Government Employees and Right to Strike
– right to strike – At present, in the absence of any legislation in government employees the right to strike, recognizing their right to do so, or regulating the exercise of such right, they are prohibited from striking by express prohibition of MC No. 6 and as implied in EO 180.
The 1987 Constitution, in the Article on Social Justice and Human Rights, provides that the State "shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law" [Art. XIII, Sec. 31]. Resort to the intent of the framers of the organic law becomes helpful in understanding the meaning of these provisions. A reading of the proceedings of the Constitutional Commission that drafted the 1987 Constitution would show that in recognizing the right of government employees to organize, the commissioners intended to limit the right to the formation of unions or associations only, without including the right to strike. Considering that under the 1987 Constitution "the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters" [Art. IX(B), Sec. .2(l) see also Sec. 1 of E.O. No. 180 where the employees in the civil service are denominated as "government employees"] and that the SSS is one such government-controlled corporation with an original charter, having been created under R.A. No. 1161, its employees are part of the civil service [NASECO v. NLRC, G.R. Nos. 69870 & 70295, November 24,1988] and are covered by the Civil Service Commission's memorandum prohibiting strikes.
...Redundancy and dismissal,
Union rights and consultation,
Health and safety laws cover the work conditions, and minimum wage and other laws set basic compensation levels.
The Disability Act, Manual Handling Operations and Regulations, Data Protection Act, The Medicine Act, General Social Care Council code 2001, RIDDOR 1995 and more protect the employees and their rights in the workplace.
List the main features of current employment legislation.
The main features of current employment legislation are the protection of employeerights in the workplace and the rights of the employers. The legislations are here to make sure that both sides fulfil the lawful terms of their contracts and to make sure that both sides are treated fairly. The current employment legislation is there to protect workers and to guide, regulate and set standards for within the workplace. Employment legislation provides rights and restrictions on workers and management through a legal relationship. The current employment legislation makes sure that there is equality in a safe working environment.
Outline why legislation relating to employment exists.
Legislation relating to employment exists for the protection of workers’ and employers’ rights. Legislation exists to stop the exploitation of workers by their employers and...
|The Right to Strike |
|Mini Case 3 |
Seven of the employer’s 11 concrete truck drivers met several times during the week of September 16 to discuss their current wage rates, the lack of a medical insurance plan, and whether they should consider joining a union. Four of seven employees signed union authorization cards after meeting a representative of the national truck drivers’ union. Seven employees presented to the company’s plant manager on Friday September 20. The letter stated, “Today all employees wish to express a silent strike in pursuance of the right that our salaries be increased to $5.75 per hour. We will not work today… until an accord is reached.”
The company president meet with seven employees and told them that the company was in no position to give any wage increase; however, steps were already underway to establish a medical insurance plan by the end of the year. The seven employees met outside of the plant and decided the company’s position was unacceptable.
The board of...
...Situation A. The Family and Medical Leave Act entitles those eligible up to twelve weeks leave per each postal year for a new child in the family, whether it be by birth, adoption or placement in foster care. It also allows for leave if the employee themselves has a serious health condition that prevents them from performing the job or caring for a family member that has a serious health condition. Lastly, it also guarantees those eligible up to twenty-six weeks of leave in a postal year to care for a covered service member, as long as the service member is their spouse, parent or next of kin.
Employee A took a leave of absence because his spouse prematurely gave birth to twins. After being on leave for eleven weeks, he asked to return to work and receive the withheld salary from his eleven-week leave. The new manager that is working has given the employee back his job at the previous rate of pay but has denied him his request for the eleven week withheld salary.
Given the situation, there has been no violation because “the FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave” ("Family and medical," 2012).
Situation B. The Age Discrimination in Employment Act of 1967 protects individuals forty years and older from...
The issue of employers’ and employees’ rights has always brought controversy in most companies. Some rights are expressly known like the right of employees to get paid after working for the agreed period of time among others. However, there are those things done by the employers that most employees feel are too private. Employees feel that some things done by the employers are an intrusion to their privacy. This paper will discuss issues on whether the employer has a right to review the employees’ email. It will look at both the employers and the employees’ perspective and what the law says about the issue.
Employees and employers have reciprocated obligations towards each other. These duties are usually expressed before or when they are signing the employment contract. It is always vital for both the employers and the employees to know their obligations and rights so that they can avoid breaching the contract and other collisions. The law on employment covers all the obligations and rights related to the relationship between employees and employers (Weckert, 2005). These apply to the job applicants, former and current employers or employees.
Since the employment relationships are very complex, the laws of employment cover legal issues like workplace safety, taxation, wages, wrongful termination and various ways of discrimination. Most of the stated issues...
...economic foundation upon which all employees may build a future. However, Company also recognizes that employees and management alike must sometimes initiate change. In this regard it is expressly understood that your employment is “at will.” Thus, you retain the right to terminate your employment with the company at any time for any reason and the company retains a corresponding right to end the employment relationship at any time for any reason.
This handbook is not intended as a formal or exhaustive statement of employeerights and responsibilities, nor is it a contract of employment. This handbook is composed of general statements of the company’s current policies, rules, procedures and benefits. We feel strongly that we must retain flexibility to meet future economic challenges. Accordingly, the company reserves the right to amend, modify and/or eliminate any of these policies, rules, procedures and benefits at any time at the company’s sole discretion, with or without prior notice. On termination for any reason, you are only entitled to those benefits that are offered at the time your separation takes place. Any benefits offered in this manual apply only so long as the manual is current. They do not provide vested rights.
This handbook supersedes any previous oral or written provisions, descriptions or understandings of the company’s policies, rules, procedures and benefits. Any...
...same thing to myself; “This part of the city, this hotel, and those robbers would be all in better conditions not just economically but generally, if our elected officials (at the state and federal levels) didn’t always spend their time arguing or campaigning, but actually trying to work together to make life better for the citizens of the United States” (REWORD).
The more I developed opinions, the more I really looked forward to working shifts there -- it was a place to sit down and watch the news, once a week. To get involved in the government, through knowledge and awareness.
By June 2012, the hotel was set to be shut down and demolished by the state in pursuit of a massive highway reconstruction project on US-31. Walking out of the doors for the last time in 8 years, the doors I smeared my fingerprints on as a hyper 7 year old and cleaned as a 14 year old, I was set on what I wanted to do as an adult -- public service, in the government. I want to serve one day as a representative of the people, one that focuses in the end on addressing the issue and compromising, for the sake of our future.
A friend of mine at school, whose political views I share, suggested that I start a CHS Young Democrats club. I consider myself a Democrat -- but I saw that club as the last thing I would ever start. I wanted to make a political discussion club that has no set leaning or favor, a neutral one. This way, students of any political affiliation...
...Employee Privacy Rights in the Workplace
Employee privacy rights have been the topic of great debate in recent years. This essay will examine: the definition of privacy, employers rights to access activities done in the workplace, to whom the resources such as time and equipment belong, and employee monitoring as an invasion of privacy or a performance evaluation tool. These are the core issues of theemployee privacy rights controversy. Employee privacy rights should only be applicable to the personal activities that must take place during working hours. Activities occurring on company time are the property of the employer, and therefore, are not the private property of the employee. Employee privacy rights in the workplace should be minimal.
The common law of the United States of America does not speak directly on employee privacy rights, rather to a tort based on the invasion of privacy. A tort is defined as a type of law that doesn't subject the transgressor to criminal penalty but allows the infringed party to seek compensation (MontanÞa, May/June 2005). The invasion of privacy tort is defined as:
One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to...
...EmployeeRights and Discipline
Austin Peay State University
Workforce Management, PTMA 3230
Most workers are entitled through law to a written statement specifying the major particulars of their employment in two months. Besides the information on pay, working hours, pensions and holidays entitled, the statement should cover a note providing information of the employer’s grievance and disciplinary processes. The major employeerights are statutory and contractual rights. Employees are also entitled to fair disciplinary and complaint hearings from their employers. The main forms of discipline are positive and progressive disciplinary actions.
All workers, in spite of the kind of work they undertake or whether they are part time, full time or casual workers are permitted to certain minimum rights as set by the law. Federal and state administrations have passed laws providing employees with explicit protection in their relationship with their employers. These rights are contractual and statutory rights, among others, and also, the courts protect workers from illegal discharge. Discrimination laws basically offer individuals the...