Traditionally Bangladeshi women were not expected to work outside their homes, except in cases of dire necessity. The post independence period, since 1971, saw some major demographic changes, including the greater participation of women in various types of waged work. However, a more recent stage in this development has led to large numbers of women being drawn into the garments industry over the last decade. , In many ways the advent of the 'garments women represents a change in the traditional image of the Bangladeshi women. This thesis explores legal and social aspects of the lives of women in the garments industry in Bangladesh. A central theme is the possibilities for the use of law by women workers in the garments industry to protect their own interests. The legal research, therefore, examines the relevant law pertaining to industrial workers and their working conditions, and empirically investigates its application with respect to garments workers. The ideology relating to women in Bangladesh represented them as mute and . helpless victims. As a consequence it has been assumed that the legal system is beyond their reach. However, this investigation was predicated upon the idea of women's own agency. It is argued that, despite the constraints faced by women in every facet of their lives, they are able to act in their own interest and assert their rights on the basis of their own notions of fairness and justice. It was necessary, therefore, to listen to women's voices and acknowledge their own articulation of rights and resistance to masculine hegemony, both at work and in their homes. This was made possible by in-depth interviewing of garments workers. A decentred view of law helped to evaluate the ways in which women perceive their problems at work and make claims to fair treatment. The findings of the study led to a subversion of the myth of helpless Bangladeshi women, by presenting the diverse ways in which women in the garments industry resist socio-economic pressures. Data from in-depth interviews with women workers, lawyers, factory inspectors and legal claimants, and a quantitative analysis of Labour Court records, were all mutually reinforcing. They confirmed that women workers in the garments industry are using the law to resist workplace oppression. At the same time the particular litigation process pursued by the lawyers is unconventional in that it is used as a pressure mechanism against erring employers. The majority of the cases are settled outside the courtroom so that the women workers avoid the potential problems of a contested hearing. The lawyers apply their creativity in order to achieve maximum benefits for the workers. Some women, however, prefer to use the court as a platform to confront their employers. It is argued that .women are benefiting from these legal strategies both - materially and in other ways, not least in terms of enhanced self-esteem. These findings, which are contrary to the prevailing orthodoxy, open up the study of women workers and law in Bangladesh. Finally, the thesis suggests a number of seemingly small legal and administrative reforms which could improve the lives of women workers in the garments industry.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2003.

La notion de travailleur n'est pas définie de manière unitaire par le droit de l'Union européenne. De multiples définitions coexistent. L'objet de l'étude consiste à analyser la définition prétorienne consacrée dans le cadre de la libre circulation et déterminer celle-ci a vocation à irriguer l'ensemble du droit social communautaire. Dans le domaine de la libre circulation, la notion de travailleur a été érigée en notion communautaire. La teneur de la définition prétorienne est analysée. La mise en oeuvre de la définition par les juridictions communautaires et nationales est de même examen. La notion de travailleur subit l'influence des droits fondamentaux structurant l'ordre juridique communautaire. Les critères supplémentaires de circulation au sein de l'Union et de citoyenneté européenne, auxquels est assujettie la qualité de travailleur se heurtent au droit à l'égalité de traitement. L'articulation entre les figures du citoyen et du travailleur suscite également des interrogations. Dans d'autres pans du droit de l'Union européenne, la notion de travailleur ne constitue pas une notion communautaire autonome. La potentielle extension de la définition prétorienne au sein du droit dérivé est investiguée. L'analyse se déploie dans le domaine de la sécurité sociale, puis se focalise sur les normes gouvernant la relation de travail. Le domaine de l'étude inclut également les règles de conflit de lois et de juridictions et les règles relatives au détachement. / EU law does not provide a global definition of the notion of worker. A multiplicity of definitions coexist. The purpose of this study is to analyse the definition provided within the framework of free movement and to examine wether it should be adopted within EU emplorment law. In relation to the freedom of movement for workers, the notion of worker is a EU notion. The substance of the definition is analysed. The implementation of the definition by the European court of Justice and the national courts is also subject to scrutiny. The notion of worker is subjected to the influence of fundamental rights with the European Union legal order. The notion of worker is conditional to two additional criteria : exercice of teh freedom movement within the European Union and possession of European Union citizenship. These criteria come into conflict with equal treatment. The interelationships between the EU notions of worker and citizen raise questions. In other fields of EU law, the notion of worker is not a Community concept. The potential extension of the definition to secundary legislation is scrutiniezd. The analysis turns to security social law, then focuses on the rules governing the employment relationship. The study also includes an examination of rules on conflict of laws, rules on conflict of jurisdictions and rules governing the posting of workers.

Abrégé Cette memoire a pour le but la présentation de la demission et le licenciement dans le droit du travail français et la comparaison de ceux-ci avec le droit du travail tchèque. La partie préliminaire présente en bref le code du travail français et explique aussi le statut du salarié et de l'employeur dans le droit français et mentionne des problèmes qui s'attachent à cette problématique. La partie préliminaire, qui parle du caractère élémentaire de la relation de travail est suivie par la seconde partie, la partie principale, qui disserte sur des conditions dans lesquelles la relation de travail peut être rompue dans le droit français et compare leurs différences avec le droit tchèque. A la fin l'auteur délibère sur ceux différences et leurs avantages et désavantages.

No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 1998.

South Africa and Canada have emerged from a history fraught of inequalities, which were characterised by segregationist practices. Such inequalities have served as an epitome of discrimination taking place in the society and the workplace in both countries. Both South Africa and Canada had their discrimination affecting black peoples (Africans, Indians and Coloureds) and Aboriginal peoples (Indians, Inuits or Métis) respectively, women and people with disabilities. In both countries discrimination has polarised society. It is against this backdrop that both countries have attempted to eliminate unfair discrimination through the promulgation of relevant legislation that seeks to, inter alia, provide the regulatory framework in respect of employment discrimination. With the foregoing in mind, the purpose of this work is the provision of a selection of comparable aspects of employment discrimination in Canada and South Africa. This selection comprises discrimination on the basis of race, gender, sex, pregnancy, age and HIV/AIDS. The study uses, as its departure point, both countries’ constitutional framework to elicit the extent to which protection against unfair discrimination is extended to the workforce. Apart from looking at the constitutional provisions towards the elimination of unfair discrimination, reference is made to specific employment statutory provisions in order to provide a comprehensive and explicit picture of how workplace discrimination in both countries is regulated. The study focuses on substantive law from both countries about the above -mentioned aspects of discrimination. This is informed by the very nature and scope of the study because any concentration on procedural and evidentiary aspects of discrimination could lead to failure to achieve the objectives of the study. It also looks at specific Canadian and South African case law, judgments of the courts and jurisprudence in the field of employment discrimination in order that the reader is presented with a clearer picture of recent developments in addressing workplace inequalities.

Previously, our workplaces were characterised by serious hardships emanating from labour laws which did not always cater for all areas of the employment relationship. South African female employees were without a clear legitimate remedial right precluding any severe violation and infringement to their fundamental rights resulting from their pregnancy; a task they did not opt for in the first place, but was instead, naturally imposed on them as a result of their gender category. Undoubtedly, many female employees were victims of unfair discrimination. The legislature therefore saw it fit to democratise the workplace by making rapid statutory interventions. As a result, a number of significant changes in various spheres of our labour laws were brought in. Amongst the greatly notable valuable changes was the introduction of the Employment Equity Act 55 of 1998. This piece of legislation has generally reformed our industrial society by bringing in the elimination of unfair discrimination and thereby enhancing the principle of equity in the workplace. The act has further touched a place within hearts of female employees for fear of discrimination as a result of their pregnancy status or any reasons related to their pregnancy. The act further codified Industrial Court decisions that were already established under the discrimination law jurisprudence from the Labour Relations Act 28 of 1956. The application of the provisions of the Act has made the employment relationship no longer to be a comfort zone for employers. These general changes to the law also impact on the dismissal law regime. The purpose of this treatise is to give an overview of the applicable legislation and contributions made by the Labour Courts in developing pregnancy dismissal and discrimination law. The Labour Courts have handed down few judgements that have helped in clarifying the provisions of both the current Labour Relations Act and the Employment Equity Act around the topic. One should hasten to say that this has never been a smooth process by the courts. It is further shown in this treatise that some of the court decisions were not well accepted in the light of other important considerations, such as the equality provisions of the Constitution. For the purpose of effectively dealing with this topic, this treatise contains a discussion of the historical context of discrimination law in the form of common-law position, and the discrimination law before the Bill of Rights and the Constitution. It then endeavours to identify the legislative provision of the Act when it comes to discrimination law provisions. At the same time the important court decisions that were made are identified and examined.

LL.M. / Please refer to full text to view abstract

Magister Legum - LLM / Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.

Studies related to psychological contracts have made significant contributions to our understanding of the exchange relationship between employees and employers. However, the influence of national/organisational culture on the psychological contract has largely been neglected. The thesis examines the influence of national and organisational culture on the way in which psychological contracts are constituted, and how they may change following international assignments and repatriation. The research examines differences in the nature, and consequences of, psychological contract fulfilment or breach across two Saudi organisations in the petroleum and petrochemicals sectors. A qualitative case study approach was adopted. The data were gathered using multiple methods, including interviews, non-participant observations and analyses of organisational documents. The findings reported in the thesis draw upon 60 semi-structured interviews with employees who had been repatriated within the previous 12 months, and 14 interviews with Human Resource (HR) managers in the two organisations, triangulated with extensive documentary analysis and observations. The research findings demonstrate the influence of strong national cultural values shaping organisational culture and HR practices in both organisations, which, in turn, influence the content of the psychological contract (i.e. expectations and obligations) at an individual level, both pre- and post-international assignment. Differences were identified between the two organisations in terms of the influence of different national cultural values on organisational culture and practices; these differences influenced individuals’ perceptions of whether their psychological contract had been fulfilled or breached post-international assignment. The implications of this research are also considered.