Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Employment and labor laws
Employment and labor laws
Employment and labor laws
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Employment and labor laws
1. INTRODUCTION
Contract labour is defined as workers who engage through an intermediary and there exists a triangular relationship between the user enterprises, the contractor [including the sub-contractor] and the workers. There are millions of workers involved in contract labour and they generally belong to the unorganized sector, have very little bargaining power and also engage in hazardous occupations risking their health and safety . They are also often denied the minimum wage and have little or no security of employment.
The contract labour system is prevalent in various economic activities in sectors like: public, private, organized, unorganized, home-based, primary manufactirung and service sectors. Colonial capitalists had practiced an extravagant syatem of contract labour in their caol fields, plantations, tectile mills and other enterprises. Various labour enquiry committees instituted by the Givernment had called for the abolition of Contract Labour System including the First National Commission on Labour and post the Supreme Court intrusion in 1960, Government of India enacted the Contract Labour (Regulation and Abolition) Act in 1970 , in order to reglate the emplyment of Contract Labour in certain institutions and to provide for its abolition in certain circumstances and for matters connected therewith. The constitutional validity of the Act and Central Rules was challenegd before the Supreme Court in Gammon India Limited, which was upheld.
Prior to the enactment of the act, there were no specific legislations to deal with the problem of Contract Labour, although there were legislations like Industrial Dispute Act 1947, Payment of Wages Act 1936 etc. but none of them were specifically designed to regulate the...
... middle of paper ...
...of consumer satisfaction.
The Act ought to be made applicable just to the primary and core activities of the establishment in so far as the nullification of contract labour system are concerned. Strong or unified activities of an establishment like maintenance, housekeeping ought to be out sourced and the Act ought to accommodate controlling the working conditions and wages. The Principal Employer ought to, in any case, need to guarantee payment of wages to contract labour as set down under the law in power as likewise other essential amenities and social securing benefits. Work requiring specific abilities inaccessible inside the establishment. If the contract labour system, which is financially savvy, is not permitted to proceed with, commercial enterprises may go in for mechanical rebuilding with less number of labourers prompting diminishment in employment.
[12] CURRAN, Simon, ‘When is a duck not a duck? The employee/independent contractor dichotomy’, Bulletin (Law Society of S.A) 26 (9) October 200etin (Law Society of S.A) 26 (9) October 2004: 23-26
Ferguson, J. (1997), Casual Employment Contracts: Continuing Confusion when Protection and Free Market Clash, New Zealand Journal of Industrial Relations, 22(1): 123-142
14. Fair Labor Standards Act, www.spartacus.schoolnet.co.uk, 6/11/04 --------------------------------------------------------------------- [1] Fair Labor Standards Act; www.inforplease.com, June 11, 2004.
Vanachter, O. (1993). Labor: A Confrontation between Theory and Practice. Antwerp: Labor laws and Legislation.
The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant a...
NZ’s industrial relations developed by protection of the employment relationship through acts passed by government, particularly the Industrial Conciliation and Arbitration Act (IC&A). This is fundamental to NZ’s employment relations and set the right for trade unions to arrange and negotiate collectively with employers, as well as producing awards, wage rates and handling disputes (Bryson, 2011c).
Statute of Labourers, 1351, Source Problems in English History, A. White and W. Notestein (eds), (New York, 1915)
Hutchins, B.I. and A. Harrison. 1903. A History of Factory Legislation. London: P.S. King and Son. [References to 1966 ed. By London: Cass.]
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
John W. Budd & Devasheesh Bhave (2006). Sage Handbook of Industrial and Employment Relations. Industrial Relations Center, University of Minnesota. Chapter 5.
Likewise, industrial action gives the worker a line of protest against unfair hours or miserly wages. Theoretically, if taking industrial action was outlawed, the management could impose any terms and contract changes that they wished ...
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
The role of the government on industrial relations is very important as it sets the legal framework that industrial relations operates in. Appropriate industrial relations legislation should recognize the requirements of both employers and employee’s. Both the employee and the employer want to profit from each other but are also reliant on each other. This means that the equal bargaining power of employers and workers must be recognized (Peetz, David. 2006). Appropriate industrial relations laws should address any imbalance of power and give both groups an equal degree of control. Appropriate industrial relations should not only allow a mixture of both collective and individual bargaining but also facilitate employee participation in day to day workplace decisions. After all it’s the structure and framework of the employment relationship, which is governed by legislation that leads to good Industrial Relations.
The theory holds work to be governed by a wide range of formal and informal rules and regulations, which cover everything from recruitment, holidays, performance, wages, hours, and a myriad of other details of employment. It asserts that these rules are what industrial actors try to determine, that their establishment is influenced by the wider environmental context in which the actors operate, and that the actors themselves share an interest in maintaining the processes of negotiation and conflict resolution. On the back of these assertions four elements are held to make up the system of industrial relations rule-making. The first is industrial actors, which consists of employers and their representatives (i.e., employer associations), employees and their representatives (i.e., trade unions), and external agencies with an interest in industrial relations (i.e., government departments and labour courts). The second is the environmental context, which