CHAPTER 14: TRADE DISPUTE SETTLEMENT

Transcription

1 CHAPTER 14: TRADE DISPUTE SETTLEMENT OCTOBER 2010

2 OVERVIEW RESOLVING TRADE DISPUTES INDUSTRIAL COURT

3 1. RESOLVING TRADE DISPUTES

4 1.1 DIRECT NEGOTIATION Ideal method 2 parties are willing to come together for discussion until a satisfactory compromise is reached Solutions arrive at by mutual decision between the 2 parties without the involvement of an outsider is more likely to result in smooth implementation without further damaging their relationship Seen as a mature and harmonious way of settling a dispute

5 Voluntary negotiations- encouraged in the IRA Eg: a collective agreement must include a grievance procedure(a method the parties can use to settle any dispute arising out of the implementation of the agreement)

6 1.2 CONCILIATION Definition: process of arriving at a settlement of a trade dispute with the help of a third party(neutral party) Carried out by officers of the Dept of Industrial Relations Can be voluntarily requested requested by either of the disputing parties, or the Director General of Industrial Relations may intervene in public interest, requiring the parties to attend a conciliation meeting- >COMPULSORY CONCILIATION Director General cannot intervene, however until he is sure that the parties effort to settle the problems themselves although negotiations have filed

7 Procedure IR officers meet the parties Both parties brief on problems that have arose IF officer advice both parties until acceptable by both parties It must be noted that the officers have no authority to insist that the parties accept any particular recommendations If the 2 parties still fail to resolve, the DG can: Use other methods to bring the 2 parties to resolve the problems Inquire further the causes and circumstances of the dispute Appoint arbitrator

8 1.3 ARBITRATION When the disputing employer and union cannot find a solution by themselves with the help of the DG, arbitration may be the only way to settle dispute In arbitration, an impartial 3 rd party which is Industrial Court is given the authority to settle the dispute by examining the information given by both sides and then make judgement

9 Types Voluntary: 2 Parties disputing request a third party to solve the problems and they are willing to accept whatever decisions made by arbitrator Compulsory: the 2 parties are compelled by law to have arbitration Decision of arbitrators will be an award and shall be binding to parties in dispute

10 1.4 MEDIATION A rare method; not mentioned in employment laws but is occasionally used nevertheless The mediator needs to pay for the services whereas conciliation is free Similar to conciliation in that a neutral 3 rd party is called in by the employer and the trade union who are in the midst of a dispute to help them find a settlement The mediator is not usually from the government, but is a person considered unbiased and impartial and is respected and trusted by both parties A politician or other local leader may intervene in a dispute at the request of the parties and he may be able to bring about a settlement

11 2. INDUSTRIAL COURT

12 2.1 ROLE OF INDUSTRIAL COURT: PART 7 IRA Role: To provide a peaceful and unbiased means of settling disputes between employer and employees(arbitration) To prevent conflict from escalating

13 2.2 STRUCTURE OF THE INDUSTRIAL COURT: SECTION 21, IRA Industrial Court consists of a President appointed by YDPA and a number of Chairman to assist president and also 3 panels: Representative of employer Representative of employees Independent person

14 2.3 PROCEEDINGS: SECTION 27 OF IRA Parties to a dispute may be represented at the hearing as follows: Employer may choose one of his officers (from Industrial Relations Dept of Legal Dept) to present his case, if can be represented by officer/employee of association or represented by MEF official Union of employees may appoint officer/employee of trade union of MTUC official to represented them Employees may be represented by office/employee of trade union or MTUC

15 2.4 POWER OF INDUSTRIAL COURT: SECTION 29, IRA To summon any person who in the court s opinion is connected with the proceedings To join, substitute or strike off a party To take evidence on oath or affirmation To compel the production of books, papers, documents To hear and determine the dispute referred to it in the absence of any party notified to the proceedings and despite the failure of any party to submit a written statement within the prescribed time To conduct its proceedings in private To call in the aid of experts To direct and do everything necessary to determine speedily the dispute referred

16 POWER OF INDUSTRIAL COURT: SECTION 30, IRA To make an interim award(award relating to issues in dispute before the court) To make a consent award(award based on terms of settlement reached to parties to the dispute before the court, prior to or during the proceedings) To specify period for which an award is to be effective

17 POWER OF INDUSTRIAL COURT: SECTION 33B, IRA Award of Industrial Court shall be final and conclusive and shall not be challenged, appealed against, reviewed or called in question in any court

18 2.5 JURISDICTIONS OF INDUSTRIAL COURT(IC) Definition Practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility The right and power to interpret and apply law

19 Jurisdictions Unfair dismissal claim: IC has jurisdiction over representations alleging unjustified dismissal made by non-unionized workmen against their employers Trade disputes: IC has jurisdiction over trade disputes referred to for arbitration by the Minister. He may refer a dispute to the Court on the joint request of the employer and also of the union representing workmen. He may also refer a dispute on his own motion, if he is satisfied that he is expedient(helpful) to do so.

20 Interpretation of collective agreement or award: IC has jurisdiction over all collective agreement entered into by employers and workmen s unions. Every agreement must be submitted jointly by parties to the court for its cognizance or approval. IC also has jurisdiction over request to interpret awards. In interpreting an award, the Court is required to afford the parties thereto a reasonable excuse to be heard. Contravention of union rights or complaints of non-compliance IC has jurisdiction over complaints alleging non-compliance with awards or approved collective agreements and also over complaints alleging contravention of the trade union rights and responsibilities imposed on employers and workmen.

21 Amendment IC has the power to require the parties to amend the agreement as directed by it. And if they refuse, the court has the authority to amend the agreement itself after affording them a reasonable opportunity to be heard. Misbehavior IC has jurisdiction over any contempt or misbehavior committed in its presence. The court may detain the offender in custody or have him removed. It may also punish him by fine or imprisonment, or discharge him or remit his punishment.

22 Bonus Bonus: a widespread practice in the private sector. Encouraged by the gov- ingredient in the flexi-wage system where workers are rewarded financially if the company improves its productivity Reduction of existing benefits