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 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.

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 International Labour Law Standards Concerning Collective Bargaining in Public Essential Services

2014 ◽  
Vol 19 (2) ◽  
pp. 275
Author(s):  
Giuseppe Carabetta
Keyword(s):  
Public Sector ◽  
Collective Bargaining ◽  
Police Officers ◽  
Dispute Settlement ◽  
Public Employees ◽  
Labour Law ◽  
Public Sector Employees ◽  
Essential Services ◽  
Labour Standards ◽  
The Right

Labour standards adopted under the auspices of the ILO constitute the principal international influences on public sector collective bargaining; it is those standards that are the subject of this article. Focusing on the position of essential public sector employees, ILO principles concerning collective bargaining, dispute settlement and the right of workers to withdraw their services as part of bargaining are examined. Particular attention is devoted to the application of ILO standards to essential public sector employees and police officers; and the extent to which Australian law complies with these standards. The ILO supervisory bodies have acknowledged that restrictions on the general right of workers to collectively bargain and to strike can be justified in the case of essential public employees, but only on a minimal or proportional analysis. The ILO has also emphasised that any restrictions on the right to strike must be compensated by adequate, impartial and speedy conciliation and arbitration processes. It is shown, however, that with respect to essential public employees and police officers operating under the Fair Work Act 2009 (Cth), Australian law falls short on both of these scores, with a resultant uncertainty regarding the right of these workers to bargain collectively.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals Vision d'une révision du Code du travail

2005 ◽  
Vol 20 (4) ◽  
pp. 901-934
Author(s):  
Pierre Verge
Keyword(s):  
Collective Bargaining ◽  
Third Party ◽  
Collective Agreement ◽  
Labour Law ◽  
Legal Rules ◽  
Third Party Intervention ◽  
General Law ◽  
Legal Provisions ◽  
Labour Standards ◽  
Substantive Law

Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.

Part IV Activities of Organizations, Ch.22 Labor

2016 ◽  
Author(s):  
Langille Brian
Keyword(s):  
International Organizations ◽  
Human Freedom ◽  
Social Outcomes ◽  
Labour Law ◽  
Alternative Account ◽  
Economic Progress ◽  
Significant Events ◽  
Labour Standards ◽  
The Creation ◽  
International Labour Standards

This chapter examines ‘labor’ as an issue which international organizations have attempted to regulate over the last century by using legal and other techniques to construct modes and structures of governance. It begins by setting out the five reasons why the terrain of labour is especially difficult for IOs to negotiate. It then considers how these reasons both structure and complicate the competing narratives of the labour issue, in the context of the roles and actions of prominent IOs as well as significant events and debates. It is argued that the long-held narrative about international labour standards as a necessary cost to be paid in order to either to constrain markets in the name of fairness, or to avoid radical social outcomes, is today inadequate. Rather, a new, alternative account is needed: that labour law can be, and is best seen, as holding positive value for both the creation of real human freedom, just societies and economic progress.

scholarly journals DETERMINING THE THRESHOLD FOR ORGANIZATIONAL RIGHTS: THE LEGAL QUAGMIRE FACING MINORITY UNIONS RESOLVED – South African Post Office v Commissioner Nowosenetz No (2013) 2 BLLR 216 (LC)

Obiter ◽  
2021 ◽  
Vol 34 (3) ◽  
Author(s):  
Clarence Tshoose
Keyword(s):  
Collective Bargaining ◽  
South African ◽  
Trade Union ◽  
Trade Unions ◽  
Post Office ◽  
Labour Relations ◽  
Industry Level ◽  
Pluralistic Approach ◽  
The Right ◽  
Conditions Of Employment

The issue of organizational rights facing minority unions has been a quagmire since the advent of the Labour Relations Act 66 of 1995(hereinafter “the LRA”). This quagmire exists, notwithstanding the fact that the Constitution affords every trade union the right to engage in collective bargaining (s 23 of the Constitution, 1996). The acquisition of organizational rights by trade unions plays a crucial rolein as far as collective bargaining is concerned. It is through collective bargaining that unions are able to negotiate with employers regarding the terms and conditions of employment. Commentators have often viewed the LRA as favouring larger unions and as conferring clear advantages on unions with majority support at the industry level. Chapter III of the LRA regulates collective bargaining. Whereas this chapterostensibly promotes a pluralistic approach to organizational rights it is unequivocally biased towards majoritarianism. This is the case despite minority trade unions fulfilling an important role in the current labour system especially when it comes to the balance of powerin the employment arena. In light of the above, the legal quagmire faced by the minority unions in the quest for acquiring organisation rights in terms of the relevant provisions of the LRA is clearly illustrated by the decision in South African Post Office v Commissioner Nowosenetz No ((2013) 2 BLLR 216 (LC) (hereinafter “ the South African Post Office case”)).

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 The ILO and Transformation of Labour Law

2020 ◽  
pp. 17-49
Author(s):  
Ulla Liukkunen
Keyword(s):  
Trade Unions ◽  
Multinational Enterprises ◽  
Social Protection ◽  
Decent Work ◽  
Labour Law ◽  
Labour Rights ◽  
Contractual Arrangements ◽  
Labour Standards ◽  
International Labour Standards

Abstract The article explores some of the biggest challenges to the ILO caused by globalization and altering of the collective labour rights scene. It examines the recent transformation of collective bargaining regimes at national and transnational level and the consequences for normativities that characterize the relationship between labour law and the system of international labour standards. Domestic bargaining regimes are influenced by decentralization whereas in a transnational setting, with the phenomena of contractual arrangements between multinational enterprises and trade unions or other employee representatives, transnational collectivization of labour law is occurring. The process of transnationalization of labour law affects the traditional labour law paradigm with profound consequences for our understanding of the purpose and role of labour law. The transformation of labour law highlights regulatory developments that require reinforcement of the role of fundamental labour rights. Building a perspective on major global challenges to the ILO at the beginning of its second centenary requires an assessment of the labour question in terms of flexibility and vulnerabilities. This raises the question of inclusivity, calling for the ILO decent work agenda, employment creation, social protection, rights at work and social dialogue, all to be more firmly integrated in global regulatory approaches to work.

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