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The purpose of this study is to highlight and critically assess the salient features of the Worker’s Rights Act 2019 of Mauritius.
Abstract
Purpose
The purpose of this study is to highlight and critically assess the salient features of the Worker’s Rights Act 2019 of Mauritius.
Design/methodology/approach
The various essential sections of the Act is assessed to underline the way they provide for an upgrade and progress in comparison with former labour legislation of Mauritius. The standards set by the International Labour Organisation are used as parameters to assess the salient features of the Act.
Findings
The new law puts the worker, as an individual human being, at the centre of the law and employment-related legal provisions have been designed accordingly. This law is an essential and much-needed shift from employer’s centred labour legislation to labour legislation that emphasises on rights of workers.
Practical implications
This study enables foreign and local employers and workers operating in Mauritius to understand and be acquainted with the new provisions on employment laws in force in the country.
Originality/value
This study is currently amongst the few available legal literatures on worker’s rights in Mauritius which adds to its originality. In addition, it is proposed as a building block on which further research on employment laws can be invited.
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Sujoy Sen, Sanjeev Kadam and Reshma Nair
This paper aims to study the motives that led to conflict between two groups – Employees of state-owned power distribution companies and the Government – over permitting parallel…
Abstract
Purpose
This paper aims to study the motives that led to conflict between two groups – Employees of state-owned power distribution companies and the Government – over permitting parallel licensing to a private company for power distribution services in selected areas of the Maharashtra state in India. The study also seeks to comprehend the reconciliation process and the role of leadership in thwarting the strike that could have impacted common citizens.
Design/methodology/approach
The research is built on a case-based approach to analyze the pre- and poststrike environment along with the impact of the power shortage during the few hours of the strike. A semi-structured interview method wherein government and employee union representatives were interviewed to understand their version of the incident is used. Related literature, reports and news were reviewed to realize the impacts and consequences of similar situations in the past.
Findings
The strike was called off within a few hours with the intervention of state government to resolve the issue, promising the union the government’s intention not to privatize but to invest INR 500bn in the three government companies. The parallel licensing may impact government-owned power distribution companies as well as customers in the future.
Practical implications
It will pave the way for lessons related to such incidence where the Government and the Unions are at loggerheads over issues like privatization or ownership of the company and help the involved and other parties to seek a viable solution. The role of resilient leadership demonstrated by both parties led to a win-win solution within a few hours of the strike.
Originality/value
The paper is a case study on an issue that is very contemporary; the role of leadership and its swiftness in decision-making that led to a solution to a very complex situation is something that was not done earlier in the context of the State vs Union issue.
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Denning, L.J. Stephenson and L.J. Scarman
May 16, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Post Office — Facilities granted to recognised but unregistered union denied to unrecognised but…
Abstract
May 16, 1973 Industrial Relations — Unfair industrial practice — Discrimination — Post Office — Facilities granted to recognised but unregistered union denied to unrecognised but registered union — Whether statutory discrimination — Whether rights given to worker exercising right to belong to union of his choice including right to take part in union activities on employer's premises against will of employer — Distinction between organisational and negotiating facilities — Industrial Relations Act, 1971 (c.72), s.5(1)(a), (c), (2)(b), (5).
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in…
Abstract
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
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Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…
Abstract
Purpose
Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.
Design/methodology/approach
In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.
Findings
Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.
Originality/value
The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.
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Srinath Jagannathan and Patturaja Selvaraj
This paper aims to explore narratives of insecurity to understand how the casualisation of the employment relationship makes life more fragile and precarious. The authors engage…
Abstract
Purpose
This paper aims to explore narratives of insecurity to understand how the casualisation of the employment relationship makes life more fragile and precarious. The authors engage in an inquiry about how multinational enterprises (MNEs) structure precariousness for workers in emerging economies. The authors attempt to understand how workers analyse their experiences of precariousness and what form their resistance takes as a result of their analysis.
Design/methodology/approach
The authors engage with the narratives of eight Indian workers/trade union activists working in different marginal spaces of the Indian economy to uncover a commons where we are the multitude. By commons, the authors imply shared forms of property, which stand against the concept of private property that is central to the social relations of capitalism. The authors are performing the data of workers by interspersing them in an analysis of angst and hope.
Findings
Workers understand their experiences of precariousness as emerging from a complex political economy structured by MNEs, which involves multiple fronts of marginalisation. Workers realize that they need to engage in comprehensive forms of resistance to undo the regimes of precariousness. Workers create shared universes of grief to relate to each other’s experiences of precariousness. The unfreedoms experienced by workers lead to a sharing of the social relations of commons where workers can resist by expressing solidarity with each other.
Practical implications
The authors contribute to practice by arguing that workers’ collectives should not accept the naturalisation of precariousness. By staging a dialogue about the injuries of precariousness, they can craft a politics of resistance that begins the process of commoning.
Social implications
Workers’ politics of resistance can significantly democratise the global political economy in important ways by advancing the potential for commons.
Originality/value
The authors make an original contribution to the study of precariousness in the context of international business by arguing that the experience of precariousness can lead to a commons where workers resist structures of injustice.
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Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the…
Abstract
Purpose
The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.
Design/methodology/approach
It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.
Findings
The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.
Research limitations/implications
This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.
Practical implications
Managers and employees can protect themselves in the workplace from illegal discriminatory practices.
Social implications
Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.
Originality/value
This is an original and comprehensive paper by the authors.
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Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.
This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and…
Abstract
This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides: