a) The freedom to associate is essential for collective bargaining. The right to
associate with others in order to defend and protect their common interests is known as freedom of association. Freedom of association at work includes the right to strike.Workers have the ability to organize and join trade unions of their choosing, as well as to take part in access to a lawyer.A variety of activities.Employers can also form and join employer associations.
Freedom of association for employees. Every worker has the right to take part in the formation of a union or union federation, subject to the constitution of that union, join a trade union.Subject to the constitution of the trade union, every member has the right to engage in its legal activities, cast a vote for any of its officials, representatives in the trade unions, or office bearers, be eligible to run for office, be appointed as an official, and hold office whether elected or appointed and to serve as a trade union representative under this Act or any collective agreement, whether elected or appointed, and to run for election or serve as a trade union representative.
Every trade union International Labour Organisation (ILO)
Conventions has member of a federation of trade unions has the right, subject to the constitution of the federation, to participate in its legal activities, take part in the election of its officials or office bearers; and be eligible to run for office, be appointed as an official, and hold office whether elected or appointed.
b) QUESTION 2 a) The union and the employer or employer organization negotiate as two parties during the collective bargaining process. The capacity of each party to listen and to give up its predetermined positions in order to reach agreement. To increase their bargaining power with their employer over wages, collective employees form trade unions.Only trade unions can engage in collective bargaining. Although the Constitution guarantees the right to collective bargaining, it does not mandate that employers negotiate with trade unions or the other way around. The LRA encourages collective bargaining by approving union security arrangements and granting organizational rights.
Both parties are free to negotiate despite having the right to engage. The LRA encourages closed-shop or agency-shop negotiations for collective bargaining. If their employer refuses to negotiate, employees may go on strike. Recognized the withdrawal of a bargaining agent;registration as a party in the bargaining council;and disagreement regarding the appropriate topics and levels of bargaining.
Trade unions and labor organizations serve as agents for collective bargaining. Guidelines are established by the LRA. An employee organization known as a trade union exists to oversee relations between employers and employees. Employees are the only ones who can form a trade union, qualify for trade union membership: The following rights are granted to registered employee associations:o Reach a collective agreement that the LRA can enforce o Acquire organizational rights o Participate in the bargaining council, statutory council, and workplace forum o Conclude closed shop and agency shop agreements Section 28 of the LRA defines the authority of the LRA. There are three main roles that the bargaining council plays:to enforce collective bargaining agreements, to prevent collective bargaining agreements from being reached, and to reach collective bargaining agreements. Unionized workers and the employer engage in plant-level bargaining at a specific plant or factory.Geographically restricted sector-level bargaining takes place in a specific industry.The LRA encourages bargaining at the sector or industry level. Both the public and private sectors have the ability to form bargaining councils. The economy in which the government does not employ anyone is the private sector. The employer is the state's public sector.
b) Successful collective bargaining between the employer and the trade unions results in a collective agreement.The terms and conditions of employment agreed upon by the parties are governed by it. If both parties are bound by the agreement, a collective agreement modifies any employment contract between an employee and employer. The formalization of relationships and reaching an agreement are the primary objectives of collective bargaining. A collective agreement governs the terms and conditions of employment as well as the right to perform duties. The LRA defines collective bargaining as a written agreement between a (JW) or registered Bashumi Workers Association ('BWA') and another employer or registered employer regarding employment terms and conditions or any other matter of mutual agreement.
A collective agreement between (BWA) and (JW) is differentiated by the following
features: In writing, it must be documented. Registered trade unions are the only ones authorized to sign a collective agreement. The terms and conditions of the (BWA) or (JW) , as well as any other issue of mutual interest between the trade unions, must be governed by the collective agreement. People are brought together by collective bargaining: Participants in the Agreement Insofar as applicable, all parties to the arrangement and their members are bound by the Agreement. Employees who are members of a registered employee organization and members of registered trade unions are parties to a collective agreement if it governs: relations between employers and employees or employees and employers.
QUESTION 3 a) Registered trade unions have established workplace forums as internal institutions to encourage worker participation in workplace decision-making .In contrast to trade unions, workplace forums are not permitted to take industrial action and are prohibited from addressing wage issues. A workplace forum is open to any employee, with the exception of senior management. Trade unions are a forum for workplace discussion, but they are not legal. It addresses issues related to wages. Additionally, industrial action is prohibited.A legal entity that deals with wage issues is a trade union.Every employee has access to the forum. The forum may exclude a senior manager. To be eligible to apply for the creation of a forum, registered trade unions must represent the majority of employed workers.
b) Refusal to work, which can result in work being delayed or obstructed. Work includes hours worked over by employees of the same company or another. Strikes cannot be carried out one at a time, they need to be carried out together.to settle a disagreement between an employer and an employee over anything of mutual interest If there is no disagreement between the parties about anything of mutual interest, the action does not meet the definition.
If the following conditions are met, every employer has the right to lock out employees and every employee has the right to strike: As required by this Act, the dispute has been referred to a council or the Commission. Additionally, I have a certificate stating that the dispute has not been resolved, either thirty days have passed since the council received the referral, or the parties to the dispute have agreed to extend that time period.unless the employer is a member of a party to the dispute employers' organization, in which case notice must have been given to that party's employers' organization or, unless the issue in dispute is related to a collective agreement, at least 48 hours' notice of the proposed lockout has been given to the employees or any trade union that is a party to the dispute.
QUESTION 4 a) If the parties to the dispute are members of a council and the dispute has been resolved in accordance with that council's constitution, the requirements of this subsection do not apply to a strike or lockout. The disputing parties are members of a council. The lockout or strike is carried out in accordance with the collective bargaining agreement's procedures; the strike by employees as a result of their employer's lockout, which is in violation of this Chapter, in violation of the provisions of this Chapter, the employer locks out its employees in response to their participation in a strike.The guidelines in this chapter must be followed by them. The employer has broken the law.any worker or union that brings up a dispute about a random change in terms and conditions.
When employment conditions are referred to a council or the Commission in
accordance with subsection, the employer may be required to restore the terms and conditions of employment that existed prior to the change or to not unilaterally implement the change during the period specified in subsection. Within 48 hours of receiving the referral, the employer must comply with a requirement in this subsection.
b)A dismissal, also known as a dismissal for misconduct, implies that an employee misbehaved and was fired. Because the employee is regarded as a victim or is entangled in circumstances that are beyond his or her control that necessitate dismissal, dismissals for incapacity and operational reasons are referred to as no- fault dismissals. An employee had a reasonable expectation that their employer would renew a fixed-term employment contract on the same or similar terms; however, the employer either offered to renew the contract on terms that were less favorable or did not renew it. Employees who take part in an unprotected strike or engage in specific behaviors to prepare for or support an unprotected strike may be fired.
Dismissals due to operational requirements by employers with more than 50
employees . This section applies to employers with more than 50 employees if the employer plans to fire at least 10 employees due to operational requirements; Twenty workers if there are more than 200 but not more than 300, and thirty if there are more than 300 but not more than 400;40 employees, if there are more than 400 but no more than 500;or fifty employees if the business employs more than 500 people; or if the number of employees the employer is considering firing, in addition to the number of employees let go due to the company's operational needs in the year prior to the employer issuing a notice in accordance with section 189, is greater than or equal to the number specified in I paragraph. Despite section 65, an employer may lock out an employee in accordance with this section if the employee participates in a strike. An employer must provide notice of termination of employment in accordance with the provisions of this section for any dismissal covered by this section. Altering the facilitation or consultation times may be agreed upon by the parties consulting. The Commission must appoint a facilitator to assist the parties participating in consultations in accordance with any regulations made in accordance with subsection if the employer has requested facilitation in its notice in accordance with section 189 or consulting parties who represent the majority of employees on the employer's list of those who are being considered for termination have informed the Commission within fifteen days of receiving notice that they have requested facilitation.An agreement to appoint a facilitator is not prohibited by this section in circumstances not listed in subsection.
The facilitation must be carried out in accordance with any regulations for the conduct of such facilitation established by the Minister in accordance with subsection if a facilitator is appointed in accordance with those subsections. After consulting NEDLAC and the Commission, the Minister may issue regulations to facilitate the time period, its variation, and the powers and responsibilities of facilitators. The terms and amount of the fee that may be charged by the Commission for appointing a facilitator;and (d) any additional information necessary for the facilitation process.
