Short Answer Essays on Collective Labour Law

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Unit 2 Collective Labour Law Question 1 a) Explain what a trade union is and how a trade union may gain recognition from an employer. The Trade Union and Labour Relations (consolidation) Act 1992, looks into whether a trade union is temporary or permanent and is made up of members who are mainly working in one or more descriptions. Trade unions are there to protect and advance their members in the workplace. Trade unions are an independent group who are not under the control of the employer. They can be recognised by making a voluntary agreement or following statutory procedures which involves the Central Arbitration Committee. Voluntary recognition is where the employer does not recognise a trade union in the workplace, if this happens a trade union can be recognised by making a voluntary agreement with the employer. Statutory recognition is if an employer does not want to make a voluntary agreement with a trade union, then the trade union can follow a statutory procedure for recognition if the workplace employees have 21 or more workers. The union will have the rights to consult the employer about health and safety matters, when the transfer of the employer business is being considered and collective redundancy consultation. An independent trade union recognised by an employer has certain legal rights, which include- • The rights for officials to be given time off work by the employer to carry out their trade union duties. • Union members, to be given time off work to take part in trade union activities. These activities may include voting in ballots on industrial action, voting in union elections, meeting to discuss urgent matters. • The right to give officials information by the employer that they can use in collec... ... middle of paper ... ...ms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. The court considered Article 11 of the European Courts of Human Rights, and that just as a worker should be free to join or not join a union, so is a trade union equally free to choose its members. Article 11 could not be interpreted as imposing obligations on associations to admit anyone who applied to join. However "must remain free to decide, in accordance with union rules, questions concerning admission to and expulsion from union". Reference – All questions - Unit 2 Collective Labour Law paperwork Question 2 - Unison website www.joinunison.org Question 3 - Trade Union and Labour Relations (Consolidation) Act 1992. – legislation.gov.uk www.legislation.gov.uk

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