...Resource Ministry in the industrial relations is: • To protect the welfare of the employees-safety, and rights • To promote good employer-employee relationship through a stable and peaceful Industrial Relations system • To equip the unemployed with basic industrial skills and to improve the skill level of the workforce • To assist in maximizing country’s manpower resources through manpower planning • Department of Labour, Peninsular Malaysia, Sabah and Sarawak-enforces Employment Act 1955, Workmen’s Compensation Act 1952, Wages Council Act 1947, Young Persons Act 1966, Employment Restriction Act 1968 and Workers Minimum Standards of Housing & Amenities Act 1990. It also settles disputes between employers and employee over payment/non-payment of wages, retrenchment and retirement benefits. The parties’ involved in the industrial relations system comprises many agency and department as follows: • Department of Industrial Relations –administers Industrial Relations Act 1967 and attempts...
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...MERITS OF CORPORATE PERSONALITY A corporate person (s) is a separate legal business entity created under state laws by an owner or group of owners who become initial shareholders. According to Sec. 3 (1) (ii) of the Companies Act, 1956; a company means a business entity formed and registered under the Companies Act, 1956 or any of the preceding Acts. A Company comes into existence only by registration under the Act, which can be termed as incorporation. Thus, a company is a legal person. The primary advantage of a corporate form of business is that a corporation is a stand-alone entity, which means you are not personally liable for the assets and debts of the business. Incorporating protects your personal assets from lawsuits, debt collection and other business issues that can arise. Other merits of a corporate personality are as follows: 1) Independent corporate existence- the outstanding feature of a company is its independent corporate existence. By registration under the Companies Act, a company becomes vested with corporate personality, which is independent of, and distinct from its members. A company is a legal person. The decision of the House of Lords in Salomon v. Salomon & Co. Ltd. (1897 AC 22) is an authority on this principle: It was argued on behalf of the unsecured creditors that, though the co was incorporated, it never had an independent existence. It was S himself trading under another name, but the House of Lords held Salomon & Co. Ltd. must...
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...MalysiaINTRODUCTION Trade Union is an organization whose membership consists of workers and union leaders, united to protect and promote their common interests. The principal purposes of a labor union are to negotiate wages and working condition terms, regulate relations between workers (its members) and the employer, take collective action to enforce the terms of collective bargaining, raise new demands on behalf of its members, and help settle their grievances. A trade union may also be a company union that represents interests of only one company and may not have any connection with other unions. It is general union that represents workers from several companies in the same industry also known as industrial union. To explain more trade unions is a craft union that represents skilled workers in a particular field such as carpentry or welding. There are a number of labor laws in Malaysia. There are particular attention to major ones like the Employment Act 1955, Industrial Relations Act 1967 and Trade Unions Act 1959. The Employment Act provides minimum terms and conditions (mostly of monetary value) to certain category of workers, the Industrial Relations Act provides ways for settlement of trade disputes between employers and employees, whereas the Trade Unions Act regulates trade union registration and the uses of trade union funds.. BODY There have been some major issues occurring in the trade union currently, one been the act of no confidence to the prime minister...
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...Historical background of trade union:- Union oriented, mainly in Great Britain the U.S.A in the late 18th and early 19th centuries, as, associations of workers using the same skill. There is no connection between trade unions and medieval craft guilds, for the latter were composed of master craftsmen who owned capital and often employer several workers. The early unions were formed a partly as social clubs but soon became increasingly concerned with improving wages and working conditions, primarily by the device of collective bargaining. Progressing from trade to trade within the same city or area, the clubs formed local associations which, because they carried on their main activities on a purely local level, were almost self-sufficient. With industrial development, however, local associations sooner or later followed the expansion of production beyond the local market and developed into national unions of the same trade. These in turn formed national union federations. Labor group tried hard and soul for establishing their rights. As a result, law was passed in many countries in favor of trade union. In 1836 the trade union commotion was found in Brussels, which is treated as INTERNATIONAL MOVEMENT OF TRADE UNION. |Year/period |Incidents | |18th century |The origins of trade unions can be traced back to 18th century Britain, where the...
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...organise collectively.” “Theoretically, the rationale for unionisation appears sound. However, in practice, ensuring the solidarity of workers and controlling the supply of labour is problematic.” (Finnemore, 2013). Based on the statements above, present a detailed discussion on trade unions. Your discussion should include reasons why employees join trade unions, goals on trade unions, trade union structure and organisational effectiveness and closed shop and agency shop agreements. Darryl John Iyaloo Human Resource Management 311 (BBA) 28 April 2016 ABSTRACT This paper provides a detailed discussion on the South African Trade Union Movement. Using the case study of The Marikana Fallout, this paper will attempt to unpack why employees join trade unions, goals of the trade unions, trade union structure and organisational effectiveness, closed shop and agency shop agreements. 1. Introduction 2. The South African Trade Union Movement: A Brief History 3. The Case of The Marikana Fallout 4. The Reasons Why Employees Join Trade Unions 5. Goals Of The Trade Unions 6. Trade Unions Structure and Organisational Effectiveness 7. Closed Shop and Agency Shop Agreements 8.1 Closed Shop Agreements 8.2 Agency Shop Agreements 8. Conclusion 9. References 1. Introduction As an upper middle-income country within Africa and the continent’s largest economy...
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...PAYMENT OF WAGES ACT 1936 PREAMBLE: Whereas it is expedient to regulate the payment of wages to certain classes of persons employed in industry. ENACTMENT: * Payment of wages Act 1936. * 26 Sections with 5 appendices. PLACE OF APPLICATION: It shall be applicable to whole of Pakistan. EXTENT OF APPLICATION: It applies to the workers in: * Factory & railway administration. * Government may apply this Act to any worker after having three months’ notice. * It doesn’t apply on the worker if his monthly wages exceeding Rs.7000. WHAT IS FACTORY? "Factory “means; * Premises, including the precincts. * Ten or more workers. * Working on any day. * Proceeding twelve months, where a manufacturing process is being carried on. * With or without the aid of power, not include a mine. "Factory “means * Premises, including the precincts. * Ten or more workers. * Working on any day. * Proceeding twelve months, where a manufacturing process is being carried on. * With or without the aid of power, not include a mine. "Industrial establishment" means any___ * Tramway or motor omnibus service; * Dock, wharf or jetty; * Inland steam-vessel; * Mine, quarry or oil-field; * Plantation; * Workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale; INDUSTRIAL ESTABLISHMENT (cont’) ...
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...mean “the relationships that exist within the industry between the employer and his workmen.” | | | | The term industrial relations explain the relationship between employees and management which stem directly or indirectly from union-employer relationship. Industrial relations are the relationships between employees and employers within the organizational settings. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial relations are basically the interactions between employers, employees and the government, and the institutions and associations through which such interactions are mediated. The term industrial relations have a broad as well as a narrow outlook. Originally, industrial relations were broadly defined to include the relationships and interactions between employers and employees. From this perspective, industrial relations cover all aspects of the employment relationship, including human resource management, employee relations, and union-management (or labor) relations. Now its meaning has become more specific and restricted. Accordingly, industrial relations pertains to the study and practice of collective bargaining, trade unionism, and labor-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers. The relationships which...
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...leather products company which has been under smooth running for seven years is now in a problematic stage with the establishment of a trade union by the employees in the organization. The management was requested to meet with the trade union to discuss the issues they had. But as it was neglected a letter including their issues was submitted. The issues were 1. A salary increase of 50% 2. Although the workers work for 48 hours a week they are denied overtime payments. 3. That while employees of certain divisions get overtime work some others do not get overtime work and that all employees should be given at least two hours overtime daily as a matter of policy. 4. Placing employees on no pay even when they had not exhausted their legal entitlement of leave. 5. Nonpayment of EPF and ETF contributions in respect of casual and temporary employees. 6. Failure of the management to respond to the request made by the union to deduct union membership fees from salaries of the relevant employees. 7. Failure to provide separate conveniences for female employees and a suitable place for employees to take their meals. 8. Failure of the management to fulfil the request made by the union for a suitable place for the employees to take their meals. 9. To grant a half day’s leave with pay daily for the union secretary to attend to union activities. 10. Punishing employees on the pretext of disciplinary action without even holding inquiries. 11. Failure to...
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...Introduction: Trade Union is an organization of workers who have banded together to achieve common goals such as protecting the integrity of its trade, achieving higher pay, increasing the number of employees an employer hires, and better working conditions. -An organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests. -A group of employees in a particular sector, whose aim is to negotiate with employees over pay, job security, working hours, etc. using the collective power of the members. -The most common purpose of these associations or unions is "maintaining or improving the conditions of their employment". Objectives: Trade unions are the only way to manage, compliant, and control the labor force. Lots of objectives are there to organize trade unions. 1. To defend or improve the wages and working conditions of workers and to bring about a change in the economic order. 2. To strengthen their (labor) bargaining power collectively to establish and achieve all their rights. 3. To dully protect all other interest of the workers .And from the management’s point of view the objectives as written: a. To reduce the number of negotiation. b. To specify work rules, disagreements and grievances to give the better solution to workers claim. c. To establish the efficient communication between the employers and management to enforce the predictable standards. d. To enhance the overall organizational...
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... Summary Of The Case Study Lanka Fashions Leather Products Company has been running a profitable business for the past several years. At the beginning there was no trade union for the company but about six months ago the workers of the company has formed a branch union of a registered trade union sponsored by a political party with radical views. after the formation of the union they requested several opportunities to meet the management to discuss about factors affecting the member attached to the company. however the management has turned a blind eye to the request made by the union to give an opportunity to discuss the matters. The union informed the management in writing that in the event management failing to grant an opportunity to discuss the matters effecting within 14 days the union will be compelled to resort to strike action. As there was no response from the management they extended there mandatory period for a further period of two weeks. Management continued to be indifferent towards the union's request, and the union ultimately launched a strike. the union had a membership of nearly 75% of the total workforce of the company and almost 70% of the membership joined the strike. Even after the commencement of the strike the management refrained from having an dialogue with the union. Two weeks after the commencement of the strike the management wrote to all the strikers individually by registered post to their home address that they would be treated has...
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...TEST/ASSESSMENT COVER SHEET | | | Surname | Masango | Initials | EM | Student number | 2011133168 | Contact Number | 0823892708 | E-Mail Address | 2011133@ufs4life.ac.za | Module name | Labour Law | Module code | ARR214 | Assignment or Test Title | Assignment 1 | Lecturer | Adv DM Smit | Is this an authorised group assignment? | Yes | | No | | Has any part of this assignment been previously submitted? | Yes | | No | | Due date | 22 March 2014 | Date submitted | 22 March 2014 | Extension granted until (date) | | Signature of lecturer | | DefinitionsPlagiarism implies: * direct duplication of the formulation and insights of a source text with the intention of presenting it as one’s own work. Academic writing misconduct implies: * cribbing in tests and examinations; * collusion and fabrication or falsification of data; * deliberate dishonesty; * purchasing assignments, dissertations and/or theses on the Internet and presenting such documents as one’s own work; * presenting the same work for more than one course or in consecutive years; and * the submission of another person’s work as one’s own original work. | MARK | | % | Student statement: I have read the University’s Policy on the Prevention of Plagiarism and Dealing with Academic Writing Misconduct: http://www.ufs.ac.za/dl/userfiles/Documents/00000/364_eng.pdfI understand that I must: * abide by all the directives of this Policy...
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...How far was the 1890s the most significant Turning point in trade union & labour rights in the period 1865-1992? The 1890’s had been a turning point for the development of trade union ad labour rights, however it could be said that the period of the 1930’s and the New Deal could be proved as a more significant turning point as well as the start of the period for the development of trade union and labour rights. The 1890s was the time trade unions begun to develop and start to threaten the power of the `robber barons' with powerful strikes. Trade unions wanted the right to exist and collectively bargain with the employer. This was the process where a group of employees formed a unit and bargained with the employer to better their rights. In the 1890s, union membership was steadily growing reaching a membership of just under a thousand by 1900s. This shows that Unions were slowly becoming recognised as membership grew, meaning that employers were under more obligation to accept them. With the creation of the first Industrial Union in 1893, the American Railroad Union, it meant that some unskilled workers could be organised and recognised. This was important as previously mainly craft unions only accepted skilled workers like the American Labour Federation (1874). However, the ARU set a precedent that other industrial unions could do the same, making unions more powerful. However, there were some negatives in this period, lessening the 1890s impact as a turning point. For...
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...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 these interactions on humans and organizations. This article considers industrial relations from the perspectives of researchers, governments, managers and workers. In the "Industrial Relations Journal," Ardha Danieli wrote...
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...Each day, employees and employers work together to complete tasks and projects for businesses. Both employees and employers have very specific rights and responsibilities that are standard based on current labour laws, employment acts and trade union acts. Balancing these rights is extremely important to a fair and successful employment relationship. Employees who understand their rights and duties may reduce their risk of being mistreated by their bosses. Similarly, employers who are familiar with their obligations and allowances may manage more effectively. It must always be remembered that with every right there is an obligation. In other words the rights of the employee are the obligations of the employer and the rights of the employer are the obligations of the employee. In Malaysia, there are several laws that govern the relationship between employees and their employers. Among them are the • Employment Act 1955 • Industrial Relations Act 1967 • Trade Union Act 1959 • Employees Provident Fund Act 1991 • Employee Social Security Act 1969 • Code of Conduct for Industrial Harmony 1975 • The Workmen's Compensation Act 1952 • Factories and Machinery Act 1967 and • Occupational Safety and Health Act 1994. The Employment Act 1955 (Act 265) covers employees whose wages does not exceed RM1500 per month...
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...THE TRADE UNIONS IN UK INTRODUCTION Historically, trade unions in the United Kingdom have been viewed as: (1) collective employee organisations established to protect employees from arbitrary actions by employers in matters of pay and working conditions, and (2) as promoters of the legitimate interests of people at work. In practice, they have also played an important role in the political life of the nation, and, to a lesser extent, in its social affairs. The ability of trade unions to exercise power and influence over users of their service depends on the relative demand for that service. Thus, when demands for skilled labour in the economy are high trade unions are in a relatively powerful position to negotiate a high price for the use of labour. They are also able in such circumstances to employ a wide range of sanctions against employers (and even governments). When demand for labour is slack and unemployment begins to rise, trade union power to influence events becomes more limited. In Britain the boom period for trade unions was during the 1970s when membership reached a peak of 13.2 million (1979). At that time the demand for labour was high, many skills where in short supply and there were few legal controls over collective action by unions. By 1990 the situation had changed dramatically with a deep recession, record levels of unemployment, changes In working practices brought about by new technology and last but not least, a substantial framework of labour legislation...
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