Chapter 8

Employment Laws

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 ActRegister & 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 ActForm 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 ActControl 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: 1.1.99: 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