in which the unions were excluded from having any involvement in all forms of agreement in relations to employment conditions in the federal jurisdiction. It was at the time of this introduction that it became evident that these agreements would allow employers to begin to de–unionise their operations and to accelerate their move towards a non–union status. The most radical industrial relations reforms of the past 20 or so years was brought in soon after the election of the Howard government in 1996. Whilst ... Get more on HelpWriting.net ...
  • 17. Socio-Economic Inequality in South Africa is Due to the... Socio–economic inequality in South Africa is due to the institutionalised ideological mismatch regarding labour and economic policy Economic growth is shaped by policy context and promoted most effectively when it is consistent with either liberal market or co–ordinated market ideal type varieties of Capitalism. Policy inconsistency dampers economic growth post–apartheid South Africa attempted to adopt a social– democratic and co–ordinated variety of Capitalism. This failed due to the adoption of macro– economic neo–liberal policies. Organised labour protected labour market policies which lead to policy inconsistencies with regard to trade liberalisation. Trade liberalisation combined with labour market protection leads to unemployment. ... Show more content on Helpwriting.net ... A social democratic or coordinated variety of capitalism seemed like South Africa's destiny. CME– type coordinated wage setting seemed realistic and major effort was put into developing regional and national–level social democratic institutions. Organised business and labour agreed to discuss the impact of labour relations on the economy. National Economic Development and Labour Council (NEDLAC) According to the leading business representative " Nedlac was intended to inaugurate a new era of inclusive consensus–seeking and ultimately decision making in the economic and social arenas" (Parsons 2007, 9). Nedlac failed. The first obstacle was the fact that peak– level business organisation was racially divided which made national coordination impossible. BSA turned into BUSA and from it emerged BBC. The second blunder came from government when they only referred some economic policies to Nedlac. The post–apartheid Labour relations act was negotiated in Nedlac before it went to parliament; sadly they neglected to send the 1996 "Growth Employment and Redistribution (GEAR)" macro–economic framework through Nedlac. Even though it would curb government spending, enhance private investment and liberalise aspects of the labour laws to promote job creation, it was still met with great public condemnation ... Get more on HelpWriting.net ...
  • 18. Industrial Relations-Labour Laws A detailed examination of the Jamaican Labour Laws HRNM 6015/ HR67A Industrial Relations and Negotiations (Semester II: 2013) University of the West Indies Department of Social Sciences An exploration into whose interest is served by the law and the reality of a class bias. 04–029353 Submitted as partial completion of the requirement for the Masters of Science Degree Human Resource Development at the UWI (Mona) Introduction Labour law in the Caribbean and Jamaica in particularly has traditionally been shaped by social, economic and political influences Goolsaran (2005). Over the past 100 years, its major challenge has been its response to social and political demands for workers' rights, justice and democracy ... Show more content on Helpwriting.net ... The law essentially provided for the registration of trade unions, outlining certain requirements about their rules, trusteeship, accounts, amalgamation, dissolution and the filing of annual financial statements to a Registrar. The law however, unlike its counterpart British law at the time, did not give the right to "peaceful picketing or the common law disability of action in tort whereby trade unions could be sued for damages in consequence of strike action was not removed by the Trade Union Law in Jamaica." Conventional wisdom even at that time is that this omission was not accidental, and the expressions by the then Governor of Jamaica on that occasion were the Jamaican workers were not ready for trade unionism, acted as confirmation. (Henry 1982). Provisions of the Act The Act provides for the registration of trade unions and identifies enactments which shall not apply to trade unions. It provides for ownership of land by registered trade unions.
  • 19. It provides for the appointment of trustees and their empowerment to bring and defend actions and prosecutions. It provides for the setting up of a registered office to which all ... Get more on HelpWriting.net ...
  • 20. Types of Unemployment, Labour Relations, Trade Unions in... 1.1) Unemployment– it occurs when a person who is actively seeking and searching for employment but is unable to find work. Types of unemployed are frictional unemployment, structural unemployment, and cyclical unemployment 1.2.1) BRICS–Brazil, Russia, India, China, South Africa .This countries represent the 5 declaration of countries. 1.2.2) the purpose of BRICS is to let countries interact with each other. The involvement of globalisation among countries is important. South Africa produces mineral which contribute a lot to the BRICS resources. They must engage functionally on their variable approaches to economic development, in detail the balance accorded to markets set against the state. 1.3) The unemployment rate rose to 25.6% ... Show more content on Helpwriting.net ... We could solve unemployment, shortage of housing and create an industry that contributes to our GDP. Government should create solar power station whereby we save energy and job creation for citizens living in the country Question2 2.1) John Dunlop's theory to labour relations is viewed from various angles which may range from the economic to the social, political to the legal, psychological and managerial. The interaction and relationship between workers, managers and government and this creates the set of rules of the workplace or the principles of the system. Within the labour relation environment the actors who are the labour union, managers and government organizations interact with each other, negotiate and use economic power in the method of determining rules that constitute the output of the industrial relations system. The system operates within technology, product markets as well as the distribution or power in society 2.2)Tripartism is the Department which promotes social dialogue, sound industrial relations and the adoption or reform of labour law in accordance with international labour standards Bipartism . Tripartite is a process where all individual parties operate opposite each other. Bipartite is the process whereby the employer ... Get more on HelpWriting.net ...
  • 21. Statutory Councils STATUTORY COUNCILS Labour Relations Act 28 of 1956 includes as one of the aims of the Act, the prevention and settlement of disputes between employers and employees. Industrial councils were the primary institution for collective bargaining; generally they were system that involved a form of centralised bargaining in a particular industry or segment of an industry (Alan Rycroft, Barney Jordaan, 1992:146) Industrial councils consisted of representatives from one or more employer parties and one or more employee parties who as a whole enjoy representation on the council. Statutory councils were formed as a result of a compromise between government and big unions to satisfy the governments fear that the bargaining council system would not ... Show more content on Helpwriting.net ... 2) A statutory council, in terms of its constitution, may agree to the inclusion of any of the other functions of a bargaining council referred to in section 28. 3) If a statutory council concludes a collective agreement in terms of subsection (1)(d), the provisions of sections 31 , 32 and 33 apply, read with the changes required by the context. 4) a) From the date on which the Labour Relations Amendment Act, 1998, comes in to operation, the provisions of the laws relating to pension, provident or medical aid schemes or funds must be complied with in establishing any pension, provident or medical aid scheme or fund in terms of subsection (1)(c). b) The provisions of the laws relating to pension, provident or medical aid schemes or funds will apply in relation to any pension, provident or medical aid scheme or fund established in terms of subsection (1)(c) after the coming into operation of the Labour Relations Amendment Act, 1998. Statutory council may extend its powers and functions to include any functions of a bargaining council. They are allowed to this by concluding a collective agreement. However, a Statutory Council has ... Get more on HelpWriting.net ...
  • 22. Labour Relation Act Assignement Course: Principles of Human Resource Management Section: Industrial Relations Assignment: Individual Assignment Question 1 How employee can be dismissed for poor performance In today's work environment it is important that the employees meet the competitiveness of their organisation's market locally and globally. To have employees that are not performers (Dead Woods) can cost the company an arm and a leg. Poor performers can cost companies a lot of money, not only due to service but due to mistakes they make. More over dealing with them take up a significant part of management time. Most organisations do not have a system that addresses, and deal away with poor performers openly and honestly. In these sections we will be looking at ... Show more content on Helpwriting.net ... 2. Was the rule or standard valid or reasonable 3. Was the employee aware, or could reasonable be expected to be aware of the rule or standard 4. Did you apply the rule or standard consistently 5. Was the dismissal an appropriate sanction for the contravention? If all the steps above have been followed, it is assuring that the dismissal will be substantially fair Poor performance infringement must be dealt with via a process of more than one to three warnings at progressively higher levels of severity, depending on the adherence or compliance of the infringement. The warning accumulated on a progressive basis can culminate in a disciplinary hearing and a possible dismissal. In the case of poor performance only the infringement of the similar kind accumulated in the line of progression stand a reason to a discipline. The standard generic corrective procedure to be followed 1. Make sure that the infringement occurred and has been committed by the employee in question, that is to have a proof that the employee under performed 2. Meet privately with the employee and explain the poor performance, ensuring the employee understands and making summarised notes of the entire corrective meeting discussion 3. Give the employee the opportunity at the meeting to put his reasons for poor performance 4. Carefully consider the his reason for poor performance and decide on the facts and balances of probability as at to wether the employee is guilty or not 5. ... Get more on HelpWriting.net ...
  • 23. Presentation And Case Study Analysis Presentation & Case Study Analysis Jade van Heerden Business Studies Term 1 2016 Table of Content: Topic Pg No. Part 2 1–4 Part 3 5–7 Reference list 8 Glossary 9 Rough work (including articles) 10–end 2. Written report on primary research On Friday the 13th of February I interviewed the Liquor Store Manager from Makro Springfield, Babs Moodley. Babs informed me on information regarding Labour Relations and incidents involving employees and the CCMA. He also offered insight into organisational structures and methods they use to problem solve employee grievances. With regards to problems in the workplace the managers identify the problems that employees are encountering and attempt to solve them in a fair manner for both parties. If problems are not solved internally then 3rd party mediation is needed. An incident occurred with an employee that received a gift from a supplier and was later on fired due to the strict policies at Massmart. This case was taken to the CCMA and is currently still under investigation. Babs informed me that the CCMA was very helpful and efficient when trying to resolve labour disputes for both parties. Makro is involved in numerous cases with the CCMA every month. Recently 10 employees were retrenched and Massmart is now under investigation for unlawful dismissal. He also stressed that in most cases the CCMA protect the rights of employees but often don't have a strong case against Massmart ... Get more on HelpWriting.net ...
  • 24. National Labour Relations Act In Section 7 National Labor Relations Act in section 7 give all employees protection of concercted activities the employee is a member of a union or not (Prozzi, 1986). Employee can actively engage in concerted activities to bargain collectively or for mutual protection. Even though employees have protections under section 7 and 8 of the National Labor Relations Act, those protections are not without limits. If employee organize a strike or a walk out, these are actions that protected under NLRA (Landry, 2016). The goal of a strike or a walk out is to apply pressure to an employer to correct some unfair employment practices under the current labor relations laws. A strike also gives the employee leverage against any form of retaliation for acted in ... Show more content on Helpwriting.net ... Sometimes employees want to strike however cannot afford the economic losses during the strike period. When employees are part of a union, the strike is usually more organized and employee prepare financially for the implications of loss wages. Even though it is unlawful for an employer to terminate an employee for participation in a strike, how the employee carries the strike is at the heart of the issue. If a strike is not carried in the correct way, an employer may have legal right to terminate the employee for cause. In this case, employer make believe the fact both employee came back to work the next day it was a partial strike. The reason why partial strikes are an unprotected action is because the law does not want to give the employee the behind have a double benefit from the NLRA. The changes in the laws the lead to creation of the Labor Management Relations Act ( Holley, Wolters & Ross, 2012). Even though the NLRA was designed to protect the interests of the employee, there are provisions that balance the interests of employers as well. If an employee wants to strike the employee must take al the risk of losing complete economic benefit for a period of time. This case would be need to be settled by the NLRB. This case could actually be settled for either the employer or employee depending on how the actions of the employees are interrupted. Usually a last minute decision to strike by employees to protest the unlawful actions of an ... Get more on HelpWriting.net ...
  • 25. Explain The Multi And Multidisciplinary Nature Of Labour... The multi– and interdisciplinary nature of labour relations: Multidisciplinary: involves a combination of different perspectives in approaching a particular field of study. Each perspective stays unchanged by the interaction of professionals working in a team. In the field of labour relations different perspectives are viewed from the different labour sections such as the economics perspective, sociology perspective, industrial psychology and management's perspective. Interdisciplinary: considers how different disciplines integrate accordingly. From an interdisciplinary perspective you can also consider the study of labour relations, new disciplines are created when ideas and knowledge are blending from various disciplines. The economist perspective: Economics concerns ... Show more content on Helpwriting.net ... There is a fundamental methodology which is done and is known as the stare decises rule which means 'let the decision stand' meaning that the decision of the courts must be followed. Lawyers understand the facts and know which decisions to apply as it is what they do. It's typical to divide employment law into two sections namely individual labour law and collective labour law. Individual labour law is the main law which involves contractual relationships between each employee and their employer. Collective labour law is the interaction between groups of employees and their employers. Both individual and collective labour law focus on the manner in which disputes are prosecuted and conducted. Labour relations is an important consideration for society that it is common to find specialist courts and tribunals that only deal with labour ... Get more on HelpWriting.net ...
  • 26. Globalization and Industrial Relation: Quite Entry of... GLOBALIZATION AND INDUSTRIAL RELATION: QUITE ENTRY OF LABOUR STANDARD * M.VENKATALAKSHMI **S.KRISHNAKUMARI ABSTRACT To understand the range of Industrial Relation challenge that employers and their organizations are likely to face in Asia and pacific during the next decade, it is necessary to appreciate the current as well as historical factors which have shaped and are sharpening such relations in the region. The early ministerial of WTO invariably found the west demanding core labour standards be brought under the ambit of trade negotiations. It is tempting to see this as a victory for India since this country had led the opposition to linking labour standards to trade negotiations. ... Show more content on Helpwriting.net ... Over the last decades, the buyers have laid down the laws regarding the standards that are acceptable and while they were at it they have laid down some environmental standards as well. The buyers typically insert on a global standard market the SA 8000 that have both labour and environmental norms. Involuntary entry of labour standards in India Historical perspective Indian industries practice the Industrial Relation and labour standards as per the requirement of the state and the Central Government. Accordingly, the skills set of employees in the Indian market was as per the industrial set of the domestic market. Industrial Relation and labour standards are shaped by the political, economic and cultural context in each country and are reflected in their particular policies, legal and institutional framework and relationship between Government and social partners. The quiet, but extremely effective, implementations of the link between the labour standards and trade in the world market has several implications for the local economy. As these core standards include minimum wages, a clean working environment, monitoring of supervisor behavior and setting up of committees to address workers grievances etc. Impact on Unions
  • 27. The internationalization of labour standards has also divided into international trade union movement. Indian trade unionists have been willing ... Get more on HelpWriting.net ...
  • 28. Impact Of National Industrial Law And Regulation On The... How have changes to national industrial law and regulation reshaped industrial relations in the Botswana public service? Introduction The issues of industrial relations come from the early times. Today, these issues form part of the day to day management activities within private, public and all other types of organizations. Week in week cases are made at industrial courts that related employer employee relations matters. The statutory instruments such as industrial relations laws, dispute acts, public service acts, disciplinary hearing procedures, processes and standards to manage the conditions of service between the employer and employees. Mary Davis reminds the world of some odd scene that took place in 1834, otherwise commonly ... Show more content on Helpwriting.net ... Following the establishment of a new government in 1966, the older laws were replaced by the Trade Unions Act No. 24 of 1969 and the Trade Dispute Act No. 28 of 1969 as well as the Regulation of Wages and Conditions of Employment Act of 1969. Khama (1972: 14) the existence of Botswana Trade Union Education Centre will assist greatly in preparing organized labour to perform this role effectively. As it stands there a number of pieces of legislation set to govern labour relations. The rights and trade unions and these include: Employment Act 48.01, Trade Unions and Employers' Organizations Act (CAP 48:01), Trade Disputes Act (Cap 48:02), Workers Compensation Action and Public Service Act of 2008. These pieces labour relations acts clearly shows that labour issues are part and parcel of humanity and they are inseparable so long as employer and employee is part of the world order. During the preindustrial society the Roman Catholic Church did not condemn wealth, rather taught that the wealthy would care for the less privileged points out Bendix (2001. p.30). Bendix argue that with the advent of industrialization the concept of working capital, and thus of capitalism, replaced the notion of private wealth. Today the difference between capitalism and those who sell labour has not diminished rather the problem is mounting as the capitalist maximize profits by the day and the labourers getting poorer. This paper is going to take a journey on how have ... Get more on HelpWriting.net ...
  • 29. Labour Relation Approach Labour Relation Approach and Issues Labour relation or what we call industrial relation is the heart of any industrial system. It is know as the relation between employees and employers of a company. For a successful growth of business of big or small firm this relation are needed to be smooth and healthy. Many writers have tried to define labour relation in different ways. Meaning of labour relation has kept on changing with the change in nature of work, technology and most important globalization. Before industrialization companies had such environments in which employer played a major role. They had the power over the employees forcing rules and regulation formed by the management. Interest of employers was above the interest of ... Show more content on Helpwriting.net ... Also industry conflicts are the highest in India in terms of loss of work per year due to strikes than any other country. According to Venkataratnam, 1996 industrial conflicts in 1990 increased both in public and private sector. This caused multinational and private sector industries to implement Human Resources Management practise to change traditional union management relations. Later public sector also adopted this practise. The purpose of this was to open clear communications system between the management and employees, proper work system with team work, fair pay system and carefully designed performance appraisal system. Also the role of women in industry has increased from the time of liberalization. Today males and females work together in the urban cities. Self Employed Women Association (SEWA) has played an important role in providing home based work to the women workers for past 20 years. (From: http://www.ilo.org/public/english/bureau/inst/papers/1999/dp105/index.htm#N_32_). Today India is on the movement of globalization, privatization, liberalization need is to develop social dialogue for effective labour relations. Collective bargaining the process involving negotiation and discussion between the management and labour regarding terms of agreement of employment. The principle of give and take is used in this practise. In early 20th century collective bargaining and trade unionism came into existence in India. In India workers working in formal ... Get more on HelpWriting.net ...
  • 30. Labour Relations Llewellyn E. Van Zyl 13156217 BSOP 311 Index Nr Page 1.) The Roll Of Trade Unions.............................................. 2 1.1) Introduction....................................................... 2 1.2) What Is a Trade Union......................................... 2 1.3) Why Unions Develop in Society.............................. 3 1.4) Why Do People Join Trade Unions......................... 5 1.5) Functions Of A Trade Union................................. 6 1.6) What is the Structure of a Trade Union.................... 6 1.7) The Shop Steward.............................................. 8 1.8) Trade Union Federations....................................... 9 1.8.1) COSATU................................................ 10 1.8.2) FEDUSA................................................ 10 1.8.3) ... Show more content on Helpwriting.net ... Consequently, tension, irritation and worker resentment is fostered, no matter how in tune management is with human needs. Saner & Voelker (1987, p.63) mentioned another primary source of tension between management and its employees. They stated that tension is also created by the managerial drive to maintain competitive in the production market. It is this aim, to keep costs as low as possible during the production process , where as the workers wants more input for less output this in return fosters a feeling of tension amongst the workers. In small organisations, problems and grievances are handled as soon as they arise. Because there is more direct contact between the managers (owners) and fellow employees. They tend to see the manager as a fellow worker and not as a strict disciplinarian. This, however, differs in large organisations, where personal contact between management and the employees are sacrificed. In many cases the supervisor or foreman knows all the people in his department, but in large organisations he is merely a transmitter of upper management's orders. Red tape in bureaucratic organisations tends to hinder the process of resolvement of an employee's grievances, and this fosters even more tension within the employee. Consequently, production decreases and the organisation suffers. Under these conditions workers becomes dissatisfied with the employment relationship and some form of protest seems eminent. ... Get more on HelpWriting.net ...
  • 31. Pc 1003 PC 1003 played an important role in the history of the Canadian Labor. The codes of the order–in– council PC 1003 created many arguments among many historians. Order–in–council PC 1003 came into effect on 17 February 1944. It was introduced during the Second World War in Canada by the Prime Minister William Lyon Mackenzie King. PC 1003 was also known by the Wartime Labor Relations Order. The codes of the Order–in–council PC 1003 protected the worker's right to collectively bargain, represent and organize the unions chosen by a majority of the workers. This order–in–council PC 1003 covered both the federal and the provisional employees. This emergency law was extended by two years after the Second World War to bring peacetime in the Canadian ... Show more content on Helpwriting.net ... Why did the Order–in–council PC 1003 came into effect? During the Second World War, the federal government declared the state of emergency which made the Canadian government to grant the Canadians workers the same right as the American workers. It was in 1935 when the industrial unionism spread to the Canada. In 1937, Canada suffered from the great depression. This depression brought social unrest and poverty to the working class Canadians. This made the Canadian government to ignore the hard work of their labourforce for quite long time. "For example, in November 1939, the federal government introduced PC 3495, which extended the IDIA to all industries involved in war production." Thus the order–in–council PC 1003 came into effect which granted the legal basis for the collective bargaining in Canada. The main reason for the Canadian working class to adapt to the order–in–council PC 1003 was the recognition of the union. There were many large strikes that took place before the PC 1003 was adopted. One of the significant strikes was the Winnipeg general strike that the whole world remembers. The cause that led to this strike was the employers failing to recognize a union and was under no obligation to ... Get more on HelpWriting.net ...
  • 32. The Dichotomy Between Capitalism And Communism Essay Economies throughout the world differ along varying lines, with some taking worker oriented approaches, and others pushing profit and risk into priority. The dichotomy between Capitalism and Communism throughout the 20th century can lead one to feel that capitalist nations are a unified front in how they approach economics. This is untrue, as even capitalist nations view the free market in different forms. Some may view government involvement as a necessity, others as a plague. American economics have long been dominated by this latter approach, a liberal market approach. While coordinated economies have gained strides in approval and productivity in recent years, individuals have claimed the US needs to follow the example. However, as the US most likely will retain its liberal approach for the time being, one must look at specifics to begin working on to better both the economy and its people. Therefore, industrial relations, that is, the relation between workers and their respective companies, comes as the issue that can best be developed to assist the United States economic status and conditions of its workers. While the American economy stands out as the most developed and rich in the world, the workers and those contributing to this success often do not see the success firsthand. Relationships between highly profitable industries and their workers remain a contested issue, with large corporations such as Wal–Mart being regularly targeted over unfair wage practices ... Get more on HelpWriting.net ...
  • 33. Industrial Relations-Labour Laws A detailed examination of the Jamaican Labour Laws HRNM 6015/ HR67A Industrial Relations and Negotiations (Semester II: 2013) University of the West Indies Department of Social Sciences An exploration into whose interest is served by the law and the reality of a class bias. 04–029353 Submitted as partial completion of the requirement for the Masters of Science Degree Human Resource Development at the UWI (Mona) Introduction Labour law in the Caribbean and Jamaica in particularly has traditionally been shaped by social, economic and political influences Goolsaran (2005). Over the past 100 years, its major challenge has been its response to social and political demands ... Show more content on Helpwriting.net ... After the abolition of slavery, the resentment which former slaves felt at their exploitation and the low wages plantation managers were prepared to pay, (which were below what a family could live on), turned the former plantation workers against work in agriculture. This refusal to continue to work on the plantations became, in an industrial relations context, the first "withdrawal of labour" or strike action. Eaton (2002) purports that the industrial relations response by the state, which was coeval with the mercantile class, co–operated in defeating the workers' protest action by establishing the indentured labour system, importing workers from China and India to take the place of the freed slaves. Eaton (2002) stated that the signs were there as there was no doubt that wages were poor, employment irregular and there were crop failures. Thus the birth of the Jamaica labour movement began. Kirkaldy (1998) purports that this dates back to the year 1938 following a series of strikes in Jamaica. Nonetheless Kirkaldy contends that, " there were, however attempts at a combination for many years prior to that date, but prior to 1919 when the Trade Union Act was passed, unions operated without the protection of the law. Trade unions in Jamaica as Eaton (2002) describes were established to include the desire of work–people to protect themselves from the vicissitudes of employment by collective ... Get more on HelpWriting.net ...
  • 34. The Kenyan Legal Regime relating to trade dispute... The Kenyan Legal Regime relating to trade dispute resolution and agenda for reform. A trade dispute is under section 2 of the Labour relations Act is defined as: a dispute or difference or an apprehended dispute or difference between employers and employees, between employers and trade unions or between an employer organization and employees or trade unions, concerning any employment matter and includes disputes regarding the dismissal, suspension or redundancy of employees, allocation of work or the recognition of a trade union.1 The causes of industrial disputes can be broadly classified into two categories: economic and non–economic causes. The economic causes will include issues relating to compensation like wages, bonus, allowances, ... Show more content on Helpwriting.net ... Examples are contained in the Fourth Schedule. They include: water supply services, hospital services, air traffic control services, civil aviation telecommunications services, fire services of government or public institutions, ports authority and local government authorities, ferry services; the strike or lockout is not furthering a trade dispute; Where the strike or lockout constitutes a sympathetic strike or lockout – this is where the strike or lockout is with the respect to a dispute where the employer or employee concerned is not a party to the dispute or is not represented by an employer's organization or trade union that is party to the dispute. If a person participates in a lawful (protected) strike or lockout, they will not be committing a breach of contract. Section 46 (e) of the Employment Act provides that an employer may not dismiss an employee or take disciplinary action against an employee who takes part in a protected strike.6 But an employer is not under an obligation to remunerate the employee for services that the employee did not provide during the duration of the strike or lockout. Civil proceedings may not be brought against any person for participating in a protected strike or lockout. Disputes are bound to occur in every work place between employers and employees. It is the easiest thing that can take place and it is important that the proper mechanisms are in place so as to solve trade ... Get more on HelpWriting.net ...
  • 35. New Forms of Employee Mangement Essay examples The advent of new forms of employee management, such as HRM, alongside shifting industrial structures to a service–dominated economy, declining trade union power and influence, political antipathy towards the union movement, greater individualisation and flexibility in the management of labour and changing social attitudes have created a more diverse employment landscape. Employment relations in certain countries changes over time by several factors Conceptual Framework developed by Frage and Kelly explained the conditions under which certain sets of variables are more or less successful in explaining attributes of work and employment and in particular how we can account for change in employment relations. Under the framework, ... Show more content on Helpwriting.net ... This institution had a significant impact on the development of the employment relations in certain countries such as impact of World Bank in Asia and South of America. Ideas, Ideologies or Identities refers to the broad concept the the economic culture of a country, thus to the prevalent societal ideas on private property, ownership, employment at will, industrial democracy, workers dignity, justice, privacy, trust or social capital. In view of its focus on enterprise–level business strategy, it is not surprising that those working in a strategic–choice perspective have devoted little attention to the role of the state. The focus of strategic–choice research on employment relations at the enterprise level is represented in Boxall and Purcell (2003) where the close link between Human Resource Management and business strategies is the major theme. Sources which appear to give greater weight to the role of the state see it as part of the 'external context' of the firm, rather than an integral element in the employment relations system (Mabey et al., 1998; Newell and Scarbrough 2002). The increases in management power were themselves a reflection of changes in state policies, at least in part. In the US the deregulatory policies adopted by successive administrations undermined the commitment to collective bargaining originally based on the New Deal legislation of ... Get more on HelpWriting.net ...
  • 36. The Theory Of Labour Law Labour Law Essay Introduction Humans strive everyday to obtain wealth and success in the form of money. Contrary to popular belief money makes the world go around. It is the driving force of every economy, but for some people, it is more difficult to earn than for others. Many factors are responsible for the gap in wealth people earn; lack of experience, age and low education are some reasons as to why it is difficult for some to earn money. There are many people who immigrate from other countries and are unfamiliar with the foundations of employment. Each individual's situation is different since everyone has his/her own family background. Some people are fortunate enough to be born into 'higher–class' families, ... Show more content on Helpwriting.net ... The Wagner Act then enforced which limited the powers of employers. As a result the Rand Formula was created to prevent companies from going on strike. It was a method of collective bargaining. In 1960 to 1980 the economy was booming. 15.2 equality was enforced. Workers had man rights and freedoms but they were all slowly taken away in 1980. The Employment Standards Act created 40– 60 hour weeks with less pay. In Canada's political spectrum NDP is on the far left, The Liberal Party in the middle and Conservatives on the right. The right wing believes in higher taxes while right says lower taxes. The right believes were not all equal but should be made equal by taking from the rich and giving to the poor while the left says no we are all equal, so its their fault if they turn out poor. The left wing also believes in more of the government running the economy, public business rather than private ones. People all over the world have fought for their rights and equality in their place of work for thousands of years now. Slavery was an influencing factor with labour law, dating back to the Code of Hammurabi (1760 B.C.E). At that time people had no choice but to be forced into labour, being controlled by slave masters with laws only benefitting the owners controlling the slaves. Trade Unions were not always allowed in Canada because employers felt the ... Get more on HelpWriting.net ...
  • 37. Labour Relations Management What are Industrial Relations? Industrial relations have become a complex problem of modern society. In order to have industrial progression and a better economy, it will be impossible to obtain without the cooperation of all workers coming together to foster a good and harmonious relationship. Therefore, it is the interest of all people to create and maintain a good relationship between employees and employers, which in the 1950s, the Dunlop's model was formed and used as a guide to creating and fostering the good relationships in the industrial society for a better economy in the country. The Dunlop's model "One of the significant theories of industrial labour relations was put forth by John Dunlop in the 1950s." (Industrial Relations, ... Show more content on Helpwriting.net ... National trade Union Congress (NTUC) The National Trade Union Congress (NTUC) of Singapore comprises different groups of Unions. These Unions which form the NUTC are of various industries, they are the manufacturing, service and public sectors. The Objectives of NTUC are to help Singapore stay competitive and to ensure that employees remain employable for as long as possible. According to NTUC, when workers in Singapore has work to do and have a stable income, this will eventually enhance the social status and the well being of the workers. NTUC will then be able to foster a strong and responsible labour movement. Therefore the vision of the NTUC is to be able to help all workers despite races, age and nationalities. In order to adhere to its vision, NTUC also provide skill upgrading workshops and trainings to workers to ensure they remain employable and the same time increasing productivity in the companies thus it will also increase the economics of Singapore. Singapore National Employers Federation (SNEF) Singapore National Employers Federation (SNEF website, 2010) was form by different groups of Employers in various industries coming together to help all employers in Singapore to enhance their productivity in the companies and continue to remain competitiveness in the global market. By actively working towards its goal, SNEF has helps employers to ... Get more on HelpWriting.net ...
  • 38. The Relationship Between Employers' Organisations and the... AN EXAMINATION OF THE RELATIONSHIP BETWEEN EMPLOYERS' ORGANIZATIONS AND THE STATE IN NIGERIA BY ANYIAM, IJEOMA LUCRETIA DECEMBER 2009 INTRODUCTION According to J.T. Dunlop (1958), an industrial relations system is comprised of the following actors: * A hierarchy of managers and their representatives in supervision (or employers and their associations) * A hierarchy of workers and any spokesmen (the workers and their unions), and * Specialized government agencies (or the state) concerned with workers, employers and their relationships. Employer's Organizations Employer's organizations as one of the participants in industrial relations developed quite late in Nigeria, in comparison with the workers' unions. According to ... Show more content on Helpwriting.net ... Some of the fundamental economic and social objectives of the Nigerian state include the following: a) To harness the resources of the nation and promote national prosperity and an efficient, dynamic and self reliant economy; b) To ensure that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens; c) To review from time to time, the ownership and control of business enterprises operating in Nigeria and make recommendations to the President on same; d) To ensure that all citizens without discrimination on any group whatsoever, have the opportunity for securing adequate means of livelihood as well as adequate opportunity to secure suitable employment; e) To ensure that conditions of work are just and humane, and that there are adequate facilities for leisure and for social, religious and cultural life; f) To ensure that health, safety and welfare of all persons in employment are safeguarded and not endangered or abused; g) To ensure that there adequate medical and health facilities for all persons; h) To ensure that there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever; ... Get more on HelpWriting.net ...
  • 39. A Brief Note On The Settlement Of Labour Management Disputes MACHINERIES FOR THE SETTLEMENT OF LABOUR–MANAGEMENT DISPUTES IN INDIA: A STUDY Rohit* Introduction: In India,the law relating to labour–management disputes is known as industrial law. Labour–management disputes are disputes relating to an industry. Prior to the year 1947, labour–management disputes were being settled under the provisions of the Trade Disputes Act, 1929. Later, the Industrial Disputes Act, 1947 was enacted to ensure specific justice to both employers and workmen and to advance the progress of the industry by bringing about harmony and cordial relationship between the parties. The Industrial Disputes Act, 1947 is an important social legislation enacted to provide for investigation and settlement of labour– management Disputes and for maintaining industrial harmony. Objects of the Settlement Machineries: Some of objectives are as under: 1. To provide for prevention of industrial disputes through works committees; 2. To analyse the dominating causes of Industrial disputes; 3. To examine the types of industrial disputes in India; 4. To provide for the settlement of industrial disputes through a three tier system of Labour Courts, Industrial Tribunals and National Tribunals; 5. To define and prohibit the unfair labour practices. 6. To provide for investigating the industrial disputes through Court of Inquiry; 7. To provide for payment of compensation in case of lay off, Retrenchment and Closure; 8. To suggest for improvement. ... Get more on HelpWriting.net ...
  • 40. Fast Food Industry Introduction The fast–food industry has been developing rapidly and has successfully penetrated majority of the markets globally, at the same time bringing about several significant changes in practices, work and employment relations. Fast–food restaurants are distinguished and characterized by their inexpensive food products prepared in a standardized method that is dispensed to their customers quickly and efficiently for takeaway or dine–in and are usually packaged without the provision of utensils. However, the rapid expansion and proliferation of the industry was not a smooth transition, instead, it has brought about several controversies and criticisms. Such growth and success has brought disadvantages to workers' rights, wages and ... Show more content on Helpwriting.net ... This is when the pattern of the labour shift to the elderly, as by late 1990s, 40 per cent of all employees in McDonalds' are elders consisting of housewives or retirees (Royle & Towers, 2002) and partly because it was illegal for foreign workers to work in fast–food industry. True enough, for the case of United States, their labour workforce is made up of youth too, as shown in a 1994 study that almost 70 percent of fast–food workers were 20 years old or younger (Van Giezen, 1) and most of them have low expectations on their salary, employment benefit and sees their job as temporary (Leidner, 2002). Similar to Singapore, their labour workforce also consist of elderly as well as women with children employees that shares the same expectations as that of the youth employees. This is usually due to their preference for part–time job. Majority also proceed on to other better jobs as they perceive it to be a temporary one. Thus, we can see that United States have generally a younger labour force, due to the society's general mindset that a fast–food job is a appropriate first job experience and the fact that there's no requirement for skilled experienced employees, thus, displaying the similar traits in the age and type of labour force of the fast–food industry for both Singapore and United States. On the contrary, the labour workforce differs greatly between Singapore and Germany. As discussed in ... Get more on HelpWriting.net ...
  • 41. Similarities And Differences Between South Africa And Kenya 1. Introduction I have selected to compare the laws in South Africa and Kenya. My analysis includes an explanation of the laws in each country highlighting differences and similarities. I have then explored how these laws relate to the functions of Strategic Human Resource management. I have noted throughout how the laws in these countries have an impact on all areas of Strategic Human resource functions of recruiting and interviewing, performance appraisal and job enrichment, compensation and benefits, employee development, health and safety and strategic management. I have proceeded to discuss whether in my opinion the laws in each country favour the employee, employer or government as well as discussing what the impacts are of the laws on organizational ability to employ Human Resource Management principles in the ... Show more content on Helpwriting.net ... The wage rates are determined by Wage Councils constituted in accordance with Labour Institutions Act 2007. The wage councils consist of representation from worker, employee and independent experts. These members of this council are appointed for a period of three years and are entrusted with investigating pay and working conditions in any sector and to make recommendations to the Minister on these matters. Wages are determined for agriculture as well as general sector workers by the Agricultural and General Wage Councils constituted under the Labour Institutions Act. Based on the findings of the councils appointed, the minister will then set minimum wage rates. Similar to South Africa, minimum wages vary by occupational sectors, skill levels and geographical areas. The wage councils will take various factors into account when determining what the minimum wage should be. These factors are the needs of the workers, general wage levels of the country as well as the ability of businesses to carry ... Get more on HelpWriting.net ...