Differences Between the Employment Act and the Industrial Relations Act « MYLabourLaw
"bargaining agent" means a trade union that acts or is entitled to act on behalf of employees-. (a) in collective bargaining; or (b) in connection with an industrial. LABOUR RELATIONS AND INDUSTRZAL DISPUTES. 3. THE LABOUR RELATIONS AND INDUSTRIAL. ~cts. 14 of ,. DISPUTES ACT. 3, The Industrial Employment (Standing Orders) Rules, , Download( MB ) pdf. 4, The Industrial Employment (Standing Orders) Act.
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.
Many contract terms and conditions are covered by legislation or common law. In the US for example, the majority of state laws allow for employment to be "at will"meaning the employer can terminate an employee from a position for any reason, so long as the reason is not explicitly prohibited, [a] and, conversely, an employee may quit at any time, for any reason or for no reasonand is not required to give notice. One example of employment terms in many countries  is the duty to provide written particulars of employment with the essentialia negotii Latin for "essential terms" to an employee.
This aims to allow the employee to know concretely what to expect and what is expected. It covers items including compensationholiday and illness rightsnotice in the event of dismissal and job description. The contract is subject to various legal provisions. An employer may not legally offer a contract that pays the worker less than a minimum wage.
An employee may not agree to a contract that allows an employer to dismiss them for illegal reasons. Minimum wage Many jurisdictions define the minimum amount that a worker can be paid per hour.
Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries do not. Minimum wages are regulated and stipulated in some countries that lack explicit laws. In Sweden minimum wages are negotiated between the labour market parties unions and employer organizations through collective agreements that also cover non-union workers at workplaces with collective agreements.
At workplaces without collective agreements there exist no minimum wages. Non-organized employers can sign substitute agreements directly with trade unions but far from all do. The Swedish case illustrates that in countries without statutory regulation will part of the labour market do not have regulated minimum wages, as self-regulation only applies to workplaces and employees covered by collective agreements in Sweden about 90 per cent of employees.
Living wage The living wage is higher than the minimum wage and is designed that a full-time worker would be able to support themselves and a small family at that wage. Eight-hour day The maximum number of hours worked per day or other time interval are set by law in many countries. Such laws also control whether workers who work longer hours must be paid additional compensation.
Before the Industrial Revolution, the workday varied between 11 and 14 hours.
Industrial relations - Wikipedia
With the growth of industrialism and the introduction of machinery, longer hours became far more common, reaching as high as 16 hours per day. The eight-hour movement led to the first law on the length of a working day, passed in in England.
It limited miners to 12 hours and children to 8 hours. The hour day was established inand shorter hours with the same pay were gradually accepted thereafter.
Labour law as it is known today is essentially the child of successive industrial revolutions from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenmentthe French Revolutionand the political forces that they set in motion were creating the elements of the modern social conscience.
It developed rather slowly, chiefly in the more industrialized countries of western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The more-industrialized states of the United States began to enact such legislation toward the end of the 19th century, but the bulk of the present labour legislation of the United States was not adopted until after the Great Depression of the s.
There was virtually no labour legislation in Russia prior to the October Revolution of In India children between the ages of 7 and 12 were limited to nine hours of work per day in and adult males in textile mills to 10 hours per day inbut the first major advance was the amendment of the Factory Act in to give effect to conventions adopted at the first session of the International Labour Conference at Washington, D.
In Japan rudimentary regulations on work in mines were introduced inbut a proposed factory act was controversial for 30 years before it was adopted inand the decisive step was the revision of this act in to give effect to the Washington Convention on hours of work in industry.
Labour legislation in Latin America began in Argentina in the early years of the century and received a powerful impetus from the Mexican Revolutionwhich ended inbut, as in North Americathe trend became general only with the impact of the Great Depression. In Africa the progress of labour legislation became significant only from the s onward. The legal recognition of the right of association for trade union purposes has a distinctive history.
There is no other aspect of labour law in which successive phases of progress and regression have been more decisively influenced by political changes and considerations. The legal prohibition of such association was repealed in the United Kingdom in and in France in ; there have been many subsequent changes in the law and may well be further changes, but these have related to matters of detail rather than to fundamental principles.
In the United States freedom of association for trade union purposes remained precarious and subject to the unpredictable scope of the labour injunction, by means of which the courts helped restrain trade union activity until the s.
The breakthrough for trade unionism and collective bargaining was achieved by the National Labor Relations Act the Wagner Act of In many other countries the record of progress and regression with respect to freedom of association falls into clearly distinguished periods separated by decisive political changes.
This has certainly been the case with Germany, Italy, Spain, Japan, and much of eastern Europe; there have been many illustrations of it, and there may well be more in the developing world.
Labour codes or other forms of comprehensive labour legislation and ministries of labour were not introduced until the 20th century. The first labour code which, like many of its successors, was a consolidation rather than a codification was projected in France in and promulgated in stages from to Among the more advanced formulations affecting the general condition of labour were the Mexican Constitution of and the Weimar Constitution of Germany ofboth of which gave constitutional status to certain general principles of social policy regarding economic rights.
Provisions of this kind have become increasingly common and are now widespread in all parts of the world. Departments or ministries of labour responsible for the effective administration of labour legislation and for promoting its future development were established in Canada inin France inin the United States inin the United Kingdom inand in Germany in They became general in Europe and were established in India and Japan during the following years and became common in Latin America in the s.
Under differing political circumstances there continue, of course, to be wide variations in the authority and effectiveness of such administrative machinery. Elements of labour law The basic subject matter of labour law can be considered under nine broad heads: Employment Employment considered as a basic concept and category of labour law is a relatively recent development.
Prior to the Great Depression and World War II the emphasis was upon the prevention or reduction of excessive unemployment rather than upon long-term employment policy as part of a comprehensive scheme to promote economic stability and growth.
The new approach, arising from changes in political outlook and contemporary economic thought, has increasingly found expression in legal provisions that establish the creation of employment opportunities as a general objective of policy. To this end, legislation has established the necessary legal framework for the forecasting of labour needs and availability and the provision of employment services including placement, recruitment, vocational training, and apprenticeship.
Freedom from forced labourequality of treatment in employment and occupation, and unemployment benefits may, in a broad sense, be regarded as part of the same general subject.
Individual employment relations The making, modification, and termination of individual employment relations and the resulting obligations for the parties form a second branch of labour law. It may also involve certain aspects of promotion, transfer, and dismissal procedures and compensation. Historically speaking, the law on these matters was at one time described as the law of master and servant. It implied a contractual relation in which one party agreed to be under the control of the other in the sense that the servant was bound to obey orders not only as to the work that he would execute but also as to the details of the work and the manner of its execution.
In return, the master had to pay a wage and grant certain minimum conditions for the protection of the worker.
- Labour law
- Industrial relations
As the law developed, the implied terms and statutory incidents attached to this relationship concerning such matters as termination of employment, dismissal procedures and compensation, minimum wagesconditions of work, and social security rights began to limit freedom of contract. The individual employment relationship continues, however, to be the subject matter of labour law to which general legal principles, as opposed to statutes and collective agreements, apply.
Legally speaking, the individual contract of employment plays a more important role in the civil-law countries than in common-law countries. Wages and remuneration The substantive law on wages and remuneration covers such elements as forms and methods of payment, the protection of wages against unlawful deductions and other abuses, minimum wage arrangements, the determination of wages, fringe benefits, and, in highly sophisticated economies, incomes policies. The concept of wage regulation as a restraint upon extreme social evils has gradually been superseded by wage policies as deliberate instruments of positive management designed to promote economic stability and growth.
Legal requirements concerning the forms of wages and methods of wage payment deal with such matters as the proper notification of wage conditions, the payment of wages in legal tender or by check, the limitation and proper valuation of payments in kind, the freedom of the worker to dispose of his wages, regularity in wage payments, the treatment of wages as a privileged, or secured, debt, and restrictions upon the attachment or assignment of wages.
Differences Between the Employment Act and the Industrial Relations Act
Minimum-wage regulation takes varied forms; it may, following the pattern originally set by the British Trades Boards Acts from onward, provide for wages councils or similar bodies to fix wages in trades that have no arrangements for collective agreements and where wages are exceptionally low; it may consist, as in Australia and New Zealandessentially of arbitration arrangements; or it may, as in the United States under the Fair Labor Standards actsprovide a statutory rate or criteria for determining such a rate.
Statutory provisions and collective agreements for determining wages may embrace such varied matters as skill differentials, the elimination of race and sex differentials, payment according to results and the relationship of wages to productivity, and wage guarantees for agreed periods of time. Fringe benefits, such as bonuses payable in varying contingenciesare typically a matter for collective agreements.
Incomes policies remain the subject of much controversy. Their general purpose, sometimes embodied in legislation and sometimes expressed in collective agreements or statements of government policy, is to restrain inflationary pressures resulting from wage increases unrelated to increased productivity and to do this in a manner that promotes a fairer distribution of income.
Conditions of work The conditions of work involve hours, rest periods, and vacations; the prohibition of child labour and regulation of the employment of young persons; and special provisions concerning the employment of women. This part of the law originated in legislation for the protection of children, young persons, and women against the worst evils of the Industrial Revolution.
It originally dealt particularly with such matters as admission to employment, night work, and excessive hours, but the elements of its content and their relative importance were wholly transformed during the 20th century.
Overseer supervising a girl about 13 years old operating a bobbin-winding machine in the Yazoo City Yarn Mills, Mississippi, photograph by Lewis W. Hine, ; in the Library of Congress, Washington, D. Library of Congress, Washington, D. As economic and educational progress and changed social habits limited child labour in the industrialized countries and increasingly in the modernized sectors of developing economies, the special concern of labour law with regard to the young shifted to such areas as vocational guidance and training, career planning and advancement, and medical protection.
As employment opportunities for women became more varied and responsible, there was a similar shift in emphasis from protective legislation—which came to be regarded as discriminatory, since it tended to limit such opportunities—to legal guarantees of equal pay and equal employment, coupled with adequate maternity protection and the provision of facilities to enable women with family responsibilities to continue to be employed.