Académique Documents
Professionnel Documents
Culture Documents
industries Regulates economy and financial markets Restricts FDI Close relation with Industries ( Public Private Partnerships) Only indirect interventions
employment and the protection of workers before and after application of employment policy Laws concerning employment, which regulate the external market
The Trade Union Law formation of trade unions and determines their activities. enforce collective bargaining based The Labor Relations Adjustment Act makes provision for a Labor Relations Commission, which is empowered to prevent and solve labor disputes by mediation, conciliation or arbitration.
For Part Time Workers : The Worker Dispatching Business Law Part-Time Worker Law - Since the number of nonregular employees has been increasing in recent years, these acts are the guide maps for protecting their rights at the company level. Laws to protect workers Minimum Wages Law ( 5.5-7.02 Euros ) The Industrial Safety and Health Law, Equal Employment Opportunity Law.
unions remained highly politicized. The government at that time regarded unionization as antiestablishment and, as a result, restrictions were placed on union activities. The period between 1965 and 1980 is regarded as the golden age in the development of industrial relations in Japan.
(Zenro). In 1956, amidst the conflict between Sohyo, Sodomei and Zenro, the unaffiliated unions formed the Federation of Independent Unions of Japan (Churitsurore). In 1962 Zenro and Sodomai merged to form the Congress of Japanese Confederation of Labor (Domeikaigi) which, in 1964 was renamed as the Japan Confederation of Labor (Domei). This is how the four different national labor centres Shoyo, Sodomei, Churitsuroren and Shinasanbetsu were established in order to strengthen bargaining power.
government and employers organizations on issues such as labor standards, tax systems and social security, which cannot be solved at the industry or local level.
Industrial federations Affiliate with a national centre. The federations are composed of company-based unions in the same industry. They are not supposed to conduct collective bargaining at the company level. They are financed by company-based unions and finance the national centres. Members of the federations exchange information on common working conditions in the industry, discuss industrial policies and other problems and strive to verify these. In fact, both national centres and industrial federations endeavour to unionize unorganized workers.
Company-based unions: strong hold in manufacturing, finance, transportation, public utilities and government. They are organized in both large and small companies. The company based union utilizes negotiations and labor-management consultations in the work place to improve working conditions, to monitor corporate activities and to provide services to their members.
Employees are hired, developed and transferred internally. Employees also believe that the job they are given leads to a career in the long-run. Enterprise-level unions are very supportive of management, and this makes possible the sustained growth of the internal labor market.
joretsu)
Performance Appraisal
Consultations
Reasons Internal culture binds employees in a lifetime commitment. Training helps new recruits to develop unique relationships Aids in sharing information among employees and develop employees' interest in work.
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Decisive factors Length of service Age Educational background Aim Advance an employees career and provide financial compensation Make extensive use of non-cash fringe benefits for employees. Merits that an employee has accumulated over the years by cooperating with his colleagues, and also technical and social ability.
6 month evaluation - payment of seasonal allowances 12 month evaluation - annual pay increments A long-term career assessment - career development within the company over ones entire working life.
declining population growth rate increasing number of aging workforce Lack of interest in manufacturing jobs
Increase work pressure among workers Increase demand for foreign workforce Increasing population of NEET and withdrawals
(Kikomori).
Industrial Revolution
Industrial revolution hit Uk in the very beginning
Industrialization =>urbanization => miserable
conditions in the factories. Factory Acts (1803) required minimum standards on hours and conditions of working children.
were suppressed The Trade Union Act 1871 and the Conspiracy, and Protection of Property Act 1875 trade unions were legitimized. 1906 a coalition government composed of the new Labour Party and the Liberals, passed the Trade Disputes Act 1906
David Lloyd George Winston Churchill
system to Joint Industrial Councils that encouraged fair wage agreements, While the Ministry of Labour actively organized and advised the growth of trade unions. In 1926 a General Strike against coal miners' pay cuts paralyzed the country, though was broken by Winston Churchill, by then the Chancellor of the Exchequer. The Labour Party had formed Parliamentary majorities in 1924 and 1929, but achieved little in the way of reform, particularly after the onset of the Great Depression
membership was well established and collective agreements covered over 80 per cent of the workforce Discrimination in employment was formally prohibited on grounds of
race in 1965 gender in 1975 disability in 1995 sexual orientation religion in 2003 age in 2006 Comprehensive code in the Equality Act 2010
skeptical policy to labour law and regulation. During the 1980s ten major Acts gradually reduced the autonomy of trade unions and the legality of industrial action The National Minimum Wage Act 1998 The Employment Relations Act 1999
Workers Participation
The right to participate in a firm's management Increasingly the UK is legalizing and codifying its systems of
Official trade union has right to call a strike 1980s, there have also been strict requirements to ballot the workforce Warn the employer before, to not call sympathy strikes, to take only passive action in picketing or protests
Trade unions
In 2008, trade union density 16.1% in the private sector 59% in the public sector organised both horizontally and vertically and with some organising particular occupations, industries, and a few operate in particular companies. The sole trade union confederation in the UK is the TUC.
TUC does not conclude or have the power to conclude
Participation
Direct participation rights but on a limited legal scope Direct participation rights in two key areas of workplace
that workers set up health and safety committees, The Pensions Act 2004 sections 241-243 state employees must be able to elect a minimum of one third of the management of their occupational schemes, as "member nominated trustees".
issue an annual report, which must include details of how the business has fulfilled its duties to have regard to employees Under the Information and Consultation of Employees Regulations 2004,
companies > 50 employees Must inform their workforce about major economic
issues in their enterprise should consult about major changes, particularly redundancies.
Collective bargaining
In 2008, the coverage rate of collective agreements in
the UK was 34.6%. Collective bargaining coverage discrepancy between figures for the public and private sectors The terms of collective agreements are normally incorporated into individual contracts of employment that are then legally enforceable.
voluntary mechanisms for the extension of collective agreements. Collective agreements on issues besides pay and working time are not widespread. While vocational education and training is strong in some professional and technical sectors, it has been historically weak in others. Recent attempts have been made to regularise vocational training through National Vocational Qualifications,
Industrial action
It is an important topic for regulation in UK labour law
and the primary mechanism to support collective bargaining in the UK. Although the right to strike has attained the status, since 1906, of a fundamental human right but there are certain rules codified in the Trade Union and Labour Relations (Consolidation) Act 1992
must,
Hold a ballot of the workforce who will go on strike Inform the employer of the timing and duration of the strike Not conduct the industrial action for a purpose unrelated to
terms and conditions of the workers' employment contract Not take industrial action against anyone but the employer of the affected workers Remain peaceful when conducting picket lines
union will be liable for damages to the employer for the cost of the industrial action, and that an injunction may be issued against the industrial action going ahead.
Picketing
Picketing is a form of protest in which people
congregate outside a place of work or location where an event is taking place. Picketers normally endeavour to be non-violent
Trade Disputes and Trade Unions Act 1927 after the 1926 General Strike The Trade Union and Labour Relations (Consolidation) Act 1992 gives protection under civil law for picketers. But they should do it peacefully. However, many employers have recently taken to gaining injunctions to limit the effect of picketing outside their work place.
every working person has a minimum charter of rights in their workplace. Traditionally it draws a divide between self employed people, who are free to contract for any terms they wish, and employees, whose employers are responsible for complying with labour laws.
Scope of Protection
Has not consolidated a single statutory definition of the
people to whom employment rights and duties apply In the UK an employee has all available rights The meaning is explicitly left to the common law(Employment Rights Act 1996 section 230) Autoclenz Ltd v Belcher Case 2011, brought the definition of an employment contract in line with that in used in the EU. It stated that held that
An exchange of work for a wage was essential That what the private "true" intentions of the parties wanted
was not as important as the reality, and that bargains took place in the context of an unequal bargaining relation.
Contract of Employment
Its beyond the statutory minimum charter of rights,
promised to an employee when work begins, so long as they do not contravene statutory minimum rights.
and incorporated terms, the contractual hallmark of the employment relation is the series of standardized implied terms :
Includes the reasonable expectations of the parties. Employees are bound to follow their employers
instructions while at work, as long as that does not contravene statute or their agreed terms.
insurance for all injury costs The common law of tort defines the type of liability an employer has where there is scientific uncertainty about the cause of an injury Barker v Corus the House of Lords decided
Employers would only be liable on a proportionate basis, thus
of a worker, a parent company will owe a duty of care. Thus shareholders may not be able to hide behind the corporate veil to escape their obligations for the health and safety of the workforce.
sets outer limits on working time for virtually all workers. The minimum wage rate is reset annually after guidance from the Low Pay Commission. From 1 October 2010:
5.93 for over 21 year olds 4.92 for 18-20 year olds 3.64 for under 18 year olds finished with compulsory
Working Time
Working Time Regulations 1998 set limits on working
time. It states:
A minimum period of 28 days in paid holidays for all
workers each year Every worker must receive at least 11 consecutive hours of rest in a 24 hour period Can a maximum of 48 hours average per week. But an employee can "opt out" of the 48 hour week
work The right to unpaid leave has no qualifying period Compulsory leave at the time of child birth for two weeks 6 weeks' leave paid at 90 per cent of ordinary salary. Then is 20 weeks leave paid at a rate set by statute, which was 123.06 per week in 2010
employees take paid leave for child care. For fathers, the position is less generous
male partner
Flexible Timings
Formulated in 2002.
Applicable beyond the period around child birth Employees gained the right to request flexible working
patterns for the purpose of caring for a child under the age of 6 or a disabled child under age 18
Equality
People should be judged according to the content of their character,
and not another irrelevant status, is fundamental to UK. The Equality Act 2010 reaches beyond employment, into access to private and public services. Equal treatment based on ten major grounds. Combats discrimination based:
On gender (including pregnancy), Race Sexuality (including marital status) Belief Disability and age Discrimination against people in atypical work, Minorities, With part time, fixed term or agency work status. Etc
Discrimination
Forms and Harassment
Direct
Indirect
Direct Discrimination Direct discrimination means treating a person of a protected trait less favourably than a comparable person who does not share that trait. Harassment A person's dignity is violated, or the person is subject to an intimidating, hostile, degrading, humiliating or offensive environment Indirect Discrimination An employer, without an objective justification, applies a neutral rule to all employees, but it puts one group at a particular disadvantage
Wrongful dismissal
Depends on construction of the contract
Employee should receive: One week's notice before dismissal after one month's work Two weeks notice after two years' work So forth up to twelve weeks for twelve years. The employer can give payment of the weeks' wages
instead of giving notice. On breach of contract the employee may claim damages for the time
Redundancy
Dismissal because of redundancy is a "fair" reason
Law states: Redundant employee who has been employed for over two years is entitled to one week's wages per year worked if aged between 22 and 40 one and a half weeks' pay if over 40 and half a week's pay if under 22.
Acts
The Trade Union Act 1871 Legalised the formation of trade unions The Criminal Law Amendment Act 1871 A punishment of three months' imprisonment, On any one who attempts to coerce another for trade purposes by the use of personal violence
Conspiracy and Protection of Property Act 1875 It held that a trade union could not be prosecuted for act which would be legal if conducted by an individual Trade Disputes Act 1906 The Act declared that unions could not be sued for damages incurred during a strike.
Industrial Conflict
The Advisory, Conciliation and Arbitration Service
(ACAS) are the main body involved in conciliation and arbitration in the UK It is an autonomous Tripartite body established by statute and its task is to improve industrial relations The largest part of ACASs work is individual conciliation