Related Research Articles
Labour laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum set of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
Solidarity action is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.
Trade unions in Malaysia are regulated by the Trade Unions Act of 1959.
Mugg & Bean is a full-service, & On-The-Move restaurant, coffee-themed franchise restaurant chain originating from South Africa. The restaurant chain was founded in 1996 by Ben Filmalter after a visit to a Chicago coffee shop in the early 1990s inspired him to open a similar restaurant in South Africa. The first restaurant was opened at the V&A Waterfront in Cape Town in 1996. The franchise was bought by Famous Brands in 2009.
Trade unions in South Africa has a history dating back to the 1880s. From the beginning unions could be viewed as a reflection of the racial disunity of the country, with the earliest unions being predominantly for white workers. Through the turbulent years of 1948–1991 trade unions played an important part in developing political and economic resistance, and eventually were one of the driving forces in realising the transition to an inclusive democratic government.
Japanese labour law is the system of labour law operating in Japan.
The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. Enacted on 11 March 1947 and It came into force 1 April 1947. It was replaced by the Industrial Relations Code, 2020.
The Court of Arbitration was the first court in New South Wales, a state of Australia which dealt exclusively with industrial relation disputes in the early twentieth century. Justice Lance Wright claims that it perhaps was the first court of its type in the world. The court was unique at that time as it was the first court of its type to deal with labour relations between employer and employees on a compulsory basis. Previous arbitration measures between employer and employee had been on a voluntary basis or had been based on the criminal justice system through the use of criminal penalties. The conventional economic model is that both employer and employee enjoy equal bargaining power to set wages and conditions. This asserts that both parties are able to agree on a fair market price for the cost of labour free from distortions. However, where employers or employees group together, these outcomes can be distorted particularly in “boom” or “bust” economic conditions. The purpose of the court was to change the manner in which employers and employees negotiated pay and conditions. It was an attempt to reduce the power imbalances between employer groups or employee unions that arose from using collective bargaining, and the resulting use of that market power to influence wages, and also to reduce the threat of lockout or strikes to achieve those ends.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
Managerial prerogatives are also referred to as the functions and rights of management, is considered as the discretion of the employer or manager on how to manage its business, not bound by collective bargaining. It is a term that easily leads to widespread misunderstanding. Different circles have different interpretations of this term. When it is used in the trade unions circles, is perceived as a user's support for unilateral management power and can cause protests.When used by the management circle, It is considered as exclusive right and control right without interference. Managerial prerogatives give employers or managers the power to control the direction in which their businesses are heading. Employees basically do not have this power.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave each year to each employee with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.
Wilson v United Kingdom [2002] ECHR 552 is a United Kingdom labour law and European labour law case concerning discrimination by employers against their workers who join and take action through trade unions. After a long series of appeals through the UK court system, the European Court of Human Rights held that ECHR article 11 protects the fundamental right of people to join a trade union, engage in union related activities and take action as a last resort to protect their interests.
The Labour Court is a South African court that handles labour law cases, that is, disputes arising from the relationship between employer, employee and trade union. The court was established by the Labour Relations Act, 1995, and has a status similar to that of a division of the High Court. It has its seat in Johannesburg and branches in Cape Town, Port Elizabeth and Durban.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
In South African National Defence Union v Minister of Defence and Others, an important case in South African labour law, the Constitutional Court gave judgment on a series of disputes connected to collective bargaining that had arisen between the South African National Defence Union (SANDU) and the South African National Defence Force (SANDF).
South African National Defence Union v Minister of Defence & Another, an important case in South African labour law, concerned the question of whether or not it was constitutional to prohibit members of the armed forces from participating in public protest action, and from joining trade unions.
Independent Municipal & Allied Trade Union v Rustenburg Transitional Council is an important case in South African labour law. The council had adopted a resolution that its employees in senior managerial positions would not be permitted to serve in executive positions of trade unions; nor would they be permitted involvement in trade-union activities. The resolution was later amended to remove the prohibition on trade-union activities, but the prohibition on holding executive positions remained.
Kroukam v SA Airlink (Pty) Ltd is an important case in South African labour law.
References
- FAWU & Another v The Cold Chain [2007] 7 BLLR 638 (LC).
