WHY THE CHANGE? Defects of Current Labour Legislations Defects of Current Labour Legislations – – • Promote instability in the labour market • Economic liability – incurred productivity losses Economic liability – incurred productivity losses • Poor HRM and HRD practices & stifle social and economic Poor HRM and HRD practices & stifle social and economic progress progress • Discriminatory nature & Marginalized workers not covered Discriminatory nature & Marginalized workers not covered • Poor maternity protection and gender insensitivity Poor maternity protection and gender insensitivity • Piece meal changes not effective • Hierarchical & Litigation biased Dispute machinery • Lack & Inadequate access to Trade Dispute Machinery • Created more conflicts & disputes in workplaces
What is the effect of change New Legislation: – • One Umbrella Law - User friendly, Consolidates 6 Labour Laws • Promote consultative Good Faith approach • Wide coverage - Domestic, government, sugar mill workers • Conducive for business and national productivity development • Encourage cooperation and good governance Labour Management Consultation and Cooperation (LMCC) • Maintain flexibility in wage settings 10 Wages Councils -sets minimum rates of pay Individual contract - include productivity measurement tools Improve minimum Labour Standards - Uniform Standards applicable to all workers • Promote inclusiveness and Partnership – Equal Employment Opportunities (EEO) and Bi-partite involvement in LMC • Non-discriminatory • Promote welfare & prosperity • Compliance with Constitutional Requirements 10
What is the effect of change Cont’d • Compliance with ratified ILO Conventions • Improve ER climate based on mutual trust, respect, dignity & fair dealings • Promotes Social Justice Principles • Establishment of a national Mediation Services with Ministry • Establishment of dedicated Employment Relations Tribunal & Employment Relations Court within the Ministry • Speedy resolution of employment grievances & disputes 11
Paradigm Shift; Old law to the New
Creation of the ER Legislation Stages of Development • 1996 First draft, Industrial Relations Bill based on NZ Employment Contract Act • 1998 Tabled in Labour Advisory Board • 2000 Delayed by the events of 2000 and subsequent boycotts of trade unions [ LAB meetings and other tripartite bodies under the Labour Ministry] • 2002 The LAB Subcommittee and their Experts developed IR Bill version 2 [by amending IR Bill after incorporating their stakeholders’ comments, as completed in 1998 • 2003 Third draft ( version 3 ) - examined by Ratu J. Madraiwiwi – aligned with ILO Conventions & Constitution 03/18/20 13
Creation of the ER Legislation Stages of Development • 2004Fourth draft - Employment relations Bill, invigorated with-clear policy framework; (Extreme Makeover) – Established Institutions for speedy resolution of disputes – Code of Good Faith, Code of Ethics for Mediators and – Equal Employment Opportunities, Discrimination & Sexual Harassment policy.
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- Spring '19
- Trade union, ILO, LMC