INDUSTRIAL RELATIONS TRADE UNIONS AND LABOUR LEGISLATION PDF
by Seema Priyadarshini Shekhar, Indu Bala Sinha, P. R. N. The second edition of Industrial Relations, Trade Unions, and Labour Legislation is an up-to-date interactive text, primarily related to issues in India. Primarily designed for the students of management, economics, labour. Get this from a library! Industrial relations, trade unions, and labour legislation. [ P R N Sinha; Indu Bala Sinha; Seema Priyadarshini Shekhar]. Download PDF Industrial Relations, Trade Unions and Labour Legislation, 2nd ed. Authored by P.R.N. Sinha, Indu Bala Sinha & Seema Priyadarshini Shekhar.
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P. R. N. Sinha is the author of Industrial Relations, Trade Unions, and Labour Legislation ( avg rating, 5 ratings, 0 reviews, published ) and In. Industrial Relations, Trade Unions, and Labour Legislation - Kindle edition by P. R. N. Sinha, Indu Bala Sinha, Shekhar Sinha, Seema Priyadarshini. Download it. same as personal relation, human relation or labour management employer employee trade union or to engage in concerted activities for the purpose of collective Soon workers motivated by different Industrial Acts enacted by parliament.
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 more-industrialized states of the United States began to enact such legislation toward the end of the 19th century, but the bulk of the present labour legislation of the United States was not adopted until after the Great Depression of the s.
There was virtually no labour legislation in Russia prior to the October Revolution of In India children between the ages of 7 and 12 were limited to nine hours of work per day in and adult males in textile mills to 10 hours per day in , but the first major advance was the amendment of the Factory Act in to give effect to conventions adopted at the first session of the International Labour Conference at Washington, D.
In Japan rudimentary regulations on work in mines were introduced in , but a proposed factory act was controversial for 30 years before it was adopted in , and the decisive step was the revision of this act in to give effect to the Washington Convention on hours of work in industry.
Labour legislation in Latin America began in Argentina in the early years of the century and received a powerful impetus from the Mexican Revolution , which ended in , but, as in North America , the trend became general only with the impact of the Great Depression.
In Africa the progress of labour legislation became significant only from the s onward. The legal recognition of the right of association for trade union purposes has a distinctive history. There is no other aspect of labour law in which successive phases of progress and regression have been more decisively influenced by political changes and considerations.
The legal prohibition of such association was repealed in the United Kingdom in and in France in ; there have been many subsequent changes in the law and may well be further changes, but these have related to matters of detail rather than to fundamental principles. In the United States freedom of association for trade union purposes remained precarious and subject to the unpredictable scope of the labour injunction, by means of which the courts helped restrain trade union activity until the s.
In relation to collective bargaining, the TUA provides that all registered unions in the employment of an employer shall constitute an electoral college so as to elect members who will represent their unions in negotiations with the employer.
If so, what are the main rights and responsibilities of such bodies? We do not have the concept of a works council under Nigerian law. This is not applicable. Please refer to our response to question 2. There is currently no general statutory right that entitles employees to be represented at board level.
Discrimination 3. If so, on what grounds is discrimination prohibited?
Nigeria: Employment & Labour Law 2019
The Constitution prohibits discrimination against Nigerian citizens on the basis of their community, ethnic group, place of origin, sex, religion, political opinion or the circumstances of their birth. Can employers settle claims before or after they are initiated? Employers are able to settle claims at any time before or after they are initiated, until the final judgment of the court is delivered.
Where a claim of discrimination is successfully proven, the remedy available to employees in most cases is compensation for wrongful or unfair termination. The court may also award damages to the employee. No, atypical Workers do not have any additional protection. Maternity and Family Leave Rights 4. There is no corresponding provision in relation to Non-Workers and the benefits accruing to a Non-Worker is subject to the provisions of her contract of employment.
The Labour Act provides that any employee nursing her child is to be allowed half an hour, twice a day, during working hours for the purpose of nursing her child.
The Labour Act does not make any provisions for paternity leave.
Some state governments Enugu and Lagos States , however, offer paternity leave to male employees in the service of the state governments. The paternity leave in Enugu State is for three weeks while that of Lagos State is for two weeks and only applies in respect of the first two children of such male employee.
No, there are no other parental leave rights that employers are required to observe. Business Sales 5. Employees do not automatically transfer in the context of an asset sale as the consent of each employee is required in order to transfer an employee from one employer to another.
A labour officer is a public officer serving in the Ministry of Labour who is authorised by the Minister of Labour to act as an authorised labour officer, for the purposes of the Labour Act. In relation to a share sale, other than the changes to the beneficial ownership of the shares of the employer, the employer remains the same.
There is, therefore, no requirement to transfer the employees or to obtain their consent to the share acquisition. How does a business sale affect collective agreements? In an asset sale, where the employment contracts are novated to the buyer, all the rights of the employees under the existing contracts of employment transfer to the buyer.
The buyer may also elect to engage the services directly in which case, the contracts of employment between the seller and the employees are terminated, and the buyer, thereafter enters into new contracts with the employees.
In much the same manner as the novation of employment contracts, collective agreements may also be novated to the transferee entity on the same terms and conditions.
Alternatively, the existing collective agreement may be terminated and a new collective agreement negotiated with the new employer. In a share sale, employees continue to be employed by the same employer and their rights under the terms and conditions of their employment contracts do not change.
Collective bargaining agreements also continue to run in this circumstance as the identity of the employer does not change. How long does the process typically take and what are the sanctions for failing to inform and consult?
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In practice, however, employers would usually notify employees of a proposed business transfer. In the context of a share sale, as the employer of record does not change, there is no requirement to inform the employees of the share sale.
Business Sales 5. How does a business sale affect collective agreements? When assuming the position of the previous employer, the buyer must guarantee that all the employment rights and duties are maintained and enforced. The same applies to all existing collective agreements. How long does the process typically take and what are the sanctions for failing to inform and consult?
The Employment Law does not specifically set a timescale for this procedure but states that it must be before the sale, and establishes a fixed monetary fine according to the sanctioning regime of the Law in case of non-compliance.
The employees can be dismissed in connection with a business sale.
The terms of the business sale can dictate the termination of employment agreements, which must be carried out following the procedure established by the Employment Law. Employers are not necessarily free to change terms and conditions of employment in connection with a business sale. The faculty is not related to a business sale event. Termination of Employment 6. How is the notice period determined? According to the Employment Law, a simple notice cannot terminate an employment contract. The forms of termination of the employment agreements are determined by the type of agreement.
Although in general, and despite the procedures and rules involved, the notice period is 30 days. Employers do not require employees to serve a period of garden leave. In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss?
An employee can only be dismissed by the employer if there are grounds to support the dismissal, according to the Employment Law. An employee is treated as being dismissed if the employer terminates the employment relationship without the consent of the employee. Consent from a third party is not considered a requirement for dismissal, but, in some cases, the Employment Law establishes a mandatory consultation.
Mozambique: Employment & Labour Law 2019
As explained above, women who are pregnant or recently became mothers cannot be dismissed for up until one year after giving birth. Works council or trade union body members can only be dismissed with just cause when the grounds concern their performance as members of those organisations.
Are employees entitled to compensation on dismissal and if so how is compensation calculated? The employer is entitled to dismiss for business-related reasons when there are objective reasons which must be technological, structural or market-related that may affect the administrative or productive organisation.
The employee is entitled to compensation, which is calculated according to the type of employment agreement, salary, reason for dismissal and seniority circumstances. Disciplinary procedure must always precede a dismissal with just cause, in accordance with the terms established by the Employment Law, with the risk of being considered null.
The statute of limitation to bring a disciplinary action against the employee is six months after the misdemeanour. What are the remedies for a successful claim? The most frequent claims brought by the employees are related to the grounds of their dismissal trying to prove the inexistence of just cause or to the disciplinary procedure itself breach of the rules established by the Employment Law regarding the disciplinary procedure.
In both situations. Employers can settle claims both before and after they are initiated. The employer has no additional obligations. Although the Employment Law provides two main types of redundancy procedure: collective dismissal; and individual redundancy thus the existence of different procedures for each one , the compensation in cases of collective dismissal which is considered when more than 10 employees are dismissed is calculated in the same terms as individual redundancy, described in question 6.
In a situation where the employer does not fulfil its obligations in relation to mass dismissals, he can be sued by the employees. In addition, the employer, in cases of non-compliance, can be sanctioned or even condemned by the court to reinstate or compensate the employees. Protecting Business Interests Following Termination 7. It is important to note that the line separating restrictive covenants from their potential unconstitutionality is rather tenuous and its clauses should be analysed on a case-by-case basis.
Situations concerning the enforcement of restrictive covenants must be considered on a case-by-case basis. It is our understanding that employees should not get financial compensation in exchange of covenants.
However, because the Employment Law is silent on the matter, under the civil rules the parties can use this solution to avoid breaking the law.The centre of industrial relations is the coming together of these two big aggregates. Disputes are reflections of the failure of basic human urges or motivations to secure adequate satisfaction or expression which are fully cured by good industrial relations. A union with a broad membership base is likely to be financially sound as well as organisationally strong.
Actors in the IR System Three main parties are directly involved in industrial relations: Traditional institutions of IR are losing their importance and relevance. The lack of representatively among workers' and employers' organisations and the growing assertion of state governments and the non-participation of administrative ministries in tripartite discussions resulted in the weakening of all the three social partners and raised questions about their representativity.
At this juncture.
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