The Right to Strike in Vietnam’s Private Sector

2015 ◽  
Vol 2 (1) ◽  
pp. 115-135 ◽  
Author(s):  
Trinh LY KHANH
Keyword(s):  
Private Sector ◽  
Trade Union ◽  
New Labour ◽  
Social Partners ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right

AbstractThis article addresses the right to strike in the context of the new Labour Code and amended Trade Union Law of Vietnam.1 It analyses major problems posed today by wildcat strikes in Vietnam’s private sector. It argues that the ongoing approaches of the Vietnamese government and its social partners in strike resolution are ineffective and inconsistent with International Labour Standards. Finally, it suggests a model for the prevention and settlement of such strikes.

scholarly journals The Impact of the Labour Relations Act on Minority Trade Unions: A South African Perspective

2017 ◽  
Vol 16 (4) ◽  
pp. 284
Author(s):  
Johan Kruger ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Freedom Of Association ◽  
Labour Relations ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right ◽  
The Impact

The advent of the new political dispensation in 1994 heralded the coming of a new labour dispensation. Labour relations and labour policies changed significantly from that which prevailed under the previous government. The review of the labour legislation framework was at that stage a priority for the new government, with specific focus on the review of the collective bargaining dispensation. The abuse of trade unions under the previous government gave rise to a unique entrenchment of labour rights in the Constitution. The drafters thereof were determined to avoid a repetition of this abuse after 1994. Section 23 of the Constitution goes to great lengths to protect, amongst others, the right to form and join a trade union, the right of every trade union to organise and the right of every trade union to engage in collective bargaining. In furtherance of section 23(5) of the Constitution, the Labour Relations Act 66 of 1995 was promulgated. One of the most significant changes of the LRA was that it now provided for legislated organisational rights. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the establishment or industry level.  It is within this context that this article examines the impact of section 18 of the LRA on the constitutionally entrenched right of every person to freedom of association, the right of every trade union to engage in collective bargaining, and the right of every trade union to organise. Furthermore, this article explores the justifiability of the impact of section 18 on minority trade unions in terms of international labour standards and the Constitution. In part one the article examines the concept of majoritarianism, pluralism and industrial unionism in the context of South African Labour market. Part two deals with the impact of section 18 of the LRA on minority Trade Unions. Whilst part three explores the concept of workplace democracy. Part five investigates the applicability of international labour standards in the context of the right to freedom of association. Part four ends up with conclusion and recommendations on the impact of section 18 of the LRA.

Internationalisation of Labour Law: The Lesotho Experience

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Kananelo Mosito
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
International Labour Organization ◽  
Labour Law ◽  
Labour Standards ◽  
International Labour Standards ◽  
The Right

This article considers Lesotho’s labour laws in the light of the country’s obligations under international labour standards. It assesses the extent to which the international labour standards have had an impact on the development of labour law in Lesotho. It argues that Lesotho’s various Acts perpetuate the country’s non-compliance with International Labour Organization standards as significant aspects of the Acts still undermine workers’ rights. It contends that Lesotho still has a long way to go towards fulfilling the expectations of the International Labour Organization. After noting the various labour-law concepts in the international labour standards which have had an impact on Lesotho law and reviewing the sources of Lesotho’s obligations to respect the various workers’ rights, the article focuses on the workers’ rights to join trade union organisations, the promotion of free and voluntary collective bargaining and the right to strike. The article concludes that reforms are needed to internationalise Lesotho’s labour law further, in line with International Labour Organization requirements, so that workers’ rights are protected.

scholarly journals Status of International Labour Standards in Brick Kiln Industry of Pakistan

2020 ◽  
Vol V (I) ◽  
pp. 349-359
Author(s):  
Bisharat Ali Lanjwani ◽  
Fehmida Aslam ◽  
Anwar ul Mustafa Shah
Keyword(s):  
Brick Kiln ◽  
Group Discussions ◽  
Research Article ◽  
International Obligation ◽  
Labour Standards ◽  
Forced Labour ◽  
International Labour Standards ◽  
The Government ◽  
The Right ◽  
Depth Interviews

This research article attempts to investigate "State of Implementation of International Labour Organization (ILO) Labour Standards in Brick Kiln Industry of Pakistan". Based on qualitative methods, this research/investigation has tried to understand different processes and mechanisms through which the government of Pakistan is fulfilling its international obligation i.e., provision of Core Labour Rights to the workers of brick kiln industry in the country. From all its Conventions, ILO has picked 8 Conventions and grouped them under four most basic human rights as which include Conventions 87 and 98 as "The right to organize and engage in collective bargaining", Conventions 100 and 111 as "The right to equality at work", Conventions 138 and 182 as "The abolition of child labour" and Conventions 29 and 105 as "The abolition of forced labour". To investigate the state of implementation of ILO Labour Standards, six districts were chosen from four provinces of Pakistan. Through focused group discussions and in-depth interviews, data was collected from brick kin workers, brick owners, labour activists, trade unionists, labour lawyers and officials of the labour departments.

scholarly journals How to Improve Monitoring and Enforcement of International Labour Standards?

2020 ◽  
pp. 79-95
Author(s):  
Bernd Waas
Keyword(s):  
European Union ◽  
Private Sector ◽  
International Organizations ◽  
International Standards ◽  
The European Union ◽  
Labour Standards ◽  
Monitoring And Enforcement ◽  
International Labour Standards

Abstract This paper presents the existing system of monitoring international labour standards within the ILO, and then discusses how this system could be improved. The author suggests increased and improved cooperation between the relevant international organizations and an intensification of the dialogue between courts and other supervisory bodies, insofar as they are responsible for ensuring compliance with international standards. In addition, the question of whether and in what way the European Union could make a further contribution in this respect is examined. Finally, the role of the private sector is examined in more detail.

Law and the Culture of Capital: A Critical Perspective on Labour’s Right to Associate in Developing Societies

2002 ◽  
Vol 18 (1) ◽  
pp. 1-22 ◽  
Author(s):  
L. A. Visano ◽  
Nicholas Adete Bastine
Keyword(s):  
Socioeconomic Development ◽  
Law And Economics ◽  
Complex Form ◽  
Labour Relations ◽  
Legal Narratives ◽  
Labour Standards ◽  
International Obligations ◽  
Developing Societies ◽  
International Labour Standards ◽  
The Impact

Informed by critical theory, this paper focuses on the dialectical interplay between law and economics evident in the practices and policies of the International Labour Organization (ILO). It is argued, first, that governments do not comply with international labour standards because of the inherent weaknesses of the ILO as the source and enforcer of international obligations. Second, the parochial politicization of rights defers to the arrogance of ignorance. Third, developing societies are overwhelmingly preoccupied with socioeconomic development. In exploring the impact of ILO practices on developing societies within the policies of the International Monetary Fund (IMF) and the World Bank (WB), this paper asks the following questions: to what extent does capital form and inform the law in relation to conflicting economic narratives of development and nationhood? How and why does the ILO talk up legal narratives of regulation and contest? How does law hegemonize capital integration? How does law symbolically function to mediate labour relations meanings and manipulate the inaction of civil society? Within the larger structure of “market forces,” the commodity of law is a complex form of social communication that diverts attention away from the political impact of predatory economies.

International labour standards: Challenging globalization ideology?

1995 ◽  
Vol 8 (4) ◽  
pp. 569-588 ◽  
Author(s):  
Rob Lambert ◽  
Donella Caspersz
Keyword(s):  
Labour Standards ◽  
International Labour Standards
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