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A labor court (or labour court or industrial tribunal) is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts. Other states, such as the United States, possess general non-judiciary labour relations boards which govern union certifications and elections. [1]
Labour laws, labour code or employment 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.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many cases, the word tribunal implies a judicial body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges nor magistrates. Private judicial bodies are also often styled "tribunals." The word tribunal, however, is not conclusive of a body's function—for example, in Great Britain, the Employment Appeal Tribunal is a superior court of record.
The Australian Industrial Relations Commission (AIRC), known from 1956 to 1973 as the Commonwealth Conciliation and Arbitration Commission and from 1973 to 1988 as the Australian Conciliation and Arbitration Commission, was a tribunal with powers under the Workplace Relations Act 1996 that existed from 1956 until 2010. It was the central institution of Australian labour law. The AIRC replaced a previous system of industrial courts, which broadly speaking, was engaged in the same functions, but with superior independence and powers.
Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. The main source of law is the Commonwealth Fair Work Act 2009, while state and territory laws can add to protection, and judge-made common law provides a default set of rights.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evidence, and make factual and legal determinations.
A strikebreaker is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers who cross picket lines to work.
A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, which can be a public administrative agency but also a contract- or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.
Employment tribunals are tribunal public bodies in both England and Wales and Scotland that have statutory jurisdiction to hear disputes between employers and employees.
The HR Nicholls Society is an Australian libertarian think tank that focuses on industrial relations. It advocates full workplace deregulation, contains some Liberal MPs as members and is seen to be of the New Right.
Specialized court is a type of court with limited subject-matter jurisdiction concerning particular field of law, compared to 'ordinary court' with general subject-matter jurisdiction. This concept of court usually includes administrative court or family court.
Labour in India refers to employment in the economy of India. In 2020, there were around 476.67 million workers in India, the second largest after China. Out of which, agriculture industry consist of 41.19%, industry sector consist of 26.18% and service sector consist 32.33% of total labour force. Of these over 94 percent work in unincorporated, unorganised enterprises ranging from pushcart vendors to home-based diamond and gem polishing operations. The organised sector includes workers employed by the government, state-owned enterprises and private sector enterprises. In 2008, the organised sector employed 27.5 million workers, of which 17.3 million worked for government or government owned entities. The Human Rights Measurement Initiative finds that India is only doing 43.9% of what should be possible at its level of income for the right to work. Employees are routinely taken advantage of by their employers because of loose labour laws across all industries in India.
The Ministry of Labour & Employment is one of the oldest and most important Ministries of the Government of India. This is an India's federal ministry which is responsible for enforcement of labour laws in general and legislations related to a worker’s social security. The Ministry aims to create a healthy work environment for higher production and productivity and to develop and coordinate vocational skill training and employment. However, Skill Development responsibilities, such as Industrial Training and Apprenticeship responsibilities were transferred to the Ministry of Skill Development and Entrepreneurship from 9 November 2014. The Ministry launched the National Career Service portal on 20 July 2015 to help bridge the gap between job providers and job seekers.
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.
The Fair Work Commission (FWC), until 2013 known as Fair Work Australia (FWA), is the Australian industrial relations tribunal created by the Fair Work Act 2009 as part of the Rudd Government's reforms to industrial relations in Australia. Operations commenced on 1 July 2009. It is the successor of the Australian Industrial Relations Commission, and also performs functions previously performed by the Workplace Authority and the Australian Fair Pay Commission.
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation.
The Federal Government of Brazil is the national government of the Federative Republic of Brazil, a republic in South America divided into 26 states and a federal district. The Brazilian federal government is divided into three branches: the executive, which is headed by the President and the cabinet; the legislative, whose powers are vested by the Constitution in the National Congress; and the judiciary, whose powers are vested in nine organs, including the Supreme Federal Court and lower federal courts. The seat of the federal government is located in Brasília.
The Department of Labour and Employment of state of Tamil Nadu is one of the Department of Government of Tamil Nadu
The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.
The Fair Work Act 2009(Cth) is an Act of the Parliament of Australia, passed by the Rudd government to reform the industrial relations system of Australia. It replaced the Howard government's WorkChoices legislation, it established Fair Work Australia, later renamed the Fair Work Commission.
The South Australian Employment Tribunal, which also sits as the South Australian Employment Court is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names.
