Section 197 of the Labour Relations Act (LRA) in both its original form and in its current form caused much confusion and debate. Originally it was interpreted that section 197 allowed for the automatic transfer of employees in cases where there was a transfer of the whole or part of a business, trade or undertaking as a going concern. That meant that the contracts of employment transfer to the new owner and that the employees could not refuse to be transferred. Various judges were tasked with interpreting this section in its original form and thus different interpretations emerged with the Labour Appeal Court ultimately deciding in the NEHAWU v University of Cape Town matter that employers involved in the transfer can decide between them, not to transfer the employees. The LAC further held that “outsourcing” does not necessarily entail a transfer of a business. Section 197 was amended in 2002 and the effect of the provisions is that the old employer is not required to seek the consent of the employees before their contracts are transferred and that the employment contracts transfer automatically. However, the current section has also raised some difficulties especially relating to: when does a transfer of a business as a going concern take place; what constitutes a “business”; when is an entity part of a business, trade, undertaking or service? A more glaring controversy relates to whether section 197 applies to “second-generation contracting out or outsourcing”. All provisions of the LRA should be interpreted in the context to advance economic development, social justice, labour peace and democratisation of the workplace. One of the primary objects of the LRA is to give effect to and to regulate the fundamental rights of the Constitution of the Republic of South Africa, 1996. Thus section 197 is to be interpreted in light of the objectives of the LRA as well as to promote the spirit, purport and objects of the Bill of Rights. The common law and international law are both important sources of comparison. The common law allows employers who transfer businesses free to decide whether or not the transfer will include the employees of the transferor. International law, particularly the European Union and the United Kingdom, favour the approach that when an entity is transferred, it retains its identity after the transfer and the safeguarding of employee rights in the context of business transfers. European and English jurisprudence have shown that almost any combination of events can constitute a transfer of a business.

This thesis deals with interpersonal relationships at a workplace. Its aim is to analyze the interrelationships of the selected company and map out subjective interpretations in the terms of employee relations. For these purposes the author uses interviewing techniques through interviews and observations, and based on their findings, she draws conclusions relating to both horizontal and vertical level relationships in the organization. The author formulates a positive and negative form of relationship through testimonies of respondents. She finds the differences between people preferring formal or informal dimension of the employment relationship, and at the same time she reveals several kinds of different strategies that people use in an effort of harmonious getting on at the workplace, both in the terms of prevention of bad relations and in connection with the intervention and the solution of the situation that has been problematic. The results show how "good" and "bad" relationships at the workplace are perceived through the eyes of respondents, nevertheless what is not confirmed, is the presumption that the negative form of relations will be most often represented by mobbing or sexual harassment at the workplace. Among respondents there is the concept of bad relationships linked primarily to...

Thesis (MBA)--Stellenbosch University, 2005. / ENGLISH ABSTRACT: Collective bargaining has gained more prominence within the industrial relations system as the latter is undergoing a worldwide transformation process. None of the effects of this transformation process is potentially more important to workers than the impact on dispute resolution. Changes in world markets furthermore necessitate a renewed emphasis on quality of products and services. Within this context labour conflicts in the public service have potential crucial consequences for the South African government's ability to promote economic development and service delivery. The Education Labour Relations Council (ELRC) with its nine provincial chambers provides the infrastructure for collective bargaining in the public education sector and plays an important role in managing conflict and disputes within this sector. The goal of this research is to determine whether the Western Cape provincial chamber of the ELRC (PELRC) is effective in the fulfilment of its statutory functions, with specific reference to its collective bargaining and dispute resolution functions. Data has been collected by conducting interviews using an interview schedule. The research indicated that the PELRC does perform its statutory collective bargaining and dispute resolution functions. The PELRC, however, is more active in terms of dispute resolution than collective bargaining. The research established that the PELRC does not measure its effectiveness. Results were inconclusive regarding the PELRC's effectiveness in terms of its service delivery. The research, though did manage to identify those factors that contribute to effectiveness as well as those that counter it. It furthermore indicated that when effective, the PELRC's service delivery has a positive impact on the said statutory functions. / AFRIKAANSE OPSOMMING: Kollektiewe bedinging het in vernaamheid binne die arbeidsverhoudinge sisteem toegeneem soos wat laasgenoemde 'n wêreldwye transformasie proses ondergaan. Geen van die gevolge van hierdie transformasie proses is vir werkers moontlik belangriker as die invloed wat dit op dispuut oplossing het nie. Veranderinge binne wêreld markte het verder 'n hernuwe klem op die kwaliteit van produkte en dienste genoodsaak. Binne hierdie verband het arbeidskonflik in die staatsdiens potensieel kritieke gevolge vir die Suid-Afrikaanse regering se vermoë om ekonomiese ontwikkeling en dienslewering te bevorder. Die Raad van Arbeidsverhoudinge in die Onderwys (RAVO) met sy nege provinsiale kamers verskaf die infrastruktuur vir kollektiewe bedinging in die openbare onderwys sektor en speel 'n belangrike rol in die bestuur van konflik en dispute binne hierdie sektor. Die doel van hierdie navorsing is om te bepaal of die Wes-Kaap provinsiale kamer van die RAVO (PRAVO) effektief is in die uitvoering van sy statutêre funksies met spesifieke verwysing na sy kollektiewe bedinging en dispuut oplossing funksies. Data is ingesamel deur onderhoude te voer waartydens 'n onderhoud skedule gebruik is. Die navorsing het aangetoon dat die PRAVO wel sy statutêre kollektiewe bedinging en dispuut oplossing funksies uitvoer. Die PRAVO is egter meer aktief in terme van dispuut oplossing as kollektiewe bedinging. Die navorsing het vasgestel dat die PRAVO nie sy effektiwiteit meet nie. Resultate was onoortuigend betreffende die PRAVO se effektiwiteit in terme van sy dienslewering. Die navorsing het wel daardie faktore wat tot effektiwiteit bydra sowel as dié wat dit teenwerk geïdentifiseer. Dit het verder aangetoon dat wanneer effektief, die PRAVO se dienslewering 'n positiewe invloed op die genoemde statutêre funksies het.

產業結構轉變，使得勞動保護法原所預想的勞工圖像造成變化， 及該保護設計漸不相吻合。知識經濟對於產業勞動關係之影響，產 生如行、職業分類標準，勞動基準法一體適用性，勞動關係從屬性 等衝擊；工作時間彈性化，工作壓力與工作滿足，工會發展之衝擊， 移動自由引起之問題等議題。今日，於知識工作者之定義仍眾說分 歧下，筆者從現行職場已出現非典型之勞動者這一塊，探究該知識工作者其勞動法制面如何因應，然為使焦點集中，故以個別勞動關係、集體個別勞動關係、工作環境權等勞動法制為核心進行探討。 就知識經濟下及多元社會發展下，立法者未來對於該勞動法制 之釐訂，或更須多加審視立法對象之個別情形。知識經濟下，非典 型勞動者中，知識工作者之工作型態已不同以往，由於其工作投入 源自於智力，完成工作之時間，已非傳統之計算方式可加以適用。 因此，管理者對於該知識工作者，已有對其工作時間採彈性規定， 對其工作成果採責任制導向等。故於時間規範，宜由勞資雙方自行協商。於勞工職業安全方面，知識工作者可能因工作產生精神壓力並造成心理方面之疾病，對此，國際組織及我國主管機關未來對於此種新興疾病，除瞭解其形成原因外，更須加以有效防範與採取解決之道，以謀勞動者之心理健康。 關於知識工作者其團體勞動意識之凝聚力如何加強的問題，或 應先探究勞動者成立工會之主要本質，即其須有明確之團體利益導向。因此，該組織之各知識工作者，因某事件而形成明確團體利益之意識下，則工會組織才會對其發揮作用，接續談及的團體協商、 爭議權之行使才有意義。而對於無工會之企業，應強調該企業健全 人力資源發展之重要，因為在人力資源發展良好的企業裡，其相對 會為員工設立健全內部申訴管道，如此或應可相當地解決員工之困 擾，消弭問題之滋衍。對於知識工作者因移動自由，不管是人權、團體勞動權利，皆有可類推適用之保障規範，然當該知識工作者因涉及涉外要素之民事事件時，則產生國際裁判管轄權之問題。而按法律行為發生涉外關係時，有關當事人自主原則，此時應判定其為「國際私法之當事人意思自主原則」，抑或「實體法上之當事人意思自主原則」，因為適時區別對該知識工作者權益會有所助益。 關鍵字：知識經濟、勞動關係、知識工作者、非典型勞動者 / Abstract Because of industrial structure transformation, it causes to change that the laborer image which the labour protection law originally expected to, and then the protection design gradually does not tally. Knowledge economy has its influence regarding industrial labour relations on the impacts of the occupation classification standard, labour standards law applying to all, the subservience of labour relations, and so on; the issues of the working time flexibly, working pressure and work satisfies, the impact of the trade union development, the causing problems of moving freely, etc. Nowadays, there are still different definitions to the knowledge workers, the author inquires into the labour laws how to built in about the knowledge workers that belong to the non－typical labours from the present duty field, however, for the point to be centralized, I focus on the individual labor relations, collective individual labor relations, and working environment rights, etc. Under the knowledge economy and a great diversity of social development, the legislators designing the labour laws in the future have to carefully examine the legislation object about the individual situation. On the knowledge economy，for the knowledge workers of non- typical workers, their working patterns have been differently than ever, as a result of their work investment source from to intelligence, the time about completing the work, it is not suitable for computing by traditional mode. Regarding this kind of knowledge workers, superintendents take flexible working time, pick the responsibility system guidance to their work achievement, etc. So to the code of conduct about time standard, it suitably voluntarily consults by labor both sides. To labour professional safety aspect, the knowledge workers possibly have the spiritual pressure and creating the psychological disease, the International organization and the government in Taiwan for this kind of emerging disease in the future, should understand its the reason of forming, also have to perform effectively and adopt ways of the solution, and seek for psychologically healthy of the workers. The question about the cohesive force of association consciousness for the knowledge workers how to strengthen , perhaps we should first inquire into the main essence about the labours why they set up the trade union, namely they must have the association benefit guidance. Therefore, the organization of various knowledge workers forms the association benefit consciousness under some event, then the labor union can display its function, continues the association which refers to consult, the dispute power enable significance. But regarding the enterprise that has no trade union founded, it should emphasize the sound human resources development, because of doing so, it relatively can set up the perfect internal appeal pipeline for the staff, and perhaps be possible to solve staff puzzle , extinguishes the question to incite spreads out. Regarding the moving freedom of knowledge workers, no matter what the human rights, the association right to labour, All the knowledge workers could be suitable the safeguard standards, however, when they involve in the foreign affairs about the essential factor of the civil event, thus causing the question of the international umpire jurisdiction. But according to the legal act which touches on foreign affairs, concerned independent principle of litigant, this should determine it is “The meaning independent principle of Litigant at the international private law”, or “In substantive law, the meaning independent principle of litigant”, for it is helpful to distinguish them at the right moment for these knowledge workers’rights. Keywords：Knowledge economy, Labour Relations, Knowledge worker, Non- typical worker

M.Phil. / The Social Plan is an alternative retrenchment process to section 189 of the Labour Relations Act No. 66 of 1995 as amended. When the now defunct Mpumalanga Development Corporation was dismantled in 1997, following the speech of the then Premier of the Province, of the 5 th December 1996, South Africa saw the Social Plan route being followed for the first time in its short democratic history. While the Social plan is the better of the two routes, it still looks good on paper, but has been let down by the trade unions, the employers, the development corporations and the individual beneficiaries themselves in this case. The sad part of this is that the Government departments and the development corporations are the custodians of the objectives sought and enshrined in the Social plan. Their failure to observe this fact and live up to the expectations it genders is itself an indictment on these stakeholders. The dissertation deals with the deeper analysis and findings of the events and the omissions that took place in pursuit of the implementation of this novel concept in a real life situation. Definite recommendations are made within the text that contributes to how the effort can be rescued for the benefit of the retrenchees and the economy as a whole. The approach in this work has taken the form of a literature review as well as a field survey. The field survey did not yield a very high sample, but 20 respondents, who are former employees who were retrenched following the Social Plan route, were interviewed. These respondents had been located in the former KwaNdebele and former KaNgwane regions of the Mpumalanga Province. The main problem that resulted in this research was that the country as a whole is suffering a very high rate of unemployed at 37.5% (according to the 2001 Census Report) in the Mpumalanga Province. While that needs some attention, there is an increase in the retrenchments coming as a result of various global and domestic factors. These collectively impact the employment situation more adversely than positively. The social plan being one tool chosen to alleviate the problems identified in its own self contained rationale for being, has failed to live up to the expectations of all the stakeholders affected by it. The experience of the stakeholders in the first attempt to implement the social plan, have defeated the very objectives of the social plan, which include, inter alia, the following: a ...to avoid job losses and employment decline wherever possible. In cases where large job losses are unavoidable, it would seek to actively manage retrenchments and ameliorate their effects on individuals and local economies". The findings in this study revealed that the social plan rather deepened the problem and exacerbated rather than alleviated it. This adversity is not due to the nature of the social plan as an approach and a route to meeting the aims of its creation. It is rather reflective of the way and attitude with which parties to the social plan failed to apply their best abilities and efforts in its application. The dissertation also touches on entrepreneurships, Post employment and the currently raging broad based black economic empowerment drive that has taken the country by storm in various sectors. The attempt by this drive is to address the possible acceleration of the integration of black people into business at all levels and not just at SMMEs or post employment. One could say the whole BBBEE drive seeks to address even the pre-employment era in the life of a black South African.

Panorama da produção de Rodrigo Brotero Lefèvre de 1960 a 1984 como arquiteto e professor universitário dentro do quadro político-cultural do Brasil à época. Aponta o imbricamento entre teoria e prática que lhe é característica, por meio de uma consciência do planejamento que transpassa escritos e obras. Recupera questões perenes de seu trabalho profissional como assalariado e autônomo: coletividade, técnica, nacional e futuro. Aborda os vínculos de sua produção com a corrente paulista da arquitetura moderna no âmbito da ideologia e da linguagem, a partir de uma crítica radical filiada à corrente interpretativa de intelectuais brasileiros marxistas, nos termos da dualidade entre arcaico e moderno. Destaca finalmente o comprometimento de suas idéias com usuários e produtores da arquitetura, na busca de uma síntese entre utopia e realidade. / This dissertation aims at giving a panorama of Rodrigo Brotero Lefèvre´s production from 1960 to 1984 both as an architect and a university lecturer, considering the political and cultural scenario in Brazil over that period. It shows the interweaving of theory and practice typical of this author, through a concern about and control of planning, which pervades his writings and works. It also raises the discussion of perennial issues related to his professional work as a wage earner and a self-employed man: collectivity, technique, national issues and the future. It focuses on the connection of his production with the modern architecture stream in the state of São Paulo as regards ideology and language, based upon a radical criticism associated with the interpretative tendency developed by brazilian marxist intellectuals, in the sense of the duality between archaism and modernity. It eventually stresses the commitment of his ideas to architecture users and producers, seeking a synthesis of utopia and reality.

Estudar a indústria têxtil paulista, um dos mais importantes setores fabris no final dos anos (19)20, é, de uma certa mneira, compreender uma parte fundamental daquilo que abrange o complexo industrial brasileiro. O objeto desse estudo, nesse sentido, é a evolução econômica da indústria têxtil do estado de São Paulo durante as duas décadas pós-Depressão (1929-1950). Seu desempenho produtivo, as mudanças das suas estruturas subsetoriais e espaciais e suas relações de trabalho são alguns dos aspectos que este trabalho pretende examinar / To study São Paulo\'s textile industry, one of the most important ones in the late 1920s., is, in a certain way, to comprehend a fundamental part of what the brazilian industrial complex comprises. The object of this study, thus, is the economic evolution of São Paulo state\'s textile industry during the two post-depression decades (1929-1950). Its production performance, the changings of its sub-sectorial and spacial structures and its labour relations are some of the aspects that this work seeks to examine.

Dans un contexte où l’on parlerait volontiers de « non-droit » ou de « droit invalide », où l’on serait tenté d’établir une corrélation entre secteur formel ou informel de l’économie et effectivité ou ineffectivité du droit, les modes d’intervention juridique de l’État dans les relations de travail ainsi que leurs formalisations, apparaissent sous-tendus au Togo par des réalités aussi diverses que paradoxales. L’analyse des conditions de production et de mobilisation du droit du travail permet de dégager quelques caractéristiques propres au fonctionnement de ce dernier en tant que système normatif au Togo. L’État peut sembler à la fois omniprésent et absent, puissant et impuissant. Les conditions de production du droit d’apparence hétéronome comme de celui élaboré sous contrôle étatique, conduisent à s’interroger sur la validité de certaines dispositions. Le droit positif apparaît parfois produit sans véritable attention à la question, pourtant essentielle, de l’articulation de ses sources et, quelquefois, selon des voies imprévues. Au travers du prisme particulier de l’analyse des mobilisations du droit du travail, des thématiques apparaissent récurrentes ou marginales, selon que l’on se réfère aux politiques et discours officiels ou bien à la pratique des acteurs institutionnels et sociaux. La réception du droit des relations de travail par ces derniers dépend en réalité non seulement du contexte socio-économique mais aussi des pouvoirs et situations en cause. L’interprétation juridictionnelle témoigne elle-même d’originalité quand ce n’est pas d’invention du droit. / In a context where we willingly speak of "non-law" or "invalid law", where one would be tempted to establish a correlation between formal and informal sectors of the economy and of the effectiveness or ineffectiveness of the law, legal intervention methods regarding labor relations by the State and their formalizations appear underpinned by both diverse and paradoxial realities in Togo. The analysis of labor law production and mobilization conditions reveals some characteristics of its operation as a normative system in Togo. The State may seem both omnipresent and absent, powerful and powerless. Production conditions of heteronomous law or state control law, raises questions about the validity of certain provisions. Positive law apears to be sometimes produced without proper attention to the essential question regarding the articulation of its sources, and sometimes in an unexpected way. Throughout the distinctive prism of the analysis of labor law mobilization, themes appear recurring or marginal, as they refer to policies and official statements as well as the involvement of institutional and social actors. The receipt of labor relations law by the latter depends in reality not only on the socioeconomic background but also on the powers and situations in question. Judicial interpretation itself shows originality, when this is not an invention of the law.

Thesis (MPA.) -- University of Limpopo, 2008 / Refer to document

For many years, workers petitioned the Supreme Court of Canada to intervene in labour relations to protect their collective bargaining rights. Finally, the Court answered the call, but the drastic changes made were not what workers expected. This thesis outlines the effect that the Court’s decision to intervene in labour relations had on the existing collective bargaining model. In making this determination, a historical analysis was done of the Court’s attitude towards using section 2(d) Freedom to Associate to protect collective bargaining, followed by a comparative analysis with United States jurisprudence to explain the effect of the Canadian decisions on the statutory provisions. The analysis revealed that the decisions had significantly weakened protections for workers’ rights, and provided the basis to conclude that the Supreme Court of Canada had used the Canadian Charter of Rights and Freedoms to deradicalize the existing collective bargaining model.