employee relations - employment laws

8/3/2019 Employee Relations - Employment Laws

http://slidepdf.com/reader/full/employee-relations-employment-laws 1/19

Chapter 8

Employment Laws

2/13/2012 Prof. Rushen Chahal



Employment Laws

Employment Act

Industrial RelationsAct

Trade Unions Act

Trade Dis putes Act

Work men¶s

Compensation Act Retirement Age Act

Work place Safety &

Health Act Employment of Foreign

Workers Act




Employment Act

Ter ms & conditions

Rights & duties

Contract of service

Ter mination

Grievance

Salary: payment &

deduction

Hours of work,

working days, restdays, holidays

Leave entitlement

Retrenchment Annual wage

su pplement




Industrial Relations Act

Rights & duties of

employers,employees

Prevent dis putes

- collective bargaining

- conciliation

- arbitration

Rights of

re presentation Granting leave to

do union work

Discriminationagainst union

mem bers




Collective Bargaining Invitation by employer or union

Acce ptance to negotiate

Conclude within 14 days




Collective Agreement Validity

In writing

De posit with IAC Certified by IAC

Duration

- not less than 2 years

- not more than 3 years




Collective Agreement Contents

Can contain

- industrial matters pertaining to

- ter ms of

employment- conditions of work

Cannot negotiate:

- Promotion, transfer

- Hire, dismiss

- Retrench

- Assignment of work




Submitting Dispute to

Arbitration By:

joint a pplication either union or employer




IAC: Constituted by

President and 2 panel mem bers

President alone: - certification of CAs

- victimisation cases

IAC decision is final




Trade Unions Act

Register & supervise unions

Forming a union

- 7 mem bers toregister

- rules not unlawful

- rules not againstinterests of grou p

Definition of union

- promote goodemployment relations

- improve work

conditions and status- increase productivity




Trade Unions Act

Form or join union

Rules are not unlawful

Workers under contract of service

At least 18 years old




Trade Unions Act

Rights & res ponsibilities

Strike: conduct secret ballot Officer of a trade union

Trustees of the union

Use of union funds

Dissolution of union




Trade Disputes Act

Control disputes, strikes &

industrial action

Industrial action

- Restrict or delay duties - Strike: refusal to work

- Lockout: closing work place

- Picketing: placing oneself near work place

- Intimidation: force others not to work 2/13/2012 Prof. Rushen Chahal



Workmen¶s Compensation Act

Compensate injured workmen or dependants

To whom payable

When payable

Alternative to

compensation

Calculation

How to claim

Protecting right to

compensation




Retirement Age Act

From: 1.1.99: age 62

Employers may seek exemption

A ppeal and compensation




Work place Safety & Health Act Three Princi ples

- reduce risks at source

- require industry to take greater ownershi p

of safety outcomes

- prevent accidents




Employment of

Foreign Workers Act

Definition of foreign worker

O bligation of employer with foreignworkers

Work per mit

Work per mit holder




Committee on Retirement Age

Recommendations

Moderate cost of extension

Retrenchment benefit Extension beyond 60

Base-u p wage system Alternative medical scheme




Executive Representation

IRA and TUA amended in 2002

To allow limited re presentation

for executives by a rank-and-file union

Represent individually and not as aclass


employee relations - employment laws

Documents