Should these provisions be violated then the rights of the workers are not addressed upon and this sometimes is the cause of picket, strikes and similar occurrences which halts the production of the company which do have an adverse effects on the economic side of a certain country.
Regardless of whether the company is privately owned or run by the government, the employee's rights must always be advanced and looked upon in order to protect the interest and the welfare of the workers.
However, there are huge numbers of delinquent organization and companies who neglects these rights for profiteering and other related interest. There are reports of exploitation, union busting as well as illegal dismissal that are presently plaguing the employment sector which is now a common trend for the employers and companies especially those who are in the third world countries.
To further understand the subject matter, defining what labor union is as well as illegal dismissal which is currently an irregularity to most of the companies in the world. In dealing with labor union, wikipedia (2007) defined Labor or Trade Union as “…Unions may organize a particular section of skilled workers (craft unionism), a cross-section of workers from various trades (general unionism), or attempt to organize all workers within a particular industry (industrial unionism).…union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organising model typically involves full-time organisers, who work by building up confidence, strong networks and leaders within the workforce; and confrontational campaigns involving large numbers of union members…”"
This means that trade or labor unions are kinds of organization by the workers in order for them to have their rightful salaries and share in the company which is prescribed by the law in order to prevent exploitations and similar occurrences. However, these kinds of guilds or organizations are being opposed by some Companies due to the fact that benefits and incentives lessen their income and profits and the only way to enlarge their profits is through deprivation of the employees with regards to the incentives and compensation of them. In this case some companies resort to union busting and activities to prevent or slowdown the union's operation through strategies that are anti-workers, and could sometimes lead into a situation wherein the workers would be deprived to the extend of illegal dismissal.
Unfair dismissal and Trade Union problem question 3
Before, plunging into the worst problem that most trade union faces, which is illegal dismissal, looking into other problems involving the operation and installation of trade union must be looked upon in order to understand the hardships that trade unions are now currently facing is one of the most important things to be discussed. Basically, majority of these problems comes from the employers and company owners which in one way or the other are neglecting their legal obligations towards their employees.
Aside from the employers, the variation of laws concerning the workers in different countries is also a common problem with regards to this topic. Wikipedia (2007) further states that "labour law is very diverse in
Cite this document
(“Unfair Dismissal and Trade Unions Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Retrieved from https://studentshare.net/sociology/294331-unfair-dismissal-and-trade-unions
(Unfair Dismissal and Trade Unions Essay Example | Topics and Well Written Essays - 2000 Words)
“Unfair Dismissal and Trade Unions Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/sociology/294331-unfair-dismissal-and-trade-unions.
Cited: 0 times
Almost every nation in the world has existing laws with regards to the workforce especially, the employees and laborers to keep them from exploitation, underpaid and over worked jobs, security of tenure and other related benefits and incentives. …
Through its leadership, the trade unions engage in negotiations with the employers on behalf of the employees a process known as collective bargaining. The trade unions are therefore an important aspect of the business world as they ensure that there are smooth relationships between employers and employees which in turn creates a harmonious working environment which ensures the smooth sailing of the business activities.
This essay analyzes two types of dismissal that are fair or unfair depending on the circumstances under which the contract is terminated. A dismissal is considered fair if the right disciplinary and grievance procedures were followed and the matter was investigated fully before a decision was made.
These joint accords, in turn, are covered by judicial or conventional decrees which explain processes, causes and results. However, the rationality of these pacts does not merely represent judgments made by national institutions and economies. It also takes into account the social factors and the aggregation of decisions which constitute the systems of industrial relations.
According to Michael (2005) this involves offering good terms and conditions of employment to motivate workers and enhance commitment. Two decades ago, trade unions and collective bargaining used to be the only methods of ensuring worker satisfaction hence improved productivity, but nowadays, employers have invented various measures to enhance performance.
The reality of a dismissal is a critical jurisdictional aspect in the laws pertaining to redundancy and unfair dismissal. In majority cases dismissal is evident, but in cases of uncertainty, the onus is on the claimant to establish that he/she is dismissed and in case of failure.
Summary dismissal in essence is a kind of dismissal that is instant due to gross misconduct and in many cases it takes effect immediately. There is no notice to termination of contract and the employer has the upper hand over the employee.However, the law is not quite clear as to what offenses constitute grounds for summary dismissal and therefore it may be used as tool for settling scores1.
The AIRC hears cases which are still unresolved after going through the conciliation process. Its role is to decide, after hearing from both sides, whether the dismissal was harsh, unjust or unreasonable.
It also exercises a range of powers under the Act in relation to ensuring the establishment and maintenance of fair minimum wages and conditions of employment, preventing and settling industrial disputes, facilitating agreement making between employers and employees, conciliating and arbitrating claims in relation to the termination of employees and dealing with matters concerning industrial organizations.
The researcher states that, although, Raj’s employer reserved the legal right to end his employment contract, their failure to serve proper notice on him regarding the issue amounts to unfair dismissal. In light of his summary dismissal, Raj has the rights to pursue claims for his unfair dismissal and wrongful dismissal.
136). If the unfair dismissal law were not in place, companies perhaps would discharge workers at any given time over trivial issues. Therefore, the unfair dismissal law can be seen as the analogous of the state
5 pages (1250 words)Essay
Got a tricky question? Receive an answer from students like you!Try us!
Let us find you another Essay on topic Unfair Dismissal and Trade Unions for FREE!