The State as Employer: Labour Law and Industrial Relations in the Public Sector

1988 ◽  
Vol 11 (1/2) ◽  
pp. 54-55 ◽  
Author(s):  
Sandra Fredman ◽  
Gillian Morris
Keyword(s):  
Public Sector ◽  
Industrial Relations ◽  
The State ◽  
Labour Law ◽  
The Public

COLLECTIVE BARGAINING DYNAMICS IN THE NIGERIAN PUBLIC AND PRIVATE SECTORS

2011 ◽  
Vol 01 (05) ◽  
pp. 63-70
Author(s):  
Anyim C. Francis ◽  
Elegbede Tunde ◽  
Mariam A. ◽  
Gbajumo Sheriff
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Private Sector ◽  
Industrial Relations ◽  
The State ◽  
Wage Determination ◽  
Federal State ◽  
Freedom Of Association ◽  
Public And Private ◽  
The Public

The objective of this paper is to examine the dynamics of collective bargaining machinery in both the public and private sectors in Nigeria; with a view to bringing to the fore the peculiarities associated with both sectors with regard to the practice of bargaining. To achieve this objective, the paper adopts a theoretical approach. The author observes that the practice of industrial relations as a discipline and that of collective bargaining in particular emanated from the private sector the world over. Thus, much of the practices of public sector collective bargaining are modelled after the private sector collective bargaining. However, in Nigeria, the obverse is the case as collective bargaining gained its root in the public sector owing to the near absence of private sector at the turn of the century. However, in Nigeria, the public sector pays lip-service to the collective bargaining machinery. Governments at all levels (Federal, State and Local) have continued to set aside collective bargaining and to give wage awards to score political points in spite of its commitment to the ILO Convention 98 to freely bargain with workers. The State or the government in the course of regulating wages and employment terms and conditions revert to the use of wage commissions. Thus, wage determination is by fiat. This preference for wage commissions can at best be regarded as a unilateral system as collective bargaining is relegated to the background.Wage tribunals or commissions offer little opportunity for workers’ contribution in the determination of terms and conditions of employment and can hardly be viewed as bilateral or tripartite. Thus, the State preference for wage commissions is anti-collective bargaining. In spite of Nigeria’s commitment to Conventions of the ILO with particular reference to such Conventions as 87 of 1948 and 98 of 1949 which provide for freedom of association and the right of workers to organize and bargain collectively. Thus, the use of wage commissions is antithetical to collective bargaining.

scholarly journals Trade unions and the sovereign power of the state. A comparative analysis of employer offensives in the Danish and Irish public sectors

2018 ◽  
Vol 24 (2) ◽  
pp. 163-178
Author(s):  
Imre Szabó
Keyword(s):  
Public Sector ◽  
Trade Unions ◽  
Industrial Relations ◽  
The State ◽  
Sovereign Power ◽  
Government Interventions ◽  
Labour Relations ◽  
The Public ◽  
Mediating Role ◽  
Role Of The State

The changing composition of trade unions has far-reaching consequences for the relationship between unions and the polity. In particular, the concentration of trade union membership in the public sector – a process that has been taking place in most EU countries – implies a shift away from collective agreements towards legislation as the dominant way of managing employment relations. Pluralist models of collective bargaining assume a neutral, mediating role of the state, but in the public sector the state by definition acts as an employer as well. The state is equipped with the sovereign power to circumvent traditional bargaining agreements and force its will upon trade unions through legislation. The article investigates major bargaining disputes in Europe after 2008, focusing on two countries (Ireland and Denmark) that have different political environments and that, although affected differently by the financial crisis, underwent similar government interventions in labour relations. The findings suggest that a shift towards legislation is a tendency that affects all types of industrial relations systems.

The New Benchmarking and Advisory State: The Role of the British Advisory, Conciliation and Arbitration Service in Facilitating Labour—Management Consultation in Public Sector Transformation

2008 ◽  
Vol 50 (5) ◽  
pp. 736-751 ◽  
Author(s):  
Mark Stuart ◽  
Miguel Martínez Lucio
Keyword(s):  
Public Sector ◽  
Industrial Relations ◽  
The State ◽  
Employment Relations ◽  
The Public ◽  
Role Of The State ◽  
Driven System ◽  
Management Consultation ◽  
Changing Role

The aim of this article is to examine the changing role of the state in a more market-driven system of industrial relations, specifically in terms of the new roles that are being developed with regard to mediation, advisory and arbitration services. It focuses empirically on the role played by the British Advisory, Conciliation and Arbitration Service in facilitating the modernization of public sector employment relations. We show how the Advisory, Conciliation and Arbitration Service has played a `benchmarking' role that assists the development of more strategic forms of decision-making and cooperation in employment relations change, and identify the challenges of developing such an approach in the context of the shift towards a more decentralized and market-oriented system of public service delivery. In conclusion we assert that there is a new `advisory and benchmarking' state evolving based on a soft-market view of industrial relations, and that this mitigates (but is also in tension with) the harder market view within the state concerned with transforming the public sector.

Employment relationships in the public sector – a balance between the state, local and autonomous regulations

2013 ◽  
Vol 11 (3) ◽  
pp. 497-512
Author(s):  
Zvone - Vodovnik
Keyword(s):  
Public Sector ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Labour Law ◽  
Essential Information ◽  
Effective Prevention ◽  
Employment Relationships ◽  
The Public

This article analyses the role of the state as well as the roles of the regional and local authorities in the legal regulation of employment relationships with special attention on the public sector. The objective of this article is to identify the principles of international law that may serve as the demarcation line between the authoritative state regulation of employment relationships in the public sector and other kinds of regulation of these relationships. The main goal of the research is to present and evaluate the central international legislative acts with the aim to identify principles that can serve as a tool for evaluating the internal legislative processes. The main finding of the research is that the collective labour law of the public sector may not be proclaimed as being wholly in accordance with the modern labour law principles and standards, namely, that the important value of the freedom of collective bargaining is missing as are mechanisms for the effective prevention and resolution of collective labour disputes. In this regard, this article emphasises the role of decentralised social dialogue in the public sector including local levels, which is not present in Slovenia; however, the article may provide essential information, especially in the area of conflict prevention and resolution between public authorities and civil servants.

The Rise and Rise of Market Relations in the British Public Sector: Implications for Industrial Relations

2002 ◽  
Vol 13 (1) ◽  
pp. 36-59 ◽  
Author(s):  
Bob Carter ◽  
Steven Davies ◽  
Peter Fairbrother
Keyword(s):  
Public Sector ◽  
Service Sector ◽  
Public Services ◽  
Central Government ◽  
Industrial Relations ◽  
The State ◽  
Employment Relations ◽  
The Public ◽  
Trade Unionism ◽  
Changing Patterns

Having outlined a traditional model of British public sector industrial relations, this article focuses on developments from the 1980s to 2001. It argues that there has been a reorganisation of the state through privatisation and an historical shift in employment relations, from the state as a ‘model’, administrative employer to an increasingly managerial employer. In effect, a depoliticisation of employment relations has taken place, with the withdrawal of central government from direct control over operational and organisational activity in the public services. As part of these processes, the public services in Britain have been marketised, with the creation of a public service sector, no longer defined by ownership but by the service provided. These developments are reflected in the changing patterns of industrial relations activity in the public services, with profound implications for trade unionism.

scholarly journals Burden of mental health disability in Kerala: A secondary time trend analysis from 2002 to 2018

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
J Joseph ◽  
H Sankar ◽  
D Nambiar
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Retardation ◽  
Public Sector ◽  
Human Resources ◽  
Mental Health Disorders ◽  
The State ◽  
The Public ◽  
Health Infrastructure ◽  
Health Disorders

Abstract The fourth target of Sustainable Development Goal (SDG) 3 advocates for the promotion of mental health and wellbeing. The Indian state of Kerala is recognized for its gains in health and development but has substantial burden of mental health ailments. Historical analysis is vital to understand the pattern of mental health morbidity. The current study focusses on comparable estimates available from three largescale population-based surveys in India to explore trends in prevalence of mental health disorders over the years and map resources and infrastructure available for mental health care in Kerala. We undertook a secondary analysis of national demographic surveys from 2002 to 2018 which reported information on mental health and availability of health infrastructure and human resources. Data were collated and descriptive analyses were conducted. We compared the national and state level estimates over the years to study the trend in the prevalence of mental health disability. The prevalence of mental retardation and intellectual disability in Kerala increased from 194 per hundred thousand persons in 2002 to 300 per hundred thousand persons in 2018, two times higher to the national average. The prevalence of mental illness increased from 272 per hundred thousand people to 400 per hundred thousand people in sixteen years. The prevalence was higher among males (statistical significance was not indicated) in mental illness and mental retardation. 2018 data showed that the public sector had 0.01 hospitals and 5.53 beds per hundred thousand persons available for mental health treatment. Results showed a substantial increase in mental health illness over the 16-year study period that has affected males and females, as well as all social classes of the state. The current health infrastructure and human resources in the public sector of the state are inadequate to meet the current burden of the problem and to ensure universal access to care for its population. Key messages The trend in prevalence of mental health disorders in the state is increasing across the years. There is a mismatch between the extend of the problem and resources available in public sector.

Up the Garden Path? Enterprise Bargaining and Decentralization in the NSW Public Sector

1995 ◽  
Vol 37 (2) ◽  
pp. 203-217 ◽  
Author(s):  
Michael O'Donnell
Keyword(s):  
Public Sector ◽  
New South ◽  
Industrial Relations ◽  
New South Wales ◽  
Green Paper ◽  
Garden Path ◽  
Reform Agenda ◽  
The Public ◽  
South Wales ◽  
The Impact

Decentralizing industrial relations within New South Wales is a central recom mendation of the Niland Green Paper (1989). Decentralism also represents the cornerstone of the New South Wales government's industrial relations reform agenda enshrined in the New South Wales Industrial Relations Act 1991. To date there has been little analysis of the impact o f this legislative change on industrial relations in the New South Wales public sector. This paper provides a case study that examines the degree to which responsibility for bargaining has been devolved within the Parks and Gardens of the New South Wales Ministry for the Environ ment. It argues that, in contrast to the rhetoric of the New South Wales Act, the central agency presiding over the introduction of enterprise bargaining in the public sector, the Public Employment and Industrial Relations Authority; has been reluctant to delegate responsibility to parties in the workplace.

ISO 9001 and the public service: an investigation of the effect of the QMS on the quality of public service organizations

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Jorge Armando López-Lemus
Keyword(s):  
Public Sector ◽  
Service Quality ◽  
Public Service ◽  
Public Services ◽  
The State ◽  
Iso 9001 ◽  
Knowledge Generation ◽  
Content Type ◽  
The Public

Purpose The purpose of this paper is to identify the influence exerted by a quality management system (QMS) under ISO 9001: 2015 on the quality of public services organizations in Mexico. Design/methodology/approach The methodological design was quantitative, explanatory, observational and transversal, for which a sample of 461 public servants from the state of Guanajuato, Mexico was obtained. To test the hypotheses, a structural equation model (SEM) was developed through the statistical software Amos v.21. For the analysis of the data, software SPSS v.21 was used. Regarding the goodness and adjustment indices of the SEM (χ2 = 720.09, df = 320, CFI = 0.933, TLI = 0.926 and RMSEA = 0.05) which, therefore, proved to be acceptable. Findings According to the results obtained through the SEM model, the QMS under ISO 9001: 2015 is positively and significantly influenced tangible aspects (β1 = 0.79, p < 0.01), reliability (β2 = 0.90, p < 0.01), related to response quality (β3 = 0.93, p < 0.01), guarantees (β4 = 0.91, p < 0.01) and empathy (β5 = 0.88, p < 0.01) of the quality related to public services in Mexico. The study’s key contribution is that it discovered that implementing a QMS in accordance with the ISO 9001: 2015 standard has an impact on the quality of public services, with the most influential quality of response. Similarly, the assurance and dependability of service quality turned out to be important in providing public service quality. Research limitations/implications In this paper, the QMS was only evaluated as a variable that intervenes in the process of obtaining quality in public service under the ISO 9001 standard in its 2015 version. In this regard, the results’ trustworthiness is limited to the extent that the findings may be generalized in the state of Guanajuato, Mexico’s public service. As a result, the scientific community is left primarily focused on service quality to promote new future research. Practical implications The ISO 9001: 2015 standard’s QMS is one of the tools for success in both the commercial and government sectors. However, there are practical limitations, which focus on the time during which managers exercise their vision in the public sector: first, the dynamics that managers play in public policy; second, the length of time they have served in public office; and third, the interest of directors of public institutions to improve the quality of service provided by the government. Other practical consequences concern organizational culture and identity, public servant commitment, senior management or secretaries of government, as well as work and training. Originality/value The findings of this paper are important and valuable because they foster knowledge generation in the public sector through the ISO 9000 quality area. A model that permits the adoption and implementation of a QMS based on the ISO 9001: 2015 standard in public organizations that seek to provide quality in their services offered to the user is also presented to the literature. Similarly, the paper is important because there is currently insufficient research focusing on the variables examined in the context of public service in Mexico.

scholarly journals Trade Union Practices in the EU and Latvia: Experience for Eastern Partnership Countries

2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Comparative Approach ◽  
Eastern Partnership ◽  
The Public ◽  
Social Dialogue ◽  
Eastern Partnership Countries ◽  
The Eu

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.

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