Capitalism is characterized by maximization of profits. In this tendency of trying to maximize profits capitalist usually would like to exploit the labour force to the maximum. This was the situation since then when capitalism roots were emerging. It was marked by long working hours and poor working condition to the workers. Luddism and Chartism owe their origin from the inhospitable working conditions and low wages provided by early capitalists. It is the struggle by working which brought changes. Prof. Shivji says the transformation of the state and changes in the class configuration have been grounded ultimately in the social struggles of the working people. Later on states started to enact legislation for protection of workers’ rights. Perhaps even entrenchment of Bill of Rights in the Constitution 1985 owes its origin from the working class and academician struggles. The constitution being the mother law of the Country then any law made Labour law being one of them must reflect the spirit of the Constitution. Part three of the Constitution of United Republic of Tanzania deals with bills of rights while part three of Employment and Labour Relation Act deals with employment standards. So basically the question needs the reflection of the bill rights in the Employment and Labour Relation Act hereinafter referred as Act. Generally part three of the Act deals with employment standards which are working hours, remuneration, and unfair termination of employment. Section 11(1) of the Act provides that any provision on this Act that stipulates a minimum term and condition of employment shall be an employment standard. This work will explore hoe the said employment standards reflects bill of rights provided in the Constitution hereinafter referred as the Constitution. Section 37(1) of the Act provides that it shall be unlawful to terminate the employment of an employee unfairly this section is an appreciation of article 4 of Termination of Employment Convention which provides that employment of the employee shall not be terminated unless there are valid reasons for such termination. In a nutshell it entails that the employer cannot just wake up and fire the employee without any valid and watertight reason. Article 22(1) provides that every person has the right to work. This means section 37(1) of the Act which owes its origin to article 4 of the Termination of Employment Convention reflects the right to work as provided by article 22(1) of the Constitution. Moreover the term unfairly as used in section 37(1) of the Act reflects article 12(2) of the Constitution which provides for recognition and respect of human dignity. Terminating ones employment unfairly is against human dignity. It is provided by section 37(3)a iv&v that a person should not be terminated on the grounds that he belongs or belonged to any trade union or participates in the lawful activities of a trade union including a lawful strike. There is no doubt this section is the replica what is provided by article 5(a) of Termination of Employment Convention and article 3(a) of Termination of Employment Recommendation that union membership or participation in union membership shall not constitute valid reason for termination. This provision is the clear reflection of article 20(1) which provides for the freedom of association that is every person is free to form or join associations or organizations formed for the purpose of preserving of furthering his beliefs or interests or other interests. By provision of section 37(3) a iv&v of the Act that union membership or participation in union activities is a valid reason for termination compliance and reflection of article 20(1) of the Constitution is vividly seen. The act provides in section 37(3)b i-iii that it shall not be a fair reason to terminate the employment of an employee for reasons related to pregnancy, disability and reasons constitute discrimination under the act. It is clear that this section...
...Course: Principles of Human Resource Management
Section: Industrial Relations
Assignment: Individual Assignment
How employee can be dismissed for poor performance
In today’s work environment it is important that the employees meet the competitiveness of their organisation’s market locally and globally. To have employees that are not performers (Dead Woods) can cost the company an arm and a leg. Poor performers can cost companies a lot of money, not only due to service but due to mistakes they make. More over dealing with them take up a significant part of management time.
Most organisations do not have a system that addresses, and deal away with poor performers openly and honestly.
In these sections we will be looking at the best way to issue a dismissal by following the right process. When dismissing an employee it is important that you prove that there is a good reason and the right procedure is followed. LRA recognise that the reason for dismissal can fall into the following categories
1. The Operational requirement
2. The conduct of the employee
3. The capacity of the employee
The poor performance of the employee falls within the incapacity category not the conduct as some other managers’ turn to confuse this when addressing poor performance problems. The dismissal will be as result of incapacity therefore the Performance Management procedure must be followed not the disciplinary...
...Employee relations may be defined as those policies and practices which are concerned with the management and regulation of relationships between the organisation, the individual staff member, and groups of staff within the working environment. The objective of the policies and practices are to create
• An effective mechanism for communication and participation
• A safe and secure work environment
• Commitment for the employer and motivation for the employeesEmployment relationships are built on trust and the rights of both employee and employer. Each day, employees and employers work together to complete tasks and projects for businesses. Both employees and employers have very specific rights and responsibilities that are standard based on current labour laws, employmentacts and trade union acts. Balancing these rights is extremely important to a fair and successful employment relationship. Employees who understand their rights and duties may reduce their risk of being mistreated by their bosses. Similarly, employers who are familiar with their obligations and allowances may manage more effectively. It must always be remembered that with every right there is an obligation. In other words the rights of the employee are the obligations of the employer and the rights of...
Child Labour (Prohibition and Regulation ) Act, 1986
Child labour is the practice of having children engage in economic activity, on part or full-time basis. The practice deprives children of their childhood, and is harmful to their physical and mental development. Poverty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India. The 2001 national census of India estimated the total number of child labour, aged 5–14, to be at 12.6 million, out of a total child population of 253 million in 5-14 age group. A 2009-2010 nationwide survey found child labour prevalence had reduced to 4.98 million children (or less than 2% of children in 5-14 age group). The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.
Article 24 of India's constitution prohibits child labour. Additionally, various laws and the Indian Penal Code, such as the Juvenile Justice (care and protection) of Children Act-2000, and the Child Labour (Prohibition and Abolition) Act-1986 provide a basis in law to identify, prosecute and stop child labour in India.
Being an act to prohibit and regulated child labour in India, the Child Labour (Prohibition and Regulation)...
...Is the book LabourRelations in the Global Fast Food Industry (Royle & Towers 2002) and its key findings the product of the authors’ ideological frame of reference? Or is it the product of genuine, objective research?
Employmentrelations is the study of all aspect of work and the interaction between the management and the employees or the employee’s representative such as the Union (Ackers and Wilkinson, 2005). The underlying beliefs of employment or labourrelations are often implicit with the long established focus on how employment processes are conducted, or sometimes are being ignored. In this write up, we will be discussing on the book, LabourRelations in the Global Fast Food Industry (Royle and Towers 2002) and its key findings of the authors’ ideological frame of reference. A frame of reference refers to a person’s perspective on the world. It includes the person’s assumptions, values, beliefs and convictions and the way it was understood on why things are and why they happen in a particular way. It is also a tool to of evaluate a person’s perception and thinking in a particular way towards employment or labourrelations.
From the key findings in this book, it showed that the management were adopting a unitarist ideaological frame of reference. Unitarist ideological...
Nowadays, most employers and employees are concerned about pay-rate systems. Employees will be affected significantly if a pay-rate system is incorrectly chosen by the company they work for. Therefore, in this essay, I will explain the benefits and drawbacks if the companies use incentive pay-systems as tools to fix the conflicts of interest between employers and employees.
Employers are agents who own the means of production of society. They exercise control over the work given to employees and pay them wages or salaries in exchange for on-going work. Whereas employees are the individuals hired in order to produce goods and services for employers, in exchange for money. It is this money that is said to be the soul between the two. The level of payment will affect their relationship at work as, in fact, it is a financial reward offered by employers to employees in order to provide higher motivation and promote better work performance. Why will conflict be created between employers and employees? The reason is simple: they often do not always share the same goal. The main objectives of employers are to do what is best for the company in terms of efficiency, profitability and the success of the company. Conversely, it is in the interest of employees to look for some stable companies which are able to provide them fairness (equality) and respect. Thereby, incentive pay-systems will be...
...Title : Employment Responsibilities and Rights in Health, Social Care and Children and Young People's Settings
1. Know the statutory responsibilities and rights of employees and employers within own area of work.
1.1 List the aspects of employment covered by law
Here is a list of the aspects of employment covered by law; minimum wage, discrimination, health and safety, holiday entitlements, redundancy, dismissal, training, disciplinary procedures, union rights and consultation, maternity rights, protected disclosures, working time regulations, particulars of employments. Working hours and holiday entitlements, Sickness absence and sick pay, Anti – discrimination provisions, Data protection, Relevant equalities legislation.
1.2 List the main features of current employment legislation is :
- Health and Safety Act 1974
- Equality Act 2010
- Date Protection Act 1998
- EmploymentRightsAct 1996
- Part Time Workers Regulations Act 2000
- Working Time Regulations Act 1998
- National Minimum Wage Act 1998
1.3 Outline why legislation relating to employment exists.
Legislation relating to employment exists to protect the rights of employers and employees by providing...
...The new EmploymentRightsAct 2012 has imposed several additional duties on employers, once proclaimed will affect the present labour laws in Barbados. The EmploymentRightAct 2012 clearly gives more rights to the employees and has several implications for employers whether party to the private or public sector.
The Act was passed in Barbados Parliament in May 2012; it marks a fundamental change in the employee and employer relationship. The Act establishes a tribunal called the EmploymentRights Tribunal for the determination of issues relating to the new rights, but provides that complaints must first be referred to the Chief Labour Officer for an opportunity for a settlement to be reached.
If a settlement is not reached, the tribunal is given wide powers, subject to an appeal to the Court of Appeal on questions of law, to determine complaints. These powers include, in appropriate cases, power to award compensation and power to order reinstatement or re-engagement of an unfairly dismissed employee.
The Act first consider how to determine if a person is an employee and give a list of factors to consider to determine this; this states that the employer is required to provide the employee with tools to perform work task. Also a place of work and must provide it...
...EmploymentRights and Responsibilities
Health and safety
Redundancy and dismissal
Union rights and consultation, etc.
These apply to all Work environments. . Labour law covers the deal between employee and employer. Health and safety laws cover the work conditions, and minimum wage and other laws set the basic compensation rate.
Equality Act 2010 – The Equality Act 2010 legally protects people from discrimination in the workplace and in a broader society. It replaced previous anti-discrimination laws with a one single Act, making the Equality Act easier to understand and making the protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
Health and Safety at work Act 1974- The Health and Safety at Work etc Act 1974 is the main piece of legislation covering occupational health and safety in Great Britain. It places general duties on employers, people in control of premises, manufacturers and employees.
EmploymentRightsAct 1996- The EmploymentRightsAct 1996 sets out the statutory employmentrights of workers and employees....