Law and Industrial Relations

8/4/2019 Law and Industrial Relations

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DEFINITIONS:

Law: A body of rules put in place and upheld bystates.

Lawsspecify rights, duties, obligations and goodconduct in any jurisdiction.


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Natural Justice in employment situation dictatesthat: Employees must be given a clear understanding of the infringement

they have committed

Employees must be allowed a fair investigation

Employees must be allowed a chance to defend themselves

The decision taken must be unbiased

Penalty must be appropriate for the infringement. Penalty should be applied on a timely basis.

They should be given a chance to improve their performance and ifnecessary be provided with training


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Due Process

Regulations must be clearly written so that a

reasonable person can identify an infraction. Right to a fair and public trial

Right to confront the accuser

Right to an impartial jury

Right to bring evidence in ones own defence

Right of appeal


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Labour Law

Protects workers

Minimum Wage Act Maternity Leave Act

Employment (Equal pay) Act

Supports the process of collective bargaining

TUAct

Restricts excessive Industrial Action

LRIDA


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LABOURLAW

The Employment (Termination and RedundancyPayments) Act

Notice Pay

Probation

Redundancy


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TENURE

Under 5 years 5 but less than 10

10 but less than 15

15 but less than 20

20 and over

NOTICEREQUIRED

Not less than 2 weeks Not less than 4 weeks

Not less than 6 weeks



LABOUR LAW- NOTICE PAY


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Continuity ofService

The following does not affect continuity of

service: Change or transfer of ownership

Succession after death

Sick leave or vacation leave

Strikes or lock-outs

National service

2 week of contract break

Employment in associated company


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PROBATION

The Act allows a maximum of 90 days duringwhich the contract may be terminated by eitherparty without notice. Probation may be extended,but the normal period of notice will begin to apply

after 90 days.


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REDUNDANCY

Redundancy occurs in a place when as a resultof changing circumstances of the employer,

or because of personal injury to theemployee, the job ceases to exist.

(NoelCowell)


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Eligibility for Redundancy Pay

Employees must have been

Employed for a period of 104 weeks

Dismissed by reason of redundancy

Compelled to terminate contract

Laid off for 120 days or more


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Pay forTime Not Worked

The Holiday with Pay Act (1947) Sick Leave

Vacation leave

Maternity Leave


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Vacation Leave

Eligibility (PrivateSector Workers)

One year qualifying period 2 weeks for less than 10 years

3 weeks for over 10 years

Leave prorated

Public holidays excluded

Accumulated up to 3 years


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Sick Leave

Holidays with PayOrder

Worker qualifies for sick leave with pay after 1 full year of

employment

Payment for sick leave is based on normal wages(excluding

overtime etc.)

1/22 days within the first year

Annual entitlement 2 weeks for each year


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Sick Leave benefit is not paid when:

It is provided for by some other statutory provision (like

NIS and WorkersCompensation)

ACLA provides better benefit

Employer is not notified of illness within first working day

Medical certificate is not provided after three days of

illness


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Law and EquityFor the purpose of this topic equity refers to legislation which

seek to prevent discrimination against an employee

Jamaican Law and Equity

The Employment (Equal Pay forMen and Women) Act

Maternity Leave Act (1979)


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Equal PayAct stipulates:

Males and females must get equal pay for equal

work

Mediation Procedure

Penalties for failure to comply


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Maternity LeaveAct.

Employers must grant period of leave with pay towomen who have given birth to a child

Act covers private sector and public sector

employees

Debate surrounding the granting of Paternity Leave to men,or equal arrangements for men who are fathers


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Safety (Factories Act)

Requires that adequate measures be taken to ensure safety

of workers

Act covers premises where steam, water, mechanical and

electrical power used in commercial manufacturing

Amended to include docks, shipping, construction industries


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List of Jamaican laws

TradeUnion Law, 1919

Factories Act, 1943

National InsuranceScheme Act, 1965

EmploymentTermination and Redundancy Payments Act, 1974

LRIDA Act, 1975 (Amended 2002)

NationalMinimum Wage Act, 1976

Maternity Leave Act, 1974

Women (Employment of) Law 1974


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Individual Assignments

Individual assigned Act to research and make10 minute presentation at next lectures

Law and Industrial Relations

Documents

Transcript of Law and Industrial Relations