Impact Of National Industrial Law And Regulation On The Botswana Public Service

The implementation of the Fair Work Act 2009 which came into force on January 1st 2010, was to create a national workplace relations system for the purpose of setting wages and conditions of employment. This legislation is overlooked by the Fair Work Commission and ombudsman, whose role is to maintain a safety net of minimum wages and conditions and ensure compliance with the Fair Work Act. The creation of the Fair Work Act (2009) is to regulate business cooperation’s for the purpose of providing safety nets for minimum wages and entitlements, flexible working arrangements and ensure fairness at the workplace. Under the Fair Work Act 2009, ten National Employment Standards

Over the last two centuries the relationship between organizations and their employees have changed as the result of interactions between the two groups and in response to changing governmental legislation. During this period, labor unions arose to advocate for workers and address the inherent power imbalance between individual workers and organizations (Thornton, 2013). In workplaces were unions represent employees, Foss (2008), defines labor relations as the “ongoing interchange between the union and the employer that identifies their common and specific interests and creates mechanism to clarify, mange, reduce and resolve conflicts over their specific interests” (p. 1). The legal framework governing the practice of labor relations is

Labor relation issues have been on the forefront in the United States since the early 20th century when the first labor laws were passed (HG.org, 2015) Laws were enacted to govern the rights and responsibilities between employers and employees. The first phase of labor laws dealt with laws to compensation for injured workers, a standard minimum wage and work week and prohibit child labor (HG.org, 2015) In the 1960’s and ’70s, laws were focused on discrimination and unsafe work conditions, today issues include employee healthcare and equal pay for men and women (HG.org, 2015).

Industrial relations → management of employees: pay rates, encouraging union representation, individual contracts or wage agreements with whole workforce

Baird, W. C (2012): Government-Sector Unionism and Human Rights: Springer Science Business Media: http://dx.doi.org/ DOI 10.1007/s12142-012-0237-z

The learners are requested to present the speech on the following areas of Industrial Relations and are requested not to use any Power Point presentation. They are allowed to use any creative method of presentation.

The most important source of law governing industrial relations is ‘legislation’ which is enacted by Parliament. Legislation can allow a Minister or a statutory body to issue Codes of Practice (CoP), most relevant CoP are issued by ACAS, Equality, Human Rights Commission, Information Commission and the Secretary of State. In the UK our case law approach means that we are bound by the decisions of judges in higher courts however UK courts must follow the decisions and guidance given by the Court of Justice of the European Union as European Law does take precedence over Domestic law.

The literature to be utilized for this preliminary assessment will include a review of the history behind this employment law policy. Proceeding will be an evaluation of the political context of the proposed regulation, in an effort to gain an understanding of where the proposal stands with public proponents and oppositionist. This assessment of the political context also lends itself to be followed by an analysis of where the policy currently stands within the legislative

With increased awareness and technological advancement across the globe, workforce rights have gained significant importance. All the companies have become conscious about providing rights to their workforce because of their increased importance for the company's growth and progress. Labor rights have gained significance in the law of every country. It refers to all claimed set of legal rights that are guaranteed by labor and employment law. It has become a necessary part of the constitutions of all the countries across the globe (Cleveland, 1998). These rights have multiple forms like compensation and benefits, salary of the workforce, pension, gratuity, rewards, perks and safe working conditions. With this increased significance of the rights of workforce, labor unions have become strong and have gained the authority to change the

The political system of governance in a country determines the extent of the involvement of the state in the labour relationship. In a democratic system, the intervention of the state is supposed to be limited. The free market system determines the labour relationship. In this environment the role of trade unions is limited as is that of conflict and industrial action. Labour legislation covers the bare minimum and employers are often only responding to the demands of the market. On the other side of the political spectrum, the state controls and owns all productive resources. The labour relationship is regulated and there is no need for trade unions. Between these extremes, countries have, to a greater or lesser degree, some form of regulation of the labour relationship through legislative frameworks. In advanced democracies, the fundamental human rights of individuals and employees are protected by the constitution. Labour market intervention in these countries is normally because of economic reasons. In South Africa, there has always been state intervention in the labour relationship. During the apartheid era there was a dual system in labour relations. There was a legislative framework governing white workers and a separate framework governing other workers. The implemented recommendations of the Wiehahn Commission in 1979, lead to

Public Employment Relations Boards (PERBs) are federal government or state appointed agencies that are responsible for resolving collective bargaining disputes, determining the bargaining units, monitoring representing elections, selecting a bargaining agent and solving the employment and labor related disputes of employees working in the public sector. Bargaining is the process through which employers and employees negotiate the terms of work and set them down in a formal contract that lays out all of the rules and regulations. Each side nominates a representative, so both labor and management are able to convey their terms and conditions and reach a mutually satisfactory agreement. Public Employment Relations Boards (PERBs) also ensure that the employees of public sector departments are not at the receiving end of any unfair labor practices. This paper will examine three Public Employment Relations Boards, the ones for California, Delaware and the District of Columbia.

The case which reflects industrial conflict the best is the case of Secretary of State for Employment v ASLEF (1972). In this case railway employees were instructed by their trade union officials to work to rule. The employees were told to ban overtime aswell as Sunday and rest day working. All employees were requested to follow all directions within their railway rule book and to not take on any additional duties. This however led to various different problems. The ASLEF stated there had been no breach as they only followed rules from their rulebook. Employees were also told there should not be any issues to delay trains. In this case the issue was whether the inions conduct lead to an industrial conflict. In this case it was held there was breach of conduct by the railway employees.

In this report, it is my contention that labor-management relations are ready to undergo another stage of development. We are going to examine two

According to Section 2 (k) of the Industrial Disputes Act, 1947, Industrial dispute means “any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms and conditions of employment or with the conditions of labor, of any person.”21

Both Management and employees need to be educated about the laws governing Industrial Relations in Jamaica. In doing so, parties would be cognizant that trade unions have been apart of the social arrangements in organization for a long time and any experience gained from the exercise could be of immense value in the future.