Defects of Current Labour Legislations Defects of Current Labour Legislations

Defects of current labour legislations defects of

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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
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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
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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
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Paradigm Shift; Old law to the New
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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
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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

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