Sources of labour law

What is the definition of labour law? Why is the state of labor law so important? In pursuing these aims (and others), the objects of labour law include the contract of employment between employer and worker, working conditions within organisations, relations between workers, access to employment through the labour market, and more generally measures to steer the economy with a view to promoting full employment with decent jobs.

Labour Law sources list. WS before mentioned: 1) Legal and regulatory provisions of the State.

Collective bargaining agreements. The will of the parties expressed in the contract of the employment. In its most comprehensive sense, the term includes social security and disability insurance as well. The hierarchy of legal sources of Maltese labour law can be generally broken down as follows: Primary Legislation.

As such, it mediates many aspects of the relationship between tradeunions, employers and employees. It is the body of law that governs the employer-employee relationship, including individual employment contracts, the application of tortand contract doctrines, and a large group of statutory regulation on issues s. See full list on scribd.

Problems not regulated by the legislatorhave to be solved by recourse to the constitution. PRECEDENTThese are cases from the High Court and Court of Appeal which are either reported orunreported and are be used as authority and bind lower courts thereto. ReportedTanzanian cases are found in the Tanzania Law Reports, High Court Digests and EastAfrica Law Reports.

This is not only trueinasmuch as courts specify the general clauses and general terms of law , but alsoinasmuch as they have to fill in the gaps left open. Establishes the right of all workers and employers to form and join organizations of theirown choosing without prior authorization, and lays down a series of guarantees for thefree functioning of organizations without interference by the public authorities. The Convention requires the suppression of forced or compulsory labour in all its forms.

Aims at the abolition of child labour , stipulating that the minimum age for admission toemployment shall not be less than the age of completion of compulsory schooling, and inany case not less than years (for developing countries). Global report which will cover, each year, one of the four categories of fundamental principles and rights in turn. The report will be drawn up under the responsibility of the Director-General and will be submitted to the Conference for tripartite discussion. While the United Nations does not deal with labour matters as such, and recognizes theILO as the specialized agency responsible for taking appropriate action for theaccomplishment of the purposes set out in its Constitution, some UN instrument of moregeneral scope have also covered labour matters.

At the European level, a number of regional organizations that were created after the endof World War II have adopted legal instruments on labour matters. In the Americas, onlyfew of the recently established regional organizations have adopted labour lawinstruments. However, the instruments of theOrganizati.

In Tanzania, writers such as Issa Shivji have written books such as the “Stateand the Working People in Tanzania”. This is done by defining their rights and duties as well as regulating theirconduct.

Helps in increasing production of goods and provision of social services: this is don. The Constitution is the supreme law of the lan binding on all organs of State at all levels of government. The interim Constitution was the product of months of negotiations and effectively secured the demise of the ten year old tri-cameral constitutional system and the apartheid regime, which flowed from it. South Africa is a State founded on the principles of a constitutional democracy.

The Country is organized as a central State, which has been divided into nine provinces. At this time, the employment relationship was regarded as being a “master and servant” relationship. The starting point should be that a written contract of employment is not strictly a necessary requirement for the validity of an employment relationship.

This is to ensure certainty between the employer and employee, and attempts to protect the ‘vulnerable’ employee against the employer who holds the purse strings in the event of any disagreement as to the details. A comprehensive contract also has the benefit of being signed by both parties and is therefore legally binding. The working hours provisions do also not apply to sales staff who travel to customers and regulate their own hours, or to employees who work less than hours per month.

Save for the exceptions outlined above, the working hours of all other employees must be regulated in accordance with the BCEA and cannot be contracted out of or excluded. What then are those statutory hours of work? Ordinary hours of work (i.e. not overtime) may not be more than hours in a week or hours in a day. For employees who work a 6-day week, it is hours per day. Any additional hours will be considered overtime for which a specified amount of additional remuneration is prescribed.

Overtime is limited to a total of hours per week and then too, may not exceed 3. The BCEA makes it a criminal offence to employ a child under years of age or under the minimum school-leaving age, if this is older. It goes further by acknowledging that affirmative action measures are necessary to advance disadvantaged groups. Furthermore, the Constitution requires laws to be enacted to prevent discrimination, including workplace discrimination.

Usually wages are fixed by the employer or by collective agreements or by the employee’s contract of employment. The LRA sets out a procedure for the registration of trade unions and employer organisations. It allows a union which is independent, has a distinctive name, an address in the Republic and which has adopted a constitution which meets the requirements of the law, to make application for registration.

Unions and employer’s organisations are not obliged to register, but registration is a precondition for participation in the industrial relation system developed by the Act. The registrar of labour relations has the discretion to refuse an application to register a trade union, in terms of the Act. Chapter of the LRA sets out basic labour rights. Chief amongst these is freedom of association – the right of employees and employers to join and participate in the lawful activities of unions and employer organisations respectively.

The LRA states that one of its central objectives is to promote collective bargaining as a means of regulating relations between management and employees and as a means of settling disputes between them. The approach of the LRA is quite different from its predecessor. The collective dimension of the unfair labour practice jurisdiction has been effectively abolished and with it the duty to bargain. The object has been to create a statutory framework conducive to bargaining whilst preventing the judicial appropriation of politically sensitive terrain.

The key bargaining-promoting measures include: 1. The right to strike is entrenched in Section of the Constitution. The LRA does regulate the right to strike and lockout. A lockout is defined as an exclusion by the employer of the employees from the employer’s workplace for the purposes of compelling the employees to accept a demand in respect of any matter of mutual interest. Connect 1-on-with Certified Legal Professionals, Online and On-Demand. Get Law and Guidelines in Real-Time, Hours a Day.

Present Your Case - Free. Shop The Best Poster Prices Online. The Walsh-Healey Public Contracts Act, which requires payment of minimum wages and other labor standards by contractors providing materials and supplies to the federal government.

Administration and enforcement of these laws are by The Wage and Hour Division. Engagement of workers. Provisions as to offences. EMPI,OYMENT oF WoMEN, ADoLESCENTs AND CHILDREN.

Prohibition of night work by women and boys under eighteen. Principles of other branches of law are deeply embedded in labour law. Chief among these are principles of the law of contract, law of delict, criminal law , statute law , administrative law , constitutional law and human rights law. Employment of women in Mines.

Central to labour law , as already mentione is the contractual relationship between an employer and an employee. Customary law therefore exists side by side with civil law , provided that the latter is not deemed repugnant to morality. Notionally, the law recognises the customary laws of indigenous peoples in Botswana.

Another source of law in Botswana is the common law which is a medley of both Roman-Dutch and English common law.