South Africa's labour legislation is among the most progressive in the world, institutions to nurture sound, co- operative industrial relations. What is the Role of Industrial Relations - Government, Employee, Employer and Trade and/or labour unions resist the exploitation of employees by passing and implementation of relevant industrial relations law, policies, regulations etc. In South Africa, for example, the BCEA (Basic Conditions of. Labour Relations and Collective Bargaining in South Korea Moving . such as labour law, industrial sociology or labour market economics, have.
Only certain classes of employee may make an application for relief to the AIRC alleging unfair termination s CB 1. These include Commonwealth public sector employees, Victorian employees, Territory employees, federal award employees employed by a constitutional corporation and some waterside and maritime employees and flight crew officers.
On the other hand, all employees are entitled to make an application to the Commission to remedy an alleged unlawful termination, except those specifically excluded s CB 3. The Workplace Relations Act Cth permits a worker to apply for relief if: If the AIRC concludes that termination was harsh, unjust or unreasonable, it may decide to reinstate the employee or pay an amount in lieu of reinstatement, or require the employer to pay an amount equal to the remuneration lost because of the termination s CH.
In certain cases, costs may be awarded against an employee s CJ. If the Federal Court decides that any of ss CK—CN have been breached by the employer, the Court may impose a penalty, order reinstatement, require the payment of compensation or any other order it thinks necessary to remedy the effect of the unlawful termination s CR. The Federal Coalition Government currently has a Bill before Parliament seeking to exclude the operation of Subdivision B of Part VIA of the Workplace Relations Act Cth ie, those provisions relating to harsh, unjust or unreasonable dismissals from businesses with less than 20 employees: The State legislative schemes are broadly similar in structure to the federal system.
South Australian laws permit employees to apply to the SA Industrial Relations Commission if they allege that the termination of their employment was harsh, unjust or unreasonable Industrial and Employee Relations Act SA ch 3, pt 6.
Employees have 14 days after their dismissal to lodge an application.
Classes of employees excluded from claiming unfair dismissal include casuals employed for less than 6 months, workers employed for a specified period or task and employees who are similarly protected under an award, agreement or contract.
Tasmanian employees have 21 days to lodge an application with the Tasmanian Industrial Commission alleging that their termination was unfair or was not made for a valid reason Industrial Relations Act Tas ss 29— In Queensland, dismissed workers may apply to the Queensland Industrial Relations Commission, under the Industrial Relations Act Qld ch 3, alleging that their dismissal was harsh, unjust or unreasonable or occurred for an invalid reason ss 73 1.
Workers are obliged to first seek reinstatement, and, if this is impracticable, may be awarded compensation s Independent contractors are not classed as employees, although many work in employee-like conditions, and thus are not subject to the protection offered by much industrial legislation.
Contractors may apply to the Federal Court for review of a contract on the grounds that the contract is unfair or harsh Workplace Relations Act Cth ss A—C. Work cannot have been done for the private or domestic purposes of the other party, and one of the parties must have been either a constitutional corporation, the Commonwealth, a Territory or a Commonwealth authority. The Court may decide to set aside the whole or part of the contract, or vary the contract.
The Commission has the power to vary the contract or declare it void, to order the payment of compensation or prevent the making of further contracts. Remedies are available if the arrangement is found to be unfair, harsh or unconscionable, is against the public interest, grants the contractor less remuneration than if they had been an employee, or is designed to circumvent an award, agreement or contractual arrangement.
Similar arrangements have been made for Queensland contractors under s of the Industrial Relations Act Qld. Hours of Work The standard working week in Australia is 38 hours.
National Labour Law Profile: Australia
Awards, certified agreements and Australian Workplace Agreements generally contain provisions setting out ordinary hours of work, rest breaks and overtime and penalty rates. The average number of hours paid for in for full-time, adult, non-managerial employees was Queensland law prescribes that employees cannot be required to work not more than either, 6 days in any 7 consecutive days, or 40 hours in any 6 consecutive days, or 8 hours in any day Industrial Relations Act Qld s 9 2.
South Australian and Tasmanian awards generally make provision for standard working hours similar to the other States. Workers generally receive a loading of Workers also receive entitlements for long and usually continuous service. Sick leave is granted to most workers under awards or agreements and some State legislation also sets out minimum entitlements. Leave for trade union purposes, educational leave and leave relating to the holding of public office are unlikely to be ever included in a federal award see Workplace Relations Act Cth s 89Abut provision can be and is made for these types of leave in statutory employment agreements and State awards.
Adoption leave is available to employees on similar terms to maternity and paternity leave Workplace Relations Regulations Cth regs 30E—30ZD. In addition to the federal legislation, most States and Territories have enacted legislation pertaining to maternity, paternity and adoption leave, and many awards also provide for such leave. Workplace Relations Act Cth sch Casual employees are not able to take parental leave. While proposals have been discussed for paid parental leave after the birth of a child, it is unlikely that any Australian government will enact such legislation in the foreseeable future, although employers are not legally prevented from including such a provision in statutory employment agreements or employment contracts.
Western Australian legislation prohibits the full-time employment of children under the age of 15 and for indecent purposes, but permits restricted employment outside school hours School Education Act WA s 29; Child Welfare Act WA ss B, Children younger than school-leaving age in the Australian Capital Territory are prohibited from being employed, except in light work and family businesses: Victorian law requires persons employing children under the age of 15 to obtain a fixed-term permit Community Services Act Vic pt 3, div 9.
Equality Legislation at the Federal and State levels prohibits both direct and indirect discrimination in employment and other areas on a number of grounds. These grounds, while not all covered by each of the anti-discrimination statutes, include: The relevant federal legislation is contained in a number of statutes: These statutes are augmented by State and Territory legislation: This approach is mirrored in the State and Territory legislation mentioned in the preceding paragraph.
Legislation requires many public and some private sector organisations to implement equal employment opportunity policies. Wages The national minimum wage is decided by the AIRC on application by the Australian Council of Trade Unions on an annual basis to vary certain awards, with employer groups, in most cases, opposing the application; Commonwealth and State governments are also entitled to make submissions.
The decision of the AIRC is then, in the usual course, taken up by the various State industrial tribunals, some of which are obliged to take into account the Federal decision in adjusting minimum wages at the State level. Existing federal and state awards are then varied accordingly.
In November the Australian Council of Trade Unions announced that it would seek a rise in the safety net wage of 5. New Federal laws to regulate trade unions and employer organisations were passed by the Federal parliament on 16 Octoberbut have not yet entered into force.
In Australia, trade unions can be registered at both State and Commonwealth levels. There are currently 44 federally-registered unions, many of which also have State and Territory branches.
Union members comprised There are also 69 registered employer organisations. However, the AIRC may register as an organisation an applicant association that does not meet these criteria, if it gives an undertaking to avoid demarcation disputes with any other organisation that is already registered and to which the members of the applicant association might belong Workplace Relations Act Cth s 2.Industrial Dispute Act, 1947 by CA Jaishree Soni - Industrial Law
Another criterion for registration requires the AIRC to consider whether the proposed union members have recently breached orders of the AIRC requiring them to refrain from industrial action ss 1 d51 d. An application for registration is made to a presidential member of the Australian Industrial Relations Commission.
If this application is refused, the association making the application may appeal to a Full Bench of the AIRC s 45 1 f. The legislation has long aimed to promote the democratic functioning of trade unions and employer organisations. This Act provides for the following with respect to registered organisations: The model and thrust of regulation in the Act is largely the same as that in the Workplace Relations Act Cth which it is to replace. See also the State legislation in this area: This was the first, albeit modest, step towards the protection of labour.
The act limited working hours to twelve a day and abolished night work. It required the provision of a basic level of education for all apprentices, as well as adequate sleeping accommodation and clothing. The rapid industrialisation of manufacturing at the turn of the 19th century led to a rapid increase in child employment, and public opinion was steadily made aware of the terrible conditions these children were forced to endure.
The Factory Act of was the outcome of the efforts of the industrialist Robert Owen and prohibited child labour under nine years of age and limited the working day to twelve.
A great milestone in labour law was reached with the Factory Act ofwhich limited the employment of children under eighteen years of age, prohibited all night work and, crucially, provided for inspectors to enforce the law. Pivotal in the campaigning for and the securing of this legislation were Michael Sadler and the Earl of Shaftesbury.
This act was an important step forward, in that it mandated skilled inspection of workplaces and a rigorous enforcement of the law by an independent governmental body.
Labour law - Wikipedia
A lengthy campaign to limit the working day to ten hours was led by Shaftesbury, and included support from the Anglican Church. From the midth century, attention was first paid to the plight of working conditions for the workforce in general. Insystematic reporting of fatal accidents was made compulsory, and basic safeguards for health, life and limb in the mines were put in place from Further regulations, relating to ventilation, fencing of disused shafts, signalling standards, and proper gauges and valves for steam-boilers and related machinery were also set down.
A series of further Acts, in and extended the legal provisions and strengthened safety provisions. Steady development of the coal industry, increasing association among miners, and increased scientific knowledge paved the way for the Coal Mines Act ofwhich extended the legislation to similar industries. The same Act included the first comprehensive code of regulation to govern legal safeguards for health, life and limb.
The presence of a more certified and competent management and increased levels of inspection were also provided for. By the end of the century, a comprehensive set of regulations was in place in England that affected all industries. A similar system with certain national differences was implemented in other industrializing countries in the latter part of the 19th century and the early 20th century.
Individual labour law[ edit ] Main articles: Employment contract and At-will employment The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer are mediated through a contract of employment between the two. This has been the case since the collapse of feudalism. It also grants employers recourse to lock out employees. Some of the issues over which a strike or lock-out might be held are wage increases, a demand to establish or join a bargaining council, a demand for organizational rights, etc.
Strikes can be either protected or unprotected. If a trade union wants to embark on a protected strike, then certain requirements have to be met. One of the most important requirements is that the trade union must give the employer at least 48 hours notice of its intention to embark on a strike action. If the employer is the State, then 7 days notice is required. Once a strike is protected employees may not be dismissed for going on strike, they may not get a court interdict to stop the strike, employees do not commit breach of contract by going on strike and employers may not institute civil proceedings against employees on strike.
Participation in workplace decision-making. The terms and conditions of the collective agreement will then apply only to the parties to the agreement and its members. While the parties to a statutory council can draw up agreements on wages and working conditions, these agreements cannot be extended to employers and employees outside the council.
However, agreements on training schemes, provident or pension funds, medical schemes and similar benefit schemes can be extended by the minister to cover all employers and employees in that sector.
Registering and managing organizations. These forums are committees of employees elected by employees in a workplace. They will meet employers on a regular basis for consultation on workplace issues. The general functions of workplace forums are to promote the interests of all employees not just those of trade union membersto enhance efficiency in the workplace, to be consulted by the employer on certain matters and to participate in joint decision-making on other matters.
Procedures are planned to be simple and efficient. The Act promotes private procedures negotiated between parties for the resolution of disputes. It establishes an independent body, the Commission for Conciliation, Mediation and Arbitration CCMAwhich will actively seek to resolve disputes through conciliation and arbitration. It also establishes new courts, namely the Labour and Labour Appeal court, which are the only courts which can hear and decide labour disputes arising from 11 Novemberand which have more authority and power than the previous courts.