scholarly journals ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback

1990 ◽  
Vol 29 (3-4) ◽  
pp. 350-354
Author(s):  
Zafar Mehmood
Keyword(s):  
Labour Market ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Moral Authority ◽  
Collective Agreement ◽  
Labour Relations ◽  
Code Of Practice ◽  
Codes Of Practice ◽  
The Status ◽  
The Government

ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback. ILO/ARPLA. Monitoring Labour Markets. Bangkok: ILO (ARPLA). 1987. 11Opp.US $ 3.00 Paperback. ILO/ARPLA. Managing Contract Migration: Philippine Experience Observed. Bangkok: ILO (ARPLA). 1987. 68pp.US $ 3.00 Paperback. All three books deal with various issues concerning the labour market, such as basic agreements on industrial relations, labour market information, and managing temporary migration. (i) A Code of practice in industrial relations is a collective agreement and a moral instrument of voluntary partnership. The agreements are most often concerned with development and are not related exclusively to conflict resolution or conflict avoidance as explicit goals. It is not a Code of law, yet it determines the range of the moral authority of laws in practice. In many ways, a Code is the core of an industrial relations system. The objects of a Code are: to maintain discipline and industrial pace, to achieve greater industrial harmony, to develop and promote a compatible system of labour relations to ensure justice and fairness, and change in" work attitudes and productivity. The structure of a Code must incorporate elements of the approach to dispute settlement; the criteria for recognition of unions for consultation, the status of grievance- and consultative-machinery, and the status of the partism. The book on the Codes of Practice addresses the question as to how these objectives have been aligned structurally in the industrial relations of six Asian countries; India, Indonesia, Malaysia, Philippines, Singapore, and Thailand. The Indian Code of Discipline is such that the government is not a party to the agreements between management and union_ However, the government does keep the administrative machinery in good order. By structuring the agreements in three parts, responsibility is distributed in three spheres. For instance, industrial disputes, strikes, and lockouts have been placed in the joint sphere. Workload composition, employers' labour practices, and administrative responsiveness have been placed in the sphere of management, while the sphere of the union includes union activities. Thus, the Indian Code is prepared in such a way that violation of a single Code leads to total violation in both the joint and individual spheres. This dependence is both the substance and the moral authority ofthe Code.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

scholarly journals COVID-19 in Southeast Asia: Implications for workers and unions

2021 ◽  
pp. 002218562110000
Author(s):  
Michele Ford ◽  
Kristy Ward
Keyword(s):  
Public Health ◽  
Southeast Asia ◽  
Labour Market ◽  
Industrial Relations ◽  
First Year ◽  
Labour Relations ◽  
The Public ◽  
Market Effects ◽  
Export Orientation ◽  
Health Measures

The labour market effects in Southeast Asia of the COVID-19 pandemic have attracted considerable analysis from both scholars and practitioners. However, much less attention has been paid to the pandemic’s impact on legal protections for workers’ and unions’ rights, or to what might account for divergent outcomes in this respect in economies that share many characteristics, including a strong export orientation in labour-intensive industries and weak industrial relations institutions. Having described the public health measures taken to control the spread of COVID-19 in Indonesia, Cambodia and Vietnam, this article analyses governments’ employment-related responses and their impact on workers and unions in the first year of the pandemic. Based on this analysis, we conclude that the disruption caused to these countries’ economies, and societies, served to reproduce existing patterns of state–labour relations rather than overturning them.

Trade Unions and the Quadripartite Interactions in Strike Settlement in China

2010 ◽  
Vol 201 ◽  
pp. 104-124 ◽  
Author(s):  
Feng Chen
Keyword(s):  
Conflict Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Chinese Government ◽  
Labour Relations ◽  
Mediating Role ◽  
Social Basis ◽  
Low Degree ◽  
The Government

AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government but also between workers and employers. The process involves certain explicit and implicit rules, as well as distinct dynamics. This research examines the institutional and social basis of quadripartite interaction and how it led to the settlement of strikes. It demonstrates that although it can effectively defuse workers' collective action, a quadripartite process of conflict resolution reflects a low degree of institutionalization of industrial relations in China.

scholarly journals An Inconvenient Mirror: Do we already have the next Mental Health Act?

2014 ◽  
Vol 1 (13) ◽  
pp. 138
Author(s):  
David Hewitt
Keyword(s):  
Mental Health ◽  
Broad Definition ◽  
Code Of Practice ◽  
Mental Health Act ◽  
The Status ◽  
Recent Developments ◽  
The Government ◽  
Draft Bill ◽  
Definition Of ◽  
Key Aspects

<p>The Government intends to replace the Mental Health Act 1983, and the most recent of its proposals were contained in the Draft Mental Health Bill published in June 2004.</p><p>The 1983 Act is now very different to the statute introduced at the end of 1982. Parliament and the courts have made a number of significant changes over the last 20-odd years, and they have brought us a lot closer to the next Mental Health Act than many people – and possibly even the Government – suppose. In fact, those changes may have brought us rather close to the Draft Mental Health Bill. That will be an uncomfortable thought for many people.</p><p>This paper will consider five key aspects of the Draft Mental Health Bill:</p><p>• the provisions dealing with risk and treatability;</p><p>• the notion of compulsion in the community;</p><p>• the status of the Code of Practice; and</p><p>• the abolition of the Approved Social Worker.</p><p>The paper will ask whether, because of the changes of the last two decades, the current Mental Health Act has already arrived at much the same point. In addition, the paper will consider the position of incapable patients. Although the Draft Bill contains precious few proposals about them, the paper will ask whether recent developments have made a broad definition of mental disorder all but essential.</p>

scholarly journals Mechanism of Regulating Informal Employment on Russian Labour Market

2020 ◽  
Vol 17 (4) ◽  
pp. 103-112
Author(s):  
M. I. Glinskaya
Keyword(s):  
Labour Market ◽  
Work Force ◽  
Informal Employment ◽  
Economic Conditions ◽  
Labour Relations ◽  
Market State ◽  
New Form ◽  
The Government ◽  
Radical Solution ◽  
Conditions Of Employment

In conditions of globalization, computerization of work places, use of flexible forms of employment it is necessary to design new radical solution aimed at regulating and stabilizing the situation connected with the rise in informal employment of the population. The article provides author’s mechanism of regulating informal employment on Russian labour market, which covers tools being used now and those put forward by the author: a new form of individuals’ work, i. e. state-freelance partnership and a tool of regulating social and labour relations on federal, regional and municipal levels on the basis of studying international and Russian normative and legal acts in the field of employment. The key goal of the mechanism is to involve informally employed population in work based on official conditions of employment. This mechanism is not a drastic solution for struggling informal employment, it is aimed at raising the work force interest in leaving the shadow employment. In unfavorable economic conditions connected with the corona-virus infection, reducing the number of jobs, loss of work by people this mechanism can act as a program of improving the situation on Russian labour market. State support in this period can raise loyalty to measures introduced by the government, whose aim is to regulate informal employment.

Labour Relations in the New Economic Environment

1993 ◽  
Vol 18 (3) ◽  
pp. 3-12 ◽  
Author(s):  
N R Sheth
Keyword(s):  
Economic Policy ◽  
Trade Unions ◽  
Global Economy ◽  
Full Employment ◽  
Industrial Relations ◽  
Responsibility To Protect ◽  
Mutual Trust ◽  
New Economic Policy ◽  
Labour Relations ◽  
The Government

The process of rationalization and liberalization dominating the government's new economic policy (NEP) is an inevitable part of India's need to exist and grow with dignity in the emerging global economy. While this implies freedom and flexibility for industry, this has also led to incidence of labour redundancy, unemployment and casualization. With the government committed to full employment in the current five-year plan and the trade unions bearing a crucial social responsibility to protect workers' interests, the industrial relations issues involved in NEP need to be resolved amicably. This paper by N R Sheth examines these issues in detail and discusses the need for a meaningful dialogue among the various concerned parties in an atmosphere of mutual trust.

scholarly journals Eksistensi Hukum Acara Perdata dalam Penyelesaian Perselisihan Hak tentang Upah pada Pekerja Honorer di Indonesia

2019 ◽  
Vol 4 (2) ◽  
pp. 75
Author(s):  
Dian Ferricha
Keyword(s):  
Bargaining Power ◽  
Dispute Settlement ◽  
Legal Aspect ◽  
Industrial Relations ◽  
Employment Relationships ◽  
The Public ◽  
Procedural Law ◽  
Contractual Agreements ◽  
The Government ◽  
The Public Sphere

Rights disputes often occur in employment relationships in various sectors, mainly related to wages. Where wages are the pulse of workers and as a form of reward for work carried out on orders from superiors. Workers who are weak in their current bargaining power that has not been resolved legally and whose energy is still needed in the work of the public sphere both government, health and education are honorary workers. Where honorary workers are workers who are appointed by staffing officials or other officials in the government to carry out certain tasks in government agencies that are paid voluntarily through contractual agreements or in the form of decrees. In the legal aspect, they have no clear protection, are categorized as workers in industrial relations or are workers shaded by the state civil service law. This is a legal vacuum in its protection. Not to mention, when they demanded their rights in the form of wages paid below the district or provincial minimum wage standards. This is what was raised in this article because if it is not resolved when the problem is resolved through litigation, the legal basis used is not only the law on industrial relations disputes in the industrial relations court but also based on civil procedural law in the general court. This article uses a normative juridical method are based on legal materials that are normative-prescriptive. This article is very interesting to study more deeply and for this article it was created to recommend legal breakthroughs on problems that occur, one of which offers clause clauses in civil procedural law to order parties to disclose documents during the verifi  cation process when settling rights on wages to workers honorary is brought into the realm of litigation, wherein one of the articles of the Industrial Relations Dispute Settlement Act it is stated that what applies in Industrial Relations Disputes is ordinary civil procedural law unless otherwise stipulated.

scholarly journals Award, Agreement or Nothing? A Review of the Impact of S132(a) of the Labour Relations Act 1987 on Collective Bargaining

1970 ◽  
Vol 17 (2) ◽  
Author(s):  
Raymond Harbridge ◽  
Stuart McCaw
Keyword(s):  
New Zealand ◽  
Collective Bargaining ◽  
Industrial Relations ◽  
Collective Agreement ◽  
Court System ◽  
Labour Relations ◽  
The Media ◽  
The Impact ◽  
Court Of Appeal

The on-going saga of the G.N. Hale redundancy dispute appears now to have run its course. From grievance committee, to the Labour Court, to the Court of Appeal, and back to the Labour Court, the case has attracted considerable attention - from the media and naturally from industrial relations practitioners, eager to learn the view of the New Zealand court system on the vexed matter of redundancy compensation. In the most recent Labour Coun decision on Hale (WLC89/90), Goddard C J held that while the employer was able to prove that the worker was genuinely made redundant the dismissal was unjustifiable because "the circumstances called for the payment of compensation; none was paid; and the amount that was offered and refused was fixed by unilateral decision of the employer and was inadequate". The effect of this decision is profound. Employers planning to make employees redundant have a new set of requirements to meet before their actions can be taken as justifiable. While it will remain the case that there is no right to compensation for a dismissal on the grounds of redundancy unless that right is conferred by a redundancy agreement or by an award or collective agreement, there may still be a right to compensation if the dismissal, although genuinely on the grounds of redundancy, is unjustifiable and thereby gives rise to a successful personal grievance. An employer will now need to focus on the circumstances of the redundancy to detetuaine whether it calls for compensation and where it does, the employer will need to offer, and have accepted, compensation that is both adequate and negotiated.

scholarly journals INDUSTRIAL RELATIONS IN A HIGH-INCOME NATION: IS MALAYSIA READY?

2020 ◽  
Author(s):  
Siti Zaharah Jamaluddin ◽  
Mohammad Abu Taher ◽  
Ng Seng Yi
Keyword(s):  
Labour Force ◽  
New Technology ◽  
Industrial Relations ◽  
National Income ◽  
Economic Transformation ◽  
High Income ◽  
Industrial Society ◽  
The Status ◽  
The Government

Industrial relations is one of the most delicate and complex issues in a modern industrial society. Industrial progress is well-nigh impossible without the cooperation of the labour force and the harmonious relationship between employers and employees. Therefore, it is in the interest of all to create and maintain the good relationship between employers and employees. Malaysia, as one of the South East Asian countries, hopes to be a high-income nation by 2024. In order to achieve the status of high income nation, the government of Malaysia has introduced the Economic Transformation Programme (ETP). ETP will help Malaysia to triple its Gross National Income (GNI) from RM 660 billion in 2009 to RM 1.7 trillion in 2020. The status of high income nation is said to be achieved, among others, via innovation, creativity, higher productivity, new technology and the development of a multi-skilled and highly skilled workforce as well as healthy industrial relations. As such, in underlining industrial relations in a high-income nation, this article is an attempt to examine the role of the Malaysian industrial relations of today. It will also portray whether changes are required in Malaysian industrial relations in order to be relevant in a high-income nation.

scholarly journals PEMBERDAYAAN ARBITRASE SEBAGAI LEMBAGA PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN DALAM PERSPEKTIF POLITIK HUKUM

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 167
Author(s):  
Gindo L. Tobing
Keyword(s):  
Trade Unions ◽  
Dispute Settlement ◽  
Industrial Relations ◽  
Legal Certainty ◽  
Institutional Approach ◽  
Political Perspective ◽  
Industrial Disputes ◽  
The Government

Arbitration is not well known, especially by the workers/laborers because of lack of internalization by the government, trade unions/workers and by employers. So until now there has been no industrial disputes are resolved through arbitration. With a variety of reasons the parties prefer the Industrial Relations Court (PHI) rather than arbitration and other settlement alternatives (conciliation) even prescribed pattern that justice can only be obtained through the courts alone. Changing the paradigm so that people do not always think only through PHI, justice and legal certainty can be obtained (justice in many rooms) arbitration should be empowered to propose improved regulation (amendment through MK), the institutional approach, culture, law. Model arbitration offered so-called Arbitration Pancasila because at each stage of the examination should be preceded by consensus, peace. Legal political perspective of stakeholders will give birth to the dispute settlement mainstreaming regulation on fairness, expediency and legal certainty through arbitration institutions.Kata Kunci: Pengadilan Hubungan Industrial, Pemberdayaan Arbitrase, Model Arbitrase dan Perspektif Politik Hukum

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