scholarly journals In Search of "Industrial Harmony": The Process of Labour Law Reform in Manitoba, 1984

2005 ◽  
Vol 40 (1) ◽  
pp. 140-161
Author(s):  
Errol Black
Keyword(s):  
Industrial Relations ◽  
Law Reform ◽  
Labour Law ◽  
The Government

This paper examines the roots of the controversy over industrial relations within Manitoba NDP, looks at the process which the government initiated as a means of delivering its commitments to organized labour and outlines the conditions by which the business class in Manitoba forced the government to retreat.

Reform of Japan's working practices grows more urgent

2018 ◽  
Keyword(s):  
Trade Union ◽  
Prime Minister ◽  
Law Reform ◽  
Labour Law ◽  
Content Type ◽  
Reform Legislation ◽  
Fixed Wage ◽  
Working Practices ◽  
The Government ◽  
Labour Regulation

Subject Labour regulation and workers' rights in Japan. Significance Prime Minister Shinzo Abe withdrew a key labour law reform at the end of February that would have expanded a system of 'discretionary labour' in which employees are paid a fixed wage regardless of how long they actually work. The stated reason was that flaws had been found in the survey data that the government used to support the legislation. However, the proposed law had generated opposition since first introduced in 2015. Critics argued that it simply expanded unpaid overtime worked by already stressed employees. Impacts A 2013 reform that comes into force on April 1 will inform the prospects of new legislation. The government will need trade union backing to buttress support within the ruling and opposition parties. An unrelated political scandal facing the prime minister could derail labour reform legislation.

scholarly journals The Employment Cluster of Omnibus Law: Embodiment the Concept of Nachtwakerstaat or Welfarestate?

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 93-118
Author(s):  
Anak Agung Gede Duwira Hadi Santosa ◽  
Kadek Agus Sudiarawan ◽  
I Made Marta Wijaya
Keyword(s):  
Research Method ◽  
Industrial Relations ◽  
Job Creation ◽  
Concept Analysis ◽  
The State ◽  
Analysis Approach ◽  
Legal Research ◽  
Labour Law ◽  
Legal Concept ◽  
The Government

The presence of the omnibus law of the Employment Cluster of Job Creation Law haven’t consider to solve the crucial problems in the Manpower Law, but its further away from the purpose of the welfarestate concept  and leads to the purpose of the nachtwakerstaat. The aims of this research to determine position omnibus law of the Job Creation Law after it’s passed within in the scope of welfarestate concept or nachtwakerstaat concept and to analyse the construction of labour law concept in accordance to concept of welfarestate in the future. This research used a normative legal research method with a statute approach and elaborated with a legal concept analysis approach. The results show there are crucial problems in the Employment Cluster of the Job Creation Law such as the elimination of several principal provisions in Manpower Law that indicates the role and presence of the state in labour law is getting minimum and also the Job Creation Law point out many things that returned the agreement mechanism by the parties. This show that, Employment Cluster of the Job Creation Law tends to the nachtwakerstaat concept and far away from welfarestaat concept. The solutions of the issues by doingrevision to the Employment Chapter of the Job Creation Law by adjusted the welfarestate concept, alsorestore and strengthen the function of the government as a part of industrial relations as a regulator and supervisor

Towards a Comprehensive Index of Labour Law Reform and Ranking of States

2021 ◽  
pp. 097674792198914
Author(s):  
Bhaskar Dasgupta
Keyword(s):  
Manufacturing Sector ◽  
State Level ◽  
Research Direction ◽  
Law Reform ◽  
State Governments ◽  
Labour Law ◽  
Comprehensive Index ◽  
Sector Performance ◽  
The Government ◽  
The Relationship

Since the pioneering paper by Besley and Burgess (2004) claimed to have found a positive relationship between flexible and pro-employer labour regulations with manufacturing sector performance, there has been an increasing pitch among policymakers to rationalise India’s complicated labour laws. Several state governments have since undertaken significant reforms in their respective labour law regimes. During the recent pandemic-induced lockdown, some states have gone to the extent of temporarily suspending labour laws to kick-start the economy. The Government of India has also recently consolidated the fragmented labour laws by integrating them into four functionally arranged Codes. But the regulatory measure developed by Besley and Burgess, the very basis of their conclusions, has been criticised on the ground of narrow coverage, methodological inconsistency, misclassification of amendments, etc. This article, therefore, attempts to construct a comprehensive Index by mapping state level-amendments in five important labour legislations over the seven-decade period from 1949 to 2017 and coding those amendments. The article is organised as follows: After the context-setting introductory section, the second section summarises the existing evidence on the relationship between labour regulations and manufacturing sector performance in India. The third section discusses the limitations of Besley–Burgess Index. The fourth section briefly mentions the research direction post publication of Besley–Burgess paper. The fifth section develops a comprehensive Index, and it discusses how it improves the BB Index. The sixth section concludes the article. JEL: J3, K3

scholarly journals REFORMASI HUKUM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL SECARA MEDIASI

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Yetniwati Yetniwati ◽  
Hartati Hartati ◽  
Meriyani Meriyani
Keyword(s):  
Human Rights ◽  
Key Words ◽  
Dispute Settlement ◽  
Civil Service ◽  
Industrial Relations ◽  
Law Reform ◽  
National Commission ◽  
Article 9 ◽  
The Government

Dispute settlement of Industrial Relations through mediation stipulated in article 8 of the Act Number 2 Year 2004 was assisted by a mediator of manpower officials. In addition, article 9 regula-tes the qualifications of mediator. These two articles are very discriminatory as they are contrary to the fact that mediator of government officer should also be subject to the Civil Service Act. Besides, the government mediator would have superiors and subordinates according to the hierarchy of their positions. This would open possibility of intervention of the superiors that would interfere the mediator in performing his/her duties. Consequently, independent mediator would never be reali-zed. In fact, mediator is not only from government officer but also from other field such as lawyers, lecturers, National Commission of Human Rights (Komnas HAM), and any capable and non-allign-ed mediators. This would be one of solutions for the government to solve the shortage of mediators in Indonesia.                                                     Key words: mediation, mediator, law reform

scholarly journals Radical Labour Law Reform and the Demise of the Victorian Industrial Relations System

1970 ◽  
Vol 19 (3) ◽  
Author(s):  
Richard Mitchell ◽  
Richard Naughton
Keyword(s):  
State Government ◽  
Industrial Relations ◽  
State Intervention ◽  
Law Reform ◽  
New Right ◽  
Employee Relations ◽  
Voluntary Agreement ◽  
Labour Law ◽  
The Past ◽  
New System

In October 1992 the newly elected Victorian state government (a coalition of the conservative Liberal-National Parties) under the leadership of Jeffrey Kennett introduced its legislative programme for deregulating the Victorian state industrial relations system. The most important in a series of enactments was the Employee Relations Act 1992 1 (the ERA) which sought to implement a revolutionary new system of industrial relations inspired by the ideas of the "New Right" as they have emerged in Australia, and elsewhere, over the past twenty years (Mitchell, 1993a). These ideas, founded upon a supposed "economic rationalism", advocate the regulation of labour markets by voluntary agreement between employers and employees to the total, or at least substantial, exclusion of unions and state intervention

JAMINAN SOSIAL TENAGA KERJA DI INDONESIA SEBAGAI NEGARA KESEJAHTERAAN DITINJAU DARI PERSPEKTIF HUKUM PROGRESIF

2016 ◽  
Vol 32 (1) ◽  
Author(s):  
Ayunita Nur Rohanawati
Keyword(s):  
Social Security ◽  
Legal Theory ◽  
Industrial Relations ◽  
Secondary Data ◽  
Black And White ◽  
Collection Process ◽  
The People ◽  
Document Collection ◽  
The Government ◽  
Security Regulations

AbstractThis study aims to determine the social security system adopted by Indonesia, see Indonesia as a function of the welfare state as mandated by the 1945 Constitution has not done well, and to know the view of progressive legal theory legislation related to social security in providing solutions to the problems of social security the workforce. This research is devoted to the study of normative legal systematics, which is intended to determine the implementation of a theory of the legal conditions that exist in society. Results of this study produces a secondary data. The data obtained from the document collection process or library materials. Of the collection process, the data were analyzed qualitatively, systematically arranged, and presented descriptively. The results showed that Indonesia is still not able to fully administer social security for the people, where social security is still a “black and white” but the State has not been able in practice to assume responsibility for the implementation of social security as a whole. About social security, the Government is still not able to provide significant changes to the equalization gain social security for the workers, but changes in social security regulations on labor is performed repeatedly. Necessary party whom dared to take a policy or decisions that benefit the workers to realize the welfare of the workers. Parties reffered to the law is used as a progressive peeler, is a party that has an important role that enterpreneurs and the Industrial Relations Court Judge.Keywords: Social Security, Labour, Progressive LawIntisariPenelitian ini bertujuan untuk mengetahui sistem jaminan sosial yang dianut Indonesia, melihat fungsi Indonesia sebagai negara kesejahteraan sesuai amanat Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 belum terlaksana dengan baik, serta untuk mengetahui teori hukum progresif memandang peraturan perundang-undangan terkait jaminan sosial tenaga kerja dalam memberikan solusi atas permasalahan jaminan sosial tenaga kerja tersebut.Penelitian ini bersifat normatif yang dikhususkan pada penelitian sistematika hukum, yang dimaksudkan untuk mengetahui implementasi pelaksanaan suatu teori terhadap kondisi hukum yang ada di masyarakat. Hasil penelitian ini menghasilkan suatu data sekunder. Data tersebut diperoleh dari proses pengumpulan dokumen atau bahan pustaka. Dari proses pengumpulan tersebut, data yang diperoleh dianalisis secara kualitatif disusun secara sistematis dan disajikan secara deskriptif.Hasil penelitian menunjukkan bahwa Indonesia masih belum mampu secara seutuhnya menyelenggarakan jaminan sosial bagi rakyat, dimana jaminan sosial tersebut masih sebatas “hitam diatas putih” namun, negara belum mampu dalam pelaksanaannya untuk mengemban tanggung jawab pelaksanaan jaminan sosial tersebut secara utuh. Tentang jaminan sosial tenaga kerja, pemerintah masih belum mampu memberikan perubahan yang signifikan terhadap pemerataan perolehan jaminan sosial tenaga kerja bagi para pekerja tersebut, padahal perubahan peraturan tentang jaminan sosial tenaga kerja tersebut berulang kali dilakukan. Diperlukan pihak yang berani untuk mengambil suatu kebijakan atau keputusan yang bermanfaat bagi pekerja demi terwujudnya kesejahteraan bagi pekerja. Pihak sebagaimana dimaksud jika hukum progresif yang digunakan sebagai alat pengupas, adalah pihak yang memiliki peran penting yaitu pengusaha dan Hakim Pengadilan Hubungan Industrial.Kata Kunci: Jaminan Sosial, Tenaga Kerja, Hukum Progresif.

Social Dialogue Under Globalization in Nigeria: Does Democracy Add Value?

2007 ◽  
Vol 5 (1) ◽  
Author(s):  
Ifeanyi P. Onyeonoru ◽  
Kehinde Kester
Keyword(s):  
Industrial Relations ◽  
Work Place ◽  
Consensus Building ◽  
International Labour Organisation ◽  
Labour Relations ◽  
Social Dialogue ◽  
Modest Contribution ◽  
Social Partners ◽  
Oil Sector ◽  
The Government

Social dialogue as an aspect of the International Labour Organisation (ILO) is aimed at promoting industrial democracy by encouraging consensus building among social partners in the work place. The significance lies, among others, in minimising conflicts to enable harmonious industrial relations. This study utilized specific case illustrations to examine the inclination of the Nigerian government towards social dialogue in government-labour relations, with particular reference to the Obasanjo era 1999-2007— a period associated with the globalization of democracy. The cases included the minimum wage award 2000, University Autonomy Bill, the price deregulation of the downstream oil sector and the Trade Union Amendment Bill 2004. It was found that the government exhibited a penchant for authoritarianism in spite of the globalization of democracy. This was evident in the incapacity of the Obasanjo government to engage the social partners in social dialogue as indicated by the cases reviewed. The study, however, highlighted the modest contribution to social dialogue made by the wider democratic structure. It was concluded that the government had limited capacity for consensus building, accommodation of opposition and negotiated outcomes in government-labour relations

scholarly journals The emergence of coercive federal Australian labour law, 1901–2020

2021 ◽  
pp. 002218562110039
Author(s):  
Eugene Schofield-Georgeson
Keyword(s):  
Industrial Relations ◽  
High Volume ◽  
Union Power ◽  
Labour Law ◽  
Industrial Environment ◽  
The Past ◽  
Low Levels ◽  
Labour Legislation ◽  
Employment Legislation

Over the past two decades, industrial relations scholarship has observed a trend towards an increasingly punitive industrial environment along with the ‘re-regulation’ of labour law. Absent from much of this literature, however, has been an empirical and historical measurement or comparison of the scale and quality of this systemic change. By surveying coercive and penal federal industrial legislation over the period 1901–2020, this study shows empirically that over the last 40 years, there has been a steep increase in the amount of coercive federal labour legislation in Australia. It further measures and compares the volume of coercive labour legislation enacted specifically against ‘labour’ and ‘capital’ or both throughout the same period (1901–2020). Analysis reveals a correlation between a high volume of coercive labour legislation with low levels of trade union power and organisation. Argued here is that coercive labour legislation has been crucial to transitioning from a liberal conciliation and arbitration model of Australian industrial relations towards a neoliberal framework of employment legislation. In the former, regulation was more collective, informal and egalitarian (embodied by the sociological concept of ‘associative democracy’). Under a neoliberal framework, regulation is now more individualised, technical, punitive and rarely enforced, resulting in less equal material outcomes.

The Labor Government's Industrial Relations Policy: Flexibility with Equity

1992 ◽  
Vol 3 (1) ◽  
pp. 112-125 ◽  
Author(s):  
Peter Cook
Keyword(s):  
Management Practices ◽  
Industrial Relations ◽  
Safety Net ◽  
International Markets ◽  
Vital Role ◽  
Workplace Culture ◽  
Equity And Efficiency ◽  
The Government ◽  
Wage Increases

The fundamental objective of the Government's industrial relations policy is to encourage and assist Australian companies and their employees to adopt work and management practices that will strengthen their capacity to compete successfully both in domestic and international markets. To this end we support co-operative and equitable workplace bargaining, with wage increases being linked to the reform of work practices and attitudes. Our support for decentralised bargaining is aimed at improving productivity by fostering a new workplace culture of striving for continuous improvement. We emphatically reject the view that such an outcome will be achieved by wholesale deregulation and reliance on unfettered market forces. The Government is committed, for both equity and efficiency reasons, to maintaining the Accord approach to wages policy. We are also committed to an independent Australian Industrial Relations Commission playing the vital role of protecting lower paid employees through the safety net of minimum award wages and conditions.

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