...Labor Relations Labor management relations has become one of the most delicate and complex problems of modern industrial society. Labor management progress is impossible without cooperation of labors and harmonious relationships. Therefore, it is in the interest of all to create and maintain good relations between employees (labor) and employers (management). The term ‘Labor management Relations’ comprises of two terms: ‘Labor’ and ‘Relations’. “Labor” refers to “any productive activity in which an individual (or a group of individuals) is (are) engaged”. By “relations” we mean “the relationships that exist within the industry between the employer and his workmen.” The term labor management relations explains the relationship between employees and management which stem directly or indirectly from union-employer relationship. Background Information Our history of industrial relations is one of oppression from the owner’s/employers’ part. Our industrial relations date back to the 60’s of the 18th century when rail lines were established here for the first time. The workers had to endure colonial suppression and the employers main concern was their own profits-not the workers well being. Laborers were treated as animals. Any sort of objection raised on part of the labors could be faced with death in the hands of the owners. Reflections of this trend are still visible in contemporary Bangladesh. The labour law system is more than a century old in Bangladesh. The first labour...
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...Table of Contents Resolution of Industrial Conflict/Conciliation and Arbitration ............................................... 2 Introduction ................................................................................................................................. 2 The nature of conciliation and arbitration and mediation ........................................................... 2 The grievance machinery ............................................................................................................ 4 The Labour Relations Code & The Industrial Disputes Tribunal (IDT) ..................................... 5 Litigation ..................................................................................................................................... 6 Module 8 ........................................................................................................................................ 8 Industrial Relations and the Future ............................................................................................ 8 Globalization - competition and industrial relations ................................................................... 8 The 21st century and trade unions............................................................................................... 8 Pay and working conditions ........................................................................................................ 9 Time flexibility.................................
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...Form Search Terms: Bottom of Form You are here: Eurofound > EIROnline > 2004 > 11 > Industrial relations in Japan 2003-4My Eurofound: Login or Sign Up Industrial relations in Japan 2003-4 This record reviews 2003-4's main developments in industrial relations in Japan, and focuses on the topical issues of migration and pensions reform. Economic developments In 2003, Japan's GDP fell by 0.1% over 2002 in nominal terms, but increased by 2.5% in real terms, which significantly exceeded the real growth rate in 2002 (a fall of 0.3%). Private demand, especially private capital investment, showed significant growth of 9.3% (after a fall of 7.2% in 2002). Due to the recovery in overseas economic conditions, Japan's exports also rose by 10.1%, exceeding the 2002 level (8.0%). On the other hand, private final consumption expenditure remained virtually flat in 2003, with only 0.8% growth on the preceding year's level (0.9%). Conversely, public demand shrank by 2.1% (due to a reduction in public works). According to the Cabinet Office's 2004 'Annual Report on Japanese economy and public finance/economic survey of Japan', Japan's economic growth in 2003 can be attributed to: i) increased private demand; ii) improvements in corporate financial positions through reduction of excessive debt and employment; and iii) the brisk performance of Japan's stronger industrial sectors, such as digital consumer electronics. Japan's economic recovery trend steadily pegged back the...
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...Singapore is intended to highlight Singapore‟s industrial relations system in general and, in particular, the extent to which industrial relations actors, social institutions and legislation are aligned through social and labour policies to create a sustainable climate of industrial peace and harmony that helps maintain the City State‟s global competitiveness. This analysis of Singapore‟s success story is part of a comparative study of national systems of tripartism and social dialogue, intended to cull good practices that may be adapted and adopted in other countries of the region. iii iv Contents Foreword iii 1. Singapore’s Labour Force, Labour Institutions and Key Labour Laws Singapore’s labour force and employment in brief Trade union membership Labour institutions Ministry of Manpower Industrial Arbitration Court Trade unions Singapore National Employers Federation Key labour laws and collective bargaining The Employment Act The Industrial Relations Act The Trade Unions Act The Trade Disputes Act The collective bargaining process (enterprise level) Disputes settlement through conciliation and arbitration 1 1 2 2 3 4 4 5 5 5 7 8 8 10 11 2. Tripartite Social Dialogue Bodies 13 3. Tripartism and Social Dialogue National Wages Council Central Provident Fund Tripartism: success stories Employment of older workers Productivity movement Workers’ training Industrial peace and harmony with social justice Other tripartite...
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...self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law. The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth. RIGHT TO SELF-ORGANIZATION What is Right to Self-organization? All persons employed in commercial, industrial and agricultural enterprises and in religious, charitable, medical or educational...
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...Current Status and Evolution of Industrial Relations System in Bangladesh Dr Abdullah Al Faruque Dr. Abdullah Al Faruque is an Associate Professor and Chairman, Department of Law, University of Chittagong, Bangladesh. Dr. Faruque is a Commonwealth Scholar and holds a PhD from University of Dundee. He is a specialist in labour law, petroleum contracts and environmental regulation. An author of a book, Dr. Faruque has also written several articles in reputed law journals both in Bangladesh and abroad. Copyright © International Labour Organization 2009 First published 2009 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to the ILO Publications Bureau (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T4LP/ [Fax: +44 (0)20 7631 5500; email: cla@cla.co.uk], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1)978 750 4470; email: info@copyright.com], or in other countries with associated Reproduction Rights Organizations, may take...
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...labour-management relations in the Laws of Manu; Latin American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. None of these can be regarded as more than anticipations, with only limited influence on subsequent developments. Labour law as it is known today is essentially the child of successive industrial from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenment, the French Revolution, and the political forces that they set in motion were creating the elements of the modern social conscience. It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The first landmark of modern labour law was the British Health and Morals of Apprentices Act of 1802, sponsored by the elder Sir Robert Peel. Similar legislation for the protection of the young was adopted in Zürich in 1815 and in France in 1841. By 1848 the first legal limitation of the working hours of adults was adopted by the Landsgemeinde (citizens’ assembly) of the Swiss canton of Glarus. Sickness insurance and...
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...Economics Available online at www.managementjournal.info RESEARCH ARTICLE Industrial Relations System as a Factor of Tripartite Consultation Influencing the Performance of State Corporations in Kenya Nzioki S*, Mukulu E Department of Human Resource Management, School of Human Resource Development, Jomo Kenyatta University of Agriculture and Technology (JKUAT), Kenya. *Corresponding Author: Email: sknzioki@yahoo.com Abstract The study sought to establish the effect of Industrial relations system in Kenya on the performance of state corporations. Methodology: Data was obtained through a descriptive design involving 279 employees both unionized and non-unionized of state corporations in Nairobi County. A structured questionnaire with likert scale questions was used to collect data from the selected subjects of the study. Interviews were also conducted with human resource managers/ employee relations officers, shop floor union officials, officers of the Ministry of Labour, officers of Federation of Kenya Employers (FKE), officers of Central Organizations of Trade Unions, Kenya. The study used the Dunlop’s systems model credited with the application of the systems approach to Industrial Relations (IR). The model explains the input acquisition, input transformation, output and feedback to explain the process of Kenyan Industrial Relations System. Finding: The study found that there existed a prescribed Industrial Relations System in Kenya, but its adherence had been faced with a lot of...
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...individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the Industrial Relations system, which is dictated by “context”- economic, social and otherwise; “ideology” – political; and power. Rosemarie Antoine’s argument supports the latter as she believes the ideological construct law which is evident in labour law reflects society’s core beliefs of social organization and equity. They also described the “Actors” in the employment relationship (employees’...
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...1 Introductions The concept of industrial relations has a wide meaning. The expression industrial relations by itself means relationship that emerges out of day-to-day working and association of labour and management. But when taken in its wider sense, it includes ‘the relation between an employee and an employer in the course of running of an industry’. Actors in the IR system Three main parties are directly involved in industrial relations: Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and fire them. Management can also affect workers’ interests by exercising their right to relocate, close or merge the factory or to introduce technological changes. Employees: Workers seek to improve the terms and conditions of their employment. They exchange views with management and voice their grievances. They also want to share decision making powers of management. Workers generally unite to form unions against the management and get support from these unions. Government: The Government influences and regulates industrial relations through laws, rules, agreements, it also includes third parties and labor and tribunal courts. 1.2 Definition The Oxford Dictionary defines industrial relations (IR) as the "interaction between employers, employees, and the government; and the institutions and associations through which such interactions are mediated." Sometimes treated as the equivalent of labor relations, industrial relations considers the impact of...
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...Electronic surveillance in the workplace Electronic Surveillance in the Workplace: Concerns for Employees and Challenges for Privacy Advocates Anna Johnston and Myra Cheng Paper delivered 28 November 2002 International Conference on Personal Data Protection Hosted by Personal Information Dispute Mediation Committee, Korea Information Security Agency Seoul, Korea Ms Anna Johnston is the NSW Deputy Privacy Commissioner. Ms Myra Cheng is a Research & Policy Officer with Privacy NSW, the Office of the NSW Privacy Commissioner. The authors gratefully acknowledge the assistance of Dr Ben Searle, Macquarie University, in providing an overview of the relevant literature from the field of organisational psychology. Introduction This paper takes up the challenge of talking about privacy in the workplace - a site of potential conflict in which there may be co-existing radically different views on whether workers can or should have any expectations of privacy. As long as there has been employment, employees have been monitored. Nebeker D M & B C Tatum, "The effects of computer monitoring, standards and rewards on work performance, job satisfaction and stress" (1993) 23(7) Journal of Applied Social Psychology 508 at 508. However, in recent years, with an environment of affordable technology, the availability of less easily observable or detectable monitoring devices, and a lack of adequate regulation, there has been an explosion in the use of electronic monitoring...
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...India Classification of labour laws in India Overview of important labour laws in India a) Apprentices Act, 1961 29 36 51 of 55 b) Employees State Insurance Act, 1948 c) Employees Provident Fund And Misc. Provisions Act, 1952 Employment Exchanges (Compulsory Notification d) The Vacancies) Act, 1959 e) f) g) Factories Act, 1948 Industrial Disputes Act, 1947 Labour Laws (Exemption From Furnishing Returns & Maintaining Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 i) j) Payment of Gratuity Act, 1972 Workmen’s Compensation Act, 1923 83 87 91 58 74 80 1 k) l) The Trade Unions Act, 1926 Shops and Establishment Act, 1954 97 101 104 118 129 132 135 144 147 151 157 172 177 179 180 186 190 m) Laws related to wages n) Laws related to child labour o) Law related to contract labour p) Maternity Benefit Act, 1961 5. 6. 7. 8. 9. Checklist of labour law compliance Unfair labour practice Labour laws in the unorganized sector Women labour and the Law Industrial relations 10. Special points to be noted while drafting Employment Agreement 11. Important case laws under various labour legislations 12. Important organizations 13. Authorities under the labour law in India 14. Labour legislations across the world 15. Bibliography 16. Annexure a) Agreements between employee and employer 192 196 b) Agreement for reference of disputes to arbitration 2 1. INTRODUCTION Labour law also known as employment law is the body of laws, administrative...
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...and the Federal Court are superior courts, while the Magistrates Court and the Sessions Court are subordinate courts. After 23 June 1994 till today: Comparisons between Supreme Courts and Subordinate Courts Superiors Court Subordinate Courts 1. They are established under Article 121 of the Federal Constitution. 2. Their jurisdiction and powers are governed by the Courts of Judicature Act 1964 (Act 91)(Revised 1972)(CJA 1964). 3. They have unlimited jurisdiction. 1. They are established by and derive their jurisdiction and powers from the Subordinate Courts Act 1948 (Act 92)(Revised 1972)(SCA 1948). 2. They are generally subject to the control and supervision of the superior courts. 3. They have limited and prescribed jurisdiction. Jurisdiction of superior courts Federal Court (FC) The FC is vested with an original, advisory and appellate jurisdiction, as explained below: 1. Original : It means the case is heard here first. The cases are vested in FC exclusive original jurisdiction under Art.128(1), which are regarding the validity of federal and state laws, and disputes on any other question between states or between the Federation and any States:s82 CJA 1964. It also exercises a consultative jurisdiction when it is necessary. 2. Referral: When a question as to the effect of any provision of the Constitution arises in a proceeding before another court, the Federal Court has jurisdiction to determine the question and remit the case to the other court to be...
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...WEBSITES: DRT Cases • DRTC is the only Journal available, devoted exclusively to DRT cases. • DRTC published in monthly parts provides in full text, the most systemic access to cases by the Supreme Court, High Courts, DRAT & DRT’s. • DRTC is a current record of the latest substantive cases on the DRT Auction Sale, Bank & Customer, Banking Frauds, Cheating, Banking relating to Companies, Partner-ship, Proprietorship, Central & Financial Corporation Act, Dishonour of Cheques, Debt Laws, Embezzle-ment, Hypo-thecation. Interest Act, Selected cases under Banking Regulation Act, Negotiable Instruments Act, BIFR, AAIFR, MRTP Commissions, SEBI, SICA, State Recoveries of Dues Act and several Allied Act making this an essential reading for Practitioners, Financial Institutions, Banks, Corporate Sector wth an invaluable reference source of developments in matters related to the above topics. • Fast access to information. • Each issue contains up to 20 decisions with full text every Judgment. • Almost all reportable / non-reportable judgements, decisions delivered by Debt Recovery Appellate Tribunals and DRT’s. • Cases are clearly presented ith catch words and concise head notes summarizing the judgments clearly and accurately. • Cross – references are given to other major legal decisions delivered by the Supreme Court & various High Courts. Accurate Case Reporting of land mark case, with topical Index, Subject Index & Important Law Point and the background of the case, the judgement...
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...State: (a) To promote and emphasize the primacy of free collective bargaining and negotiations, including voluntary arbitration, mediation and conciliation, as modes of settling labor or industrial disputes; (b) To promote free trade unionism as an instrument for the enhancement of democracy and the promotion of social justice and development; (c) To foster the free and voluntary organization of a strong and united labor movement; (d) To promote the enlightenment of workers concerning their rights and obligations as union members and as employees; (e) To provide an adequate administrative machinery for the expeditious settlement of labor or industrial disputes; (f) To ensure a stable but dynamic and just industrial peace; and (g) To ensure the participation of workers in decision and policy-making processes affecting their rights, duties and welfare. B. To encourage a truly democratic method of regulating the relations between the employers and employees by means of agreements freely entered into through collective bargaining, no court or administrative agency or official shall have the power to set or fix wages, rates of pay, hours of work or other terms and conditions of employment, except as otherwise provided under this Code. (As amended by Section 3, Republic Act No. 6715, March 21, 1989). Chapter II DEFINITIONS Article. 212. Definitions. - (a) "Commission" means the National Labor Relations Commission or any of its divisions, as the case may...
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