Chapter 8 Employment Laws
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
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
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
Collective Bargaining Invitation by employer or union Acceptance to negotiate Conclude within 14 days
Collective Agreement Validity In writing Deposit with IAC Certified by IAC Duration - not less than 2 years - not more than 3 years
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
Submitting Dispute to Arbitration By: joint application either union or employer
IAC: Constituted by President and 2 panel members President alone: - certification of CAs - victimisation cases IAC decision is final
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
Trade Unions Act Form or join union Rules are not unlawful Workers under contract of service At least 18 years old
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
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
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
Retirement Age Act From: : age 62 Employers may seek exemption Appeal and compensation
Workplace Safety & Health Act Three Principles - reduce risks at source - require industry to take greater ownership of safety outcomes - prevent accidents
Employment of Foreign Workers Act Definition of foreign worker Obligation of employer with foreign workers Work permit Work permit holder
Committee on Retirement Age Recommendations Moderate cost of extension Retrenchment benefit Extension beyond 60 Base-up wage system Alternative medical scheme
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