Tripartite Relationship

Employment Law helps to govern the relationships between the employee and the employer with relations to guidelines.

More than seventy-five years after the enactment of the National Labor Relations Act, is there still a place for unions? The solution may lay in the definition of labor itself.

Throughout the 20th century, Australia has maintained a system of tribunals to make decisions about wage and non wage outcomes and to help resolve industrial disputes. Institutional forces affect the operation of the free market in order to improve labour market outcomes, such as guaranteeing minimum wages and conditions. The four institutional forces that affect labour markets are Governments, Trade Unions, Employer

As I got older, the knowledge that my father negotiated with his very own employers in order to ensure that his coworkers would also reap the benefits the entire union fought for affected me on personal a level; to know that the man who drove me to school and bought for me school supplies each year also carried a responsibility to his co-workers made me rather proud. However, despite the fact that I grew up the daughter of a Union Steward, I also grew up as a teenager in today’s society: one that no longer suffers from such rampant corruption that induced misfortunes such as illegal instances of child labor: a calamity also solved by a committee aiming to better working standards. My view of labor has always been through rose-tinted glasses thanks to modern times; I really only knew of the exploits that my father had experienced from what he told me, forms recounting various union related news lying in heaps on the dinner table, and snippets on the news or the lightly-touched upon topics in my Consumer’s Education

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

Unions have a long and sometimes contentious history in Canada, although they are also the source of many of the labour laws and standards that we have come to accept as normal. However, since the 1980s, an increasing trend towards favouring neoliberal policies has erased many of the social welfare and employment standards gains by unions, with particularly harsh effects on more vulnerable populations including women, immigrants, younger workers, and Aboriginal peoples. A striking example of these shifts is seen in the restaurant sector in B.C., where recent controversies with Canada’s temporary foreign worker program has at least brought some discussions of worker’s rights to the headlines in regional and national newspapers. Unfortunately, despite this new attention the current political climate continues to be hostile to workers’ groups and to workers’ rights.

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

It is evident that curtailing the power of unions by reducing membership will not give employees more freedoms. It is also too risky to wait and see if right-to-work laws create new jobs opportunities. Throughout history unions have been the driving force in achieving positive changes for employees against companies that to this day are still putting “profits ahead of workers”. Unions battled and won the eight-hour day, child labor laws, overtime pay, pensions, and workplace safety regulations. So when companies cannot be persuaded to provide for their workers, unions become the organized force behind the

From early 2006, ‘WorkChoices’ legislation has claimed to invoke protection against unfair dismissal for employees and prioritized individual contracts to undercut award conditions. It also restricted union on accessing to workplaces and industrial action Overall, the main external challenges are caused by financialization which including restructured product and labour markets, antagonistic employers and legislation restriction. In addition, internal challenges contained declining in resources and memberships, which made unions realised that small unions could not survive in a neoliberal environment. Thus, a structural reform of merger wave would be embarked to respond a declining density, resulting in increased membership services and union power.

Employers initially resisted unions as they were seen as a ‘tool of worker power’, and some countries even banned the groups all together (Baoill 2011). Although these restraints have been lifted, restrictions and guidelines have been put in place by government bodies to govern union activity; and employees internationally have the right to form unions (Baoill 2011).

The legal system plays a vital part in balancing the rights and responsibilities of employers and employees. The extents to which these rights and responsibilities are adequately balanced by the law are lacking in certain areas and as a result non-legal avenues of maintaining this equilibrium are pursued. The legal system attempts to provide sufficient guidance for workplace related issues in the reform brought about by the 2009 Fair Work Act (Cth) and the regulations it has implemented. However, whilst issues such as discrimination, safety, leave and Termination of employment highlight the significant deficiencies of the legal system, they also serve as evidence of the substantial effort of the law in providing justice for employees and employers. The legal system makes is vital to ensuring a safe and just environment in the workplace however further

This essay will answer the three essay questions put forward. Firstly, it will briefly explain what is meant by employer militancy. It will outline the main features of the aggressive approach adopted by employers in their relations with trade unions since the 1980’s. Secondly, this essay will describe the changes in employer actions towards unions. It will outline the different phases that have

This essay will argue that the concept of ‘worker’ defined under section 230 of the Employment Rights Act (“ERA”) 1996 is board; however, due to the undefined scope of section 230(3) of ERA 1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that there is a ‘high degree of legal uncertainty’ as established in this area of law; that the law does not adequately deal with non-standard forms of ‘workers’; present proposals for reform by the UK Parliament on the interpretation and application of law at common; and finally provide a conclusion for the arguments put forth.

An employment relationship describes the dynamic, interlocking economic, legal, social and psychological relations that exist between individuals and their work organizations. Palgrave Macmillan (2013), Glossary [online] Available at: < http://www.palgrave.com/business/brattonandgold/glossary/glossary.htm> [Accessed 17th September 2013]. Factors that impact on this relationship both have a detrimental effect to the running of a business. I will focus on two internal and two external. These being:

Marxism and Labour Theory - The Conflicts between Employee and Employer 1. Introduction 1.1 Overview on the essay topic To organisations, employees (labours) are wonderful resources, because they are compact and multi-purpose, capable of simple manual tasks or dealing with complicated machines, most importantly, they are the profit maker for their employers. However, there is always a problem between employees and employer. Any attempt to manager in a humane way, by consensus, is doomed to failure because of the irresolvable conflict between employees and their employers.