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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
51

An investigation to assess whether or not the employers of domestic workers do comply with the minimum conditions of employment as laid down in: Sectoral determination 7: Domestic worker sector.

Sibiya, Thandiwe. January 2006 (has links)
This research set out to ascertain whether the employers of domestic workers within the Msunduzi Area do comply with the requirements of Sectoral Determination 7: Domestic Worker Sector. For domestic workers who were exploited during the apartheid era, this determination was perceived as a mechanism that would liberate them (Department of Labour, 2005, p.7). Trade unions use collective bargaining as a tool to fight for employee rights. Domestic workers are unionised, but their trade unions are not as powerful as their counterparts in the private sector (Department of Labour, 2005, p.7). According to Huber (2001, p.20), one of the reasons domestic workers were excluded from most labour laws was the belief that it would be difficult to check whether or not each individual employer complied with the laws. This problem still exists and needs to be solved. Government laws were meant to protect vulnerable workers from exploitation (mainly farm and domestic workers), but what is actually happening is that, rather than protecting employees from exploitation, they serve as corrective action. They are only implemented when there is a case between an employee and the employer. The government has a responsibility to protect vulnerable employees such as domestic and farm workers. The mechanism instituted by the government to protect domestic workers was through the promulgation of Sectoral Determination 7: Domestic Service Sector, which lays down minimum working conditions for domestic workers (Department of Labour, 2005, p.9). The main aim was to alleviate exploitation of domestic workers by the employers due to the power imbalance between these two parties (Department of Labour, 2005, p.9). This study compares what the employer offers to an employee in terms of wages, working hours, meal intervals and leave. From the observation of the research, little research has been done on the compliance or non-compliance with Sectoral Determination 7: Domestic Service Sector, within the Msunduzi Region. The outcome of the findings from this research were that the minimum salary for those employees who work more than five days are R727,60 instead of R861,90 and for those domestic workers who work for five days a week it is an average of R528,93 instead of R567, 79. The results indicated that many of the standards set down by the government are clearly not being met by the employers of domestic workers, for example minimum wages are not being paid and maximum hours are being exceeded. The determination stipulated that the maximum hours that should be worked a week is 45 hours and a maximum of nine hours per day; this was not in line with the standards, seeing that the average amount of time worked per week by respondents was 46.9 hours and 9.3 hours per day. As far as meals are concerned Sectoral Determination 7: Domestic Worker Sector, indicated that the standard should be an hour meal interval for every five hours worked. Respondents from this study disagreed that they were given an hour-long lunch time and reflected that the average time taken for meals was only 30 minutes. Finally, domestic workers need to have annual leave of 21 consecutive days (Department of Labour, 2005, p.9). This standard was not being met, as the average number of days being given for annual leave is 16.5 days. Maternity leave should be given as four consecutive months for domestic workers. It was found that 89,3% of domestic workers were given maternity leave of less than the stipulated four consecutive months. Domestic workers should be given five days' leave for family responsibility (Department of Labour, 2005, p.9). The respondents indicated that this was not adhered to, as the average number of days being given to the domestic workers for family responsibility was 1.4 days. Only 13,8% of domestic workers were granted five days' family responsibility leave and approximately 67,6% received less than five days for family responsibility leave. The study recommended that there should be some kind of government policy of doing consistent spot checks in different areas in the Msunduzi Area and possibly the rest of the country. This will require the Department of Labour to increase its manpower. More labour inspectors will be needed to ensure that this whole area is sufficiently monitored. The study revealed that union officials need to devise means and ways of coming into contact with domestic workers. Employers were expected to have a copy of Sectoral Determination 7: Domestic Service Sector available, within easy access of domestic workers. / Thesis (M.B.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.
52

Globalisation and labour rights : the conflict between core labour rights and international economic law /

Kaufmann, Christine. January 2007 (has links) (PDF)
Zugl.: Habil.-Schr. / Formerly CIP. Literaturverz. S. [317] - 347.
53

Living letters

Burson, Cody January 2007 (has links)
Four students portray Pomona College housekeeping staff that cannot speak for themselves, taking their words from letters written to Pomona College President David Oxtoby about problems in the work environment. Problems includede are sex discrimination, failure of managment to respond, gossip being reported to managers and used in evaluations, employees being kept as 'on-call' for years without health benefits, a sense of hopelessness, that no one is listening, and if they talk to students they are labeled troublemakers. The film ends with a series of still photographs of 17 Pomona staff members taken on the Pomona College campus in various locations with their names and number of years employed by Pomona College.
54

Protection against unfair dismissal of employees living with HIV/AIDS in the workplace: a comparative study

Mbilinyi, Abel Jeru 29 February 2008 (has links)
No abstract available / Jurisprudence / LL.M.
55

Living Letters

Burson, Cody 01 May 2007 (has links)
Four students portray Pomona College housekeeping staff that cannot speak for themselves, taking their words from letters written to Pomona College President David Oxtoby about problems in the work environment. Problems included are sex discrimination, failure of management to respond, gossip being reported to managers and used in evaluations, employees being kept as 'on-call' for years without health benefits, a sense of hopelessness, that no one is listening, and if they talk to students they are labeled troublemakers. The film ends with a series of still photographs of 17 Pomona staff members taken on the Pomona College campus in various locations with their names and number of years employed by Pomona College. Notes "This film is dedicated to the staff of Pomona College and to the students who support them. May no one in our community ever feel thrown away. No staff member appearing in this video is in any way associated with its making."
56

The impact of international trade and investment policies on the labour rights of export processing zones' workers : the case of Kenya

Mwariri, Gladys Wanjiru January 2007 (has links)
Investigates to what extent international trade and investment policies affect the labour rights of EPZ (Export Processing Zones) workers in Kenya. Audit the existing legal and policy framework for labour protection in Kenya and determines the extent to which the labour rights of EPZ workers in Kenya are protected. Also examines whether whether the EPZs are beneficial to Kenya and identify ways in which the labour rights of EPZ workers can be protected. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Hani Sayed of the American University in Cairo, Egypt. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM
57

The relationship between personality variables and justice perceptions of the Employment Equity Act

Falconer, Leanne Teresa January 2000 (has links)
A dissertation submitted to the Department of Industrial Psychology, at the University of the Witwatersrand, Johannesburg in partial fulfillment of the requirement for the degree of Masters of Arts, by Coursework and Research Report, 2000 / The current research report examines the relationship between personality variables and the perceptions of distributive, procedural and interpersonal justice. The study was performed with 70 employees from a company that supplies a financial service to the man on the street and companies with regard to all movable assets. The results indicated that certain aspects of the personality as defined by Jung do impact on an individual's Justice Perceptions. However, the sample size was too small to draw any conclusive relationships. The theoretical and practical implications of this are discussed along with limitations of the current research and directions for future research have been considered. / AC2017
58

A critical analysis of the employees' right to strike and repercussions for participating in an unprotected strike : inconsistency on selective re-employment

Mmakola, Thukwe Solly January 2022 (has links)
Thesis (LLM.) -- University of Limpopo, 2022 / The study will analyse the legal position of the right to strike and the consequences of participating in an unlawful strike. The study will provide a brief practical implication of employees dismissed for participation in an unlawful and/or unprotected strike and the employer’s right to reemploy any employee dismissed for a misconduct relating to unlawful and/or unprotected strike. The study will further make a brief comparison with the labour law position relating to strikes in the United Kingdom (“UK”). At the end provide recommendations on how the law on participation on unlawful and/or unprotected strikes and reemployed of employees dismissed on misconduct relating to participation in an unprotected strike can be developed and improved.
59

Limites da negociação coletiva para proteção dos direitos fundamentais dos trabalhadores

Machado, Anna Catharina Fraga 25 February 2014 (has links)
The Federal Constitution of 1988 established a long list of rights and guarantees minimum standards for worker protection, to comply with the fundamentals of the Brazilian Federative Republic, embodied in the scope of human dignity and social value of the work. In this sense it is objective of labor law, by establishing principles and rules protective of working relationship, enable achievement of decent conditions for workers, especially in view of the employee be subject hipossuficiente the employment relationship. It is well to see that in the meantime so delicate relationship, collective negotiation arises as a mechanism to promote dialogue and provide adjustment of the different interests involved, since it has ductile nature to obtain optimal solutions, and should establish social bases minimum for good living and well being of the characters of the capital/labor ratio, the prospect that they contribute as partners in the economic development of the country. Collective negociation (and its possible fruits Conventions and Collective Negociation Agreements) should be through enforcement of the fundamental rights of workers. There is no other reason that the International Labour Organization recommends that collective bargaining is a fundamental right essential to the exercise of democracy and social dialogue. In the parental right to attempt collective bargaining is mandatory and must precede the collective bargaining agreement, according predicts Article 114, §§ 1st and 2nd, CF/88. However, important to note that collective bargaining can not result in undue benefits designed to meet unique interests of certain unions, to the detriment of the fundamental rights of workers. In this vein, the CF/88 while recognizing the institution of collective negociation as a fundamental right (item XXVI), establishes some parameters of what can be its object. So it is that in items of art. 7 of the Charter Biggest predicts that the wages (section VI) and workload (sections XIII and XIV) can be modified within the scope of collective negociation. Importantly, however, in everyday life we observe the existence of collective norms that deviate from the essence that should guide collective negociation. Therefore highly relevant research regarding its limits, through the possibility of cancellation of unfair terms, thus raising the debate with regard to the availability of workers´ rights at collective negociation´s headquarters. / A Constituição Federal de 1988 estabeleceu um extenso rol de direitos e garantias mínimas para proteção do trabalhador, visando cumprir os fundamentos da República Federativa Brasileira, consubstanciado no alcance da dignidade da pessoa humana e da valorização social do trabalho. Nesse sentido é objetivo do Direito do Trabalho, através do estabelecimento de princípios e regras protetivos da relação de trabalho, proporcionar o alcance de condições dignas para o trabalhador, mormente tendo em vista ser o empregado sujeito hipossuficiente na relação empregatícia. É bem de ver que no ínterim de tão delicada relação, a negociação coletiva surge como um mecanismo autocompositivo de promover o diálogo e proporcionar o ajuste dos diferentes interesses dos envolvidos, uma vez que possui natureza dúctil na obtenção de soluções ideais, devendo estabelecer bases sociais mínimas para o bom convívio e bem estar dos personagens da relação capital/trabalho, na perspectiva de que eles contribuam como parceiros no desenvolvimento econômico do país. A negociação coletiva (sendo seus possíveis frutos as Convenções e os Acordos Coletivos de Trabalho) deve constituir meio de efetivação dos direitos fundamentais dos trabalhadores. Não é por outra razão que a Organização Internacional do Trabalho preconiza que a negociação coletiva é um direito fundamental essencial para o exercício da democracia e do diálogo social. No direito pátrio a tentativa da negociação coletiva é obrigatória e deve anteceder ao dissídio coletivo, conforme vaticina o artigo 114, §§ 1º e 2º, da CF/88. No entanto, importante ressaltar que a negociação coletiva não pode resultar em benefícios indevidos destinados a atender interesses exclusivos de determinados sindicatos, em prejuízo dos direitos fundamentais dos trabalhadores. Nessa senda, a CF/88 ao passo que reconhece o instituto da negociação coletiva como direito fundamental (inciso XXVI), estabelece alguns parâmetros do que pode ser seu objeto. Assim é que nos incisos do art. 7º a Carta Maior vaticina que o salário (inciso VI) e a jornada de trabalho (incisos XIII e XIV) podem ser modificados no âmbito da negociação coletiva. É importante frisar que, entretanto, no cotidiano se observa a existência de normas coletivas que se afastam da essência que deve nortear a negociação coletiva. Por isso, de grande relevância a pesquisa a respeito dos seus limites, passando pela possibilidade de anulação de tais cláusulas abusivas, levantando, assim, o debate no que diz respeito à disponibilidade dos direitos dos trabalhadores em sede de negociação coletiva.
60

HIV/AIDS and the labour sector : examining the role of law in protecting the HIV positive worker in Kenya

Ojienda, Tom Odhiambo 05 1900 (has links)
Kenyan labour laws inadequately protect HIV positive worker. The Constitution of Kenya, 1963, does not prohibit stereotypical attitudes adverse to HIV positive workers and discrimination on the basis of health status. It does not provide for the right to employment, health and health care services, and fails to delimit privacy and dignity rights. Under the Industrial Property Act, 2001, the basis for Government exploitation of patent through compulsory licensing is whimsical and parallel importing is not envisaged. Employers unilaterally draft employment contracts notwithstanding their unequal power relations to employees. The HIV and AIDS Tribunal institutionalises discrimination against HIV positive workers on the basis of the ambiguous ‘inherent job requirements.’ Plausible international labour laws and practices have no place in Kenya unless they are domesticated. SUMMARY This thesis interrogates the Kenyan labour laws and policies to identify their inefficiencies and suggest recommendations for reform. It commences with an analysis of the topical issues associated with the HIV positive worker. It then examines the extent of prevalence and ramifications of HIV/AIDS in Kenya. Subsequently, it studies the efforts made at the international and domestic arena in protecting the HIV positive worker. A comparative analysis is made of the laws protecting the HIV positive worker in a number of countries, namely, South Africa, United States of America and Australia. The thesis draws conclusions and recommends measures on how best to protect the Kenyan HIV positive worker. The labour laws should be amended to prohibit discrimination on the basis of health status, provide for right to affordable medication and work, allow negotiation of employment contracts, list international laws that Kenya ratifies without reservation as a source of law and delimit the concept of ‘inherent requirements of a job.’ The public should be sensitised to embrace HIV positive workers. Once the new Constitution is enacted, it should list socio-economic rights as fundamental rights and reform the office of the ombudsman to deal with complaints against private employers. / (LL.D.)

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