Section 26 of the Labour Relations Act 95 of 1996 makes provision for the introduction of closed shop agreements at the workplace between majority unions and employers. All employees covered by such agreements are required to be members of such unions or otherwise face the possibility of dismissal. "Conscientious objector" employees are an exception to this rule. The purpose of this submission is to investigate the constitutional validity of s26 in the light of the fundamental right to freedom of association in the Constitution of the Republic of South Africa, 1 996 whilst investigating the position of "conscientious objectors" in certain foreign jurisdictions. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

Partnership has enjoyed fresh attention since the 1990s and consequently is a growing yet increasingly fragmented area of research. With the incoming Labour Government in 1997, policy has aimed to replace conflict with co-operation in employee relations. Partnership is an approach to managing the employment relationship based on the search for common ground between management, employees and their representatives and involves the development of long-term relationships built on high levels of trust and respect. Approaches to, and models of, partnership are still at a formative stage with no consensus on how partnership develops effectively. Despite the recognition that to understand partnership fully the study of the processes involved is necessary, little is known about these processes involved. Furthermore, the current body of literature on partnership in a UK context is limited in terms of its theoretical basis. The research set out to identify through which theoretical mechanisms partnership works. Informed by social exchange theory, the study examines the viability of partnership within the NHS and attempts to understand the conditions for its successful development. Two stages of empirical research using a mainly qualitative design were conducted. The first stage of fieldwork involved a preliminary investigation of the introduction of partnership in the National Health Service. The aim of this stage was to trace the introduction of partnership and to understand its antecedents and what had set out to achieve using data from eleven in depth interviews with key players at national, regional and local levels throughout the service. Stage two followed a case study approach and investigated the development of partnership in four NHS Acute Trusts. This stage involved a range of techniques (i.e. semi-structured interviews, focus groups, and documentation) examining the views of fifty five respondents from management and trade union representatives across the four Trusts and used data from 543 questionnaires to investigate employee's experiences of partnership. The study contributes to the partnership literature on the developmental processes of partnerships by utilising social exchange theory to better understand the viability of partnership. In particular, examining partnership from a social exchange perspective enabled a deeper understanding of the decision processes involved when deciding whether to co-operate. The study demonstrates that the theory (and its related concepts) can be helpful in examining the viability of partnership in understanding the mechanisms that lead to its successful development and the maintenance of the relationship over time. In assessing the viability of partnership, the thesis identifies the conditions under which partnership produces its effects and demonstrates how these differed in terms of changes in both the climate and the behaviour and attitudes of participants. In sum, the idea of social exchange would seem to provide an underpinning rationale for partnership. Some support for a new and expanding role for the trade union involving jOint work in developing policies was found. Trade unions appear to have a legitimate role in the relationship which is on the whole accepted by key management and trade union players. However, the union role has a low profile amongst managers and employees and trade unions lacked the organisation needed for partnership to be effective. Moreover, if trade unions are going to reap the potential rewards of partnership there should be a continuing effort to address the problems of capacity and capability (by increasing the numbers and capability of union representatives) in order to raise the profile and acceptance of the union among management and employees. In addition, there is a requirement for adequate training and support to ensure that these representatives have the attitude, skills and confidence to become effective representatives of the workforce.

In my thesis I concentrate on the topic of the equal treatment and the prohibition of discrimination. The reason why I have chosen this subject matter is for its topicality and constantly increasing significance. The equal treatment, as well as the prohibition of discrimination, has to be respected in labour relations to create respectable conditions for employees and equal opportunities for job applicants. In practice, these principles support also better productivity in a workplace, because the work environment, where the law is maintained, is the healthy and prosperous one. However, the reality is different and these principles are not always enforced. That is the reason why discrimination or unequal treatment still exist today and it is not phenomenon, which would be typical only for relations between employers and employees or job applicants. Therefore, the international, European and interstate legislation is evolving constantly in this area and it is changing in an effort to reach more efficient application in practice. The aim of this thesis is to analyse applicable legislation of the equal treatment and the prohibition of discrimination and its influence on labour relations. The whole thesis is divided into introduction, four separate chapters, which are subdivided into particular...

所謂電傳勞動(telework)，是指勞動者位在自身勞務成果受領人只要營業場所之工作站，藉電腦資訊技術及電子通訊設備為勞務給付活動之特殊勞動型態。其構想與實踐發端於1970年代，也引起不同學科領域研究者及實務界的重視與討論。曾有相當多樂觀的論者認為，電傳勞動可提供工業革命以降人員、物資集中化所導致眾多社會問題之解決契機，並預言在二十世紀結束之前，隨資訊科技日新月異、環保意識抬頭及勞動人口工作觀念變遷，電傳勞動必將成為工業先進國家居民主流的工作方式。儘管歷經三十餘年的發展、演進，電傳勞動雖未如早先預期般迅速擴張，但從其溫和、緩慢成長之趨勢看來，電傳勞動在未來仍有不可忽視的發展潛力。 自勞動關係(employment relations)的角度出發，由於電傳勞動在技術使用、職場空間與組織關係的特殊性格，讓傳統針對工廠及辦公室作業體制之社會規範系統遭遇全面性的挑戰。隨著有償性工作透過電腦網路向家庭、社區，乃至於任何可架設資訊設備之地點分散，包含勞動條件基準、勞工安全衛生等以事業單位為規範對象之法令即難以藉由行政檢查落實；新型態的作業流程與組織模式也限制了勞動者面對面接觸的機會，削弱工會與集體協商系統及其他廠場勞資共同決定制度運作之基礎。 此外，在雇主引入各式電傳工作設計以樽節經營成本、刺激生產效率、員工創意與組織靈活性之同時，與勞務彈性化密切相關的剝削，輻射能所促發的職業疾病，傳統職場人際關係解構所導致的工作不適應症、社會孤立感受，以及勞動者團結、交涉權力定位困難等問題，亦紛紛披戴著資訊社會副產品的外衣，悄悄登場於今日的工業社區舞台。如何對現象做不同層次的分析，掌握問題之本質，進而就所獲知識對新工業生活規則輸出方向及方式提出實質建議，使勞動者權益不致因技術條件變動而遭受損害，則是急待研究者關切之議題。 本研究採用Strauss and Corbins(1990)所建議之文獻分析技術，嘗試於整理1976至2000年間，包括：勞資關係、勞動法學、資訊管理、人力資源管理、交通運輸學、未來學、女性研究等學門針對電傳勞動關係研究所累積專論之過程中找尋問題範疇，再以個別、集體勞動關係作為論述主軸加以發展、呈現。全文計分六章一十四節，於第一章中詳述研究動機、方法及章節架構；研究主題之定義及概念則在第二章加以掌握，之後合併地三章對電傳勞動之技術基礎與社會意涵之討論提供為文繼續深入探討之一班性脈絡。第四、五章屬本研究之重心，分析電傳勞動對既有工業社區規範造成之衝擊與當事人回應對策；第六章歸納前術章節所有範疇形成結論，並對政府、雇主及工會組織提出具體之建議。

Section 26 of the Labour Relations Act 95 of 1996 makes provision for the introduction of closed shop agreements at the workplace between majority unions and employers. All employees covered by such agreements are required to be members of such unions or otherwise face the possibility of dismissal. "Conscientious objector" employees are an exception to this rule. The purpose of this submission is to investigate the constitutional validity of s26 in the light of the fundamental right to freedom of association in the Constitution of the Republic of South Africa, 1 996 whilst investigating the position of "conscientious objectors" in certain foreign jurisdictions. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

Orientador: José Dari Krein / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Economia / Made available in DSpace on 2018-08-22T15:32:11Z (GMT). No. of bitstreams: 1 Cunha_SebastiaoFerreirada_D.pdf: 1805411 bytes, checksum: c9e695addac49a4be63391ba3e049375 (MD5) Previous issue date: 2013 / Resumo: O objetivo central desta tese foi desvendar possíveis correlações entre a expansão do capital financeiro e as mudanças que redundaram na precarização das condições e relações de trabalho no Brasil na década de noventa. Observou-se que o capital financeiro fomenta os processos de fusão e de aquisição, colaborando para a concentração e centralização de capitais, que recrudesceram nestas últimas décadas em nível mundial. Como resultado, arranjos institucionais, a exemplo da holding, utilizam-se da reestruturação produtiva como forma de organizar a produção, seja internamente, na relação com fornecedores, ou entre os membros do grupo. Para ampliar a capacidade de extração de mais-valia e de enfrentar a concorrência, a utilização da flexibilização e da terceirização tornou-se elemento essencial. Assim, amplia-se a lucratividade operacional, indicador fartamente utilizado na estratégia da governança corporativa de acompanhar as possibilidades de ganhos no mercado financeiro. A terceirização, associada à empresa-rede, funciona como instrumento para viabilizar tanto a redução de custos quanto a flexibilidade numérica, ao mesmo tempo em que serve como colchão amortecedor dos riscos relacionados ao longo prazo do investimento. Esta realidade, associada a fatores políticos e econômicos, como o recrudescimento das políticas liberalizantes e a manutenção de uma agenda de reformas, também de cunho liberal, que redundaram em mudanças no comportamento do estadonação brasileiro, conduziram ao estreitamento do mercado de trabalho nacional e à precarização das condições e relações de trabalho. As pesquisas desenvolvidas permitem afirmar que os determinantes últimos destes movimentos estão associados a vários fatores e que é preciso levar em consideração o conflito permanente entre capital e trabalho / Abstract: The central purpose of this thesis was to uncover possible correlations between the expansion of finance capital and the changes that resulted in precarious conditions and labor relations in Brazil in the nineties. It was noted that financial capital fosters the fusion and acquisition, contributing to the concentration and centralization of capital, which in recent decades reinvigorated worldwide. As a result, institutional arrangements, such as the holding, use up the restructuring process as a way of organizing production, either internally or in relation to suppliers between group members. To enlarge the capacity of extraction of surplus value and to compete, and the use of the flexibility and the outsourcing has become essential to expand the operating profitability, an indicator widely used in the corporate governance strategy to monitor the potential for market gains financial. The outsourcing company network serves as a means for achieving both the reduction of cost as numerical flexibility, while also serving as mattress cushion risks related to long-term investment. This reality, coupled with political and economic factors, such as the resurgence of liberalizing policies and maintenance of a reform agenda, also liberal slant, which resulted in changes in the behavior of the Brazilian nation-state, led to the narrowing of the Brazilian labor market and the precarious conditions and labor relations. Surveys have revealed that developed the ultimate determining these movements are associated with several factors, but it is necessary to take into account the ongoing conflict between capital and labor / Doutorado / Economia Social e do Trabalho / Doutor em Desenvolvimento Economico

Philosophiae Doctor - PhD / Since the advent of South Africa's democracy in 1994 there have been several changes in the policy and legislative arena specifically promoting public-private-partnerships in the health sector. These initiatives have given rise to opportunities for inter-sectoral policy transfer under the rubric of ―best practices‖. This exploratory study examines the character, obstacles and contested nature of a selection of policy transfers between private and public health institutions in a single province of South Africa. The study looks at the dynamics at play around envisaged, current and past transfers of policies and organisational practices in relation to administrative systems and technologies used in four different hospital settings – two public and two private hospitals in the Eastern Cape Province of South Africa. This thesis explores the views of managers and labour organisations about policy transfer focusing on local contexts, and how various parties construct policy transfer, hence providing a perspective of policy at the ―plant‖ level. In this research, special focus is placed on different agents' role and understandings of their contexts and how and why policies move and contradictions of these developments. In-depth interviews were conducted at four major Eastern Cape hospitals. The thesis argues that in practice, policy transfer is messy, politicized and traversed by power and vested interests and that organised labour plays a key role in policy transfer process. The thesis focuses on the different philosophical/ideological underpinnings, socio-political values and operational environments in each sector. This study is designed to contribute to existing knowledge on practices particularly between the public and private sectors in order to widen the understanding of the complexity of transferability.

It took 18 months of intensive negotiation at the Millennium Labour Council, NEDLAC and the Labour Portfolio Committee before the Labour Relations Amendment Act of 20021 completed its passage through Parliament, taking effect on 1 August 2002. Fifty-seven amendments to specific sections of the Labour Relations Act2 and its schedules cure some obvious anomalies in the original version. It is further apparent that the legislature has taken cognisance of the observations by judges and arbitrators, who voiced their criticism in respect of certain aspects of the original "Act". The amended "Act"3 does appear to be a genuine commitment by both business and organised labour to improve efficiency in the labour market, to promote employment creation and to protect vulnerable workers. Improved dispute resolution mechanisms, enforcement mechanisms and the resurgence of an unfettered discretion in awarding compensation go some way to improving the application of the "Act". The most dramatic amendments have taken place in the law regulating retrenchments by large employers, inclusive of the controversial introduction of a right to strike after retrenchments of this nature have been effected, and the regulation of the transfer of a business as a going concern and its impact on workers. Critics indicate that business and organised labour have subscribed to the package of amendments despite respective reservations and due to certain time constraints. The nett result is a package of amendments that could be described as failing to address, in certain respects, or intentionally overlooking, areas of the "Act" that have traditionally been shown wanting in the past. In the individual employment law sphere specifically, the failure to address the meaning of "benefits" in the definition of unfair labour practices; to allocate a precise meaning to the concept of the transfer of a going concern; or to regulate the conduct of employers when transferring employees, remain some of the areas for concern. It appears that the legislature has decided that certain issues should be resolved by the Labour Court, and ultimately the Labour Appeal Court, on a case-by-case basis rather than by legislative intervention. Whilst this approach has merit, it does present problems to those seeking to apply the provisions of the amended "Act" 5 in everyday practice. On the whole, the amendments do not, nor were they designed to, mark a major shift in the government's labour market policy. The changes clearly focus on correcting and clarifying sections of the "Act", which have resulted in unintended consequences, or lost touch with commercial reality, over the past seven years.

RESUMÉ This thesis is concerned with equal treatment and prohibition of employment discrimination. I deal with international, European and Czech antidiscrimination law. The text is divided into an introduction, four main chapters, divided into subchapters, and a conclusion. The first chapter defines the fundamental terms, which are equality and discrimination. At first, I distinguish formal and substantive equality. In context of substantive equality, I explain the concepts of equal opportunity and equality of outcome. In the following part of the chapter I deal with the concept of discrimination. I describe the basic forms of discrimination: Direct and indirect discrimination. I also briefly discuss the issue of multiple discrimination. The second chapter concerns the most important international conventions that are related to my thesis topic. Those are the conventions of United Nations, Council of Europe and International Labour Organization. The third chapter focuses on the European Union law. First, I review the development of primary law. Further, I focus on the secondary law and three main anti-discrimination directives. The relevant case law of the Court of Justice of the European Union is regarded here as well. Great attention is given to the issue of discrimination against persons with...

Magister Legum - LLM