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Published byRalph Wade Modified over 9 years ago
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Chapter 8 Employment Laws
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Employment Act Industrial Relations Act Trade Unions Act Trade Disputes Act Workmen’s Compensation Act Retirement Age Act Workplace Safety & Health Act Employment of Foreign Workers Act
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Employment Act Terms & conditions Rights & duties Contract of service Termination Grievance Salary: payment & deduction Hours of work, working days, rest days, holidays Leave entitlement Retrenchment Annual wage supplement
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Industrial Relations Act Rights & duties of employers, employees Prevent disputes - collective bargaining - conciliation - arbitration Rights of representation Granting leave to do union work Discrimination against union members
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Collective Bargaining Invitation by employer or union Acceptance to negotiate Conclude within 14 days
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Collective Agreement Validity In writing Deposit with IAC Certified by IAC Duration - not less than 2 years - not more than 3 years
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Collective Agreement Contents Can contain - industrial matters pertaining to - terms of employment - conditions of work Cannot negotiate: - Promotion, transfer - Hire, dismiss - Retrench - Assignment of work
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Submitting Dispute to Arbitration By: joint application either union or employer
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IAC: Constituted by President and 2 panel members President alone: - certification of CAs - victimisation cases IAC decision is final
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Trade Unions Act Register & supervise unions Forming a union - 7 members to register - rules not unlawful - rules not against interests of group Definition of union - promote good employment relations - improve work conditions and status - increase productivity
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Trade Unions Act Form or join union Rules are not unlawful Workers under contract of service At least 18 years old
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Trade Unions Act Rights & responsibilities Strike: conduct secret ballot Officer of a trade union Trustees of the union Use of union funds Dissolution of union
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Trade Disputes Act Control disputes, strikes & industrial action Industrial action - Restrict or delay duties - Strike: refusal to work - Lockout: closing workplace - Picketing: placing oneself near workplace - Intimidation: force others not to work
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Workmen’s Compensation Act Compensate injured workmen or dependants To whom payable When payable Alternative to compensation Calculation How to claim Protecting right to compensation
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Retirement Age Act From: 1.1.99: age 62 Employers may seek exemption Appeal and compensation
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Workplace Safety & Health Act Three Principles - reduce risks at source - require industry to take greater ownership of safety outcomes - prevent accidents
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Employment of Foreign Workers Act Definition of foreign worker Obligation of employer with foreign workers Work permit Work permit holder
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Committee on Retirement Age Recommendations Moderate cost of extension Retrenchment benefit Extension beyond 60 Base-up wage system Alternative medical scheme
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Executive Representation IRA and TUA amended in 2002 To allow limited representation for executives by a rank-and- file union Represent individually and not as a class
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