Disputes Of Rights Research Articles

UNDERSTANDING FACTORS PROPELLING LABOUR TURNOVER OF MARRIED FEMALE WORKERS IN THE RETAIL INDUSTRY IN MASVINGO URBAN

The purpose of the study was to interrogate factors that influence labour turnover of married female workers in Small to Medium Enterprises (SMEs) in the retail industry. The study utilized the qualitative research approach with structured interviews being used to solicit data from twenty-two purposively selected participants who had left employment within the last five years from SMEs in the retail sector. The findings of the study showed that labour turnover of married female workers in the retail sector was alarmingly high. The main drivers of labour turnover were sexual objectification of married female workers at workplaces, heavy and physically demanding work and human engineering. Disputes of rights, glass ceiling and securing marriages were some of the major propellers of labour turnover of married female workers in SMEs in the retail sector. The high rate of labour turnover significantly affects the performance of SMEs. The study contributes to the body of knowledge by providing information on labour turnover of married female workers an area which has not been explored by many researchers. The results also help managers of SMEs in the retail sector and government authorities to pay close attention and possibly address the problems faced by female employees in the retail industry.

Analisis Penyelesaian Perselisihan Hubungan Industrial (PHI) secara Litigasi maupun Non-Litigasi

Industrial relations disputes (PHI) are of great concern to the public. In principle, disputes can be resolved by the parties themselves or third parties. One of the industrial relations disputes is a strike. A Work Strike is a planned strike and industrial action carried out to stop or slow down work. This dispute will cause a decrease in company productivity, therefore it is necessary to resolve it so that company activities return to normal. Writing this paper uses the literature review method by browsing literature online consisting of theses, journals and books, relating to the resolution of industrial relations disputes. The result of this paper is that PHI is divided into two types, namely disputes of interest and disputes of rights. PHI resolution must be truly objective and fair. Settlement of PHI can be done in court or outside State court. Cassation is the cancellation of a lower court decision, a decision made on the basis of errors and omissions in the Supreme Court's decision. A work strike is an example of PHI. Striking workers must be warned, must not violate the law, and conditions must be met.

Advantages & Disadvantages Of Mediation And Conciliation As An Industrial Relations Dispute Resolution Option

Since the birth of Law No. 2 of 2004 on industrial dispute resolution, the parties to the dispute have become easier and helped to resolve disputes between them. The instruments provided also become more diverse compared to the old rules. Such as mediation, conciliation and arbitration instruments. However, at the implementation stage, not many people understand the difference between dispute mediation and conciliation in terms of the origin and function of conciliation mediation has different characteristics as a passive mediator while in conciliation the conciliator is more active in resolving disputes. In the settlement of industrial disputes, mediation is used as the main instrument for resolving a wider scope than conciliation. Mediation can deal with disputes of rights, interests, termination of employment (layoffs) and disputes between unions within one company. Conciliation makes progress limited to conflicts of interest, termination, and disputes between unions in one company. Although in fact most of the industrial disputes involving rights disputes. The mediation and conciliation stationery comprehensively summarizes the advantages and disadvantages of each of these tools

The concept of protection of personal non-property rights of military personnel

The legal categories "conservancy" and "protection" are closely related. Protection of rights should be considered as a constitutional legal basis for the activities of the state, state authorities, local governments. Protection of rights is the actual activity of authorized bodies and persons to comply with this principle in each case. To protect the rights, the element of conservancy is always important – the prevention of committing an offense in the future, and in order to conservancy is possible to use methods of protection.
 Conservancy of rights and legitimate interests consists in enshrining in the sources of law certain legal measures that contribute to the free exercise by an authorized person of his rights, performing the function of preventing offenses and eliminating the causes that gave rise to them.
 Protection of civil rights means the adoption of law enforcement measures provided for by acts of law or contract in case of violation, threat of violation, non-recognition or dispute of rights. That is, we are talking about the right to protect rights and interests. Protection of rights can be carried out in any manner prescribed by law or contract, within the framework of protective legal relations.
 The main elements of the protection of subjective civil rights can be identified: 1) the object of protection; 2) the subject of protection; 3) form of protection; 4) method of protection.
 The protection of the civil rights of military personnel involves the application of protective measures defined in legislative acts (civil, criminal, administrative, and disciplinary) or a contract (civil-legal, administrative, material). Civil legal protection of the civil rights of military personnel means the application of protective measures, including measures of civil legal liability, defined only by acts of civil legislation or a civil law contract.
 Military personnel acquire the right to civil legal protection in case of violation, non-recognition or dispute of civil law, as well as in cases of abuse of law, danger or threat to their life and health.

Lampau Dan Sekarang: Analisis Kompetensi Absolut Dalam Perselisihan Hak Pada Pengadilan Agama

religious justice is limited to 6 (six) areas, namely marriage, inheritance, will, hibah, waqf, and shadaqah. Further, in Article 50 of Law 7/1989 it is stated, that if there is a dispute of rights related to the areas in Article 49 paragraph (1), then it must be decided in a state court. In its development, related to the absolute competence of this religious court underwent changes with the birth of Law 3/2006. In Law 3/2006, in addition to related to the addition of absolute competence, there is also the addition of Article 50 paragraph (2) which regulates related to the dispute of rights to be the absolute competence of religious justice. Based on this background, then the formulation of the problem in this study is First, what is the absolute competence of the religious court? and Second, does the religious court have the authority to investigate disputes? This research is a normative legal research with legal, conceptual, and case regulatory approaches. Based on this research, it was found that First, in Law 3/2006, there are 3 (three) new areas of absolute competence in religious justice into marriage, heirs, wills, grants, waqf, zakat, infaq, shadaqah, and shariqah economics and in Law 3/2006 has removed the existence of the right of choice in matters of inheritance for Muslims, so it must absolutely go through religious justice and Second, with the addition of Article 50 paragraph (2) of Law 3/2006, then in the case of disputes, then if the fellow Muslims, then can directly through the courts in the religious judicial environment. This, in order to realize a quick, simple, and lightweight trial

El Derecho de Rectificación en las Redes Sociales

La tecnología ha ido avanzando en el escenario de las comunicaciones, lo cual ha permitido la creación de redes sociales como escenario de interacción entre sus usuarios. Frente a estos avances tecnológicos el derecho a interactuado a nivel social, cultural, político y tecnológico permitiendo la existencia de escenarios donde convergen disputas de derechos y libertades, en especial, de la libertad expresión, la honra, el honor, el buen nombre y la imagen. Dichos conflictos entre derechos son objeto de estudio en la presente investigación a través de la figura de la rectificación para evidenciar si la misma se constituye en un mecanismo de restablecimiento de derechos en las redes sociales. Para ello se plantea el análisis de las redes sociales más reconocidas y la manera cómo el ordenamiento jurídico ha interactuado para el amparo de derechos.

Disrupting the Colonial Transgender/Law Nexus

Not long ago, clutched in colonial laws deployed to regulate dissident genders, the Hong Kong courts had never recognized the transgender person as a legitimate legal personality. Alongside powerful cultural transphobia that casts doubts on the corporeal authenticity of gender in post-operative transgender subjects, the laws held desperately onto the anachronistic and heterosexualized matrimonial framework that denies transgender subjects of their marriage rights—via the vastly productive hegemonic Judeo–Christian dogma of “one man and one woman” in marriage laws. All this was about to change because the disruptive pulse of cosmopolitan marriage laws began to vibrate in various national jurisdictions, causing ripples that spread through the legal disputes of rights first in non-procreative marriage and divorce rights, and subsequently in gay and transgender marriage legal challenges. Using the groundbreaking case of W v. Registrar of Marriages heard in Hong Kong’s various courts (2010-2013), this article attempts to work through the conceptual possibilities offered by a postcolonial legal approach to understand the contingent but real legal possibilities to advance an immanent politics of transgender justice in the 20th century.

What Constitutes a Benefit by Virtue of Section 186(2) of the Labour Relations Act 66 of 1995? Apollo Tyres South Africa (Pty) Ltd v CCMA 2013 5 BLLR 434 (LAC)

The uncertainty surrounding the concept benefit as provided for in section 186(2) of the Labour Relations Act 66 of 1995 was created not by the courts but rather by the legislature. The concept is not defined and clearly has a wide ambit. In previous decisions the courts upheld a restrictive interpretation of benefits to maintain the divide between disputes of interest and disputes of rights and to ensure that issues that should be the subject of negotiation could not become issues that can be decided by an arbitrator. Previously the courts insisted that a benefit was something arising out of a contract or law. In the Apollo case the court had to determine what constitutes a benefit and if a benefit is limited to an entitlement which arises ex contractu or ex lege. The court found that the early retirement scheme was a benefit, although the employee at that stage did not have a contractual entitlement to the benefit and that the benefit was subject to the employer's discretion. What becomes clear from this case is that the unfair labour practice jurisdiction cannot be used to assert an entitlement to new benefits, new forms of remuneration or new policies. The Labour Appeal Court criticizes the distinction between salaries and remuneration drawn by our courts and describes it as artificial and unsustainable. Under the unfair labour practice regime the conduct of the employer may be scrutinized by the CCMA in at least two instances, namely when an employer fails to comply with a contractual obligation, an entitlement or right that an employee may have in terms of a statute, and secondly when an employer exercises a discretion under the contractual terms of a scheme conferring a benefit, including situations where the employer enjoys a discretion in terms of benefits provided in terms of a policy or practice - rights created judicially. This decision places the emphasis on the employer's actions and the unfairness of such acts or omissions.

Voluntary arbitration: the unsung hero

ABSTRACTThis article outlines the main forms of third‐party intervention and their use by the actors in the employee relations system. It also analyses the distinctive features of voluntary arbitration, the issue of disputes of rights and of interests and the differences between last offer arbitration and conventional arbitration. There is also an evaluation of the matters that are the subject of voluntary arbitration and why employers, employees and trade unions are reluctant to use the process except as a last resort. The article also explains the main stages in the collective voluntary arbitration process and concludes that although the process is not widely used, it remains an important tool in the current UK employment relations framework.

Tracking Mediator Behaviour: An Initial Investigation

Mediation is perhaps the most often used and least easily understood dispute resolution procedure in the field of industrial relations. It has played a particularly prominent role in industrial relations in New Zealand, having a long history at the centfe of both wage negotiation or interest disputes, and personal and contractual rights disputes. It retains a central role in the resolution of personal grievances, contract interpretation disputes, wage arrears and other disputes of rights in the Employment Tribunal under the Employment Contracts Act 1991.

Towards the Wagner Framework: Change in New Zealand Industrial Relations

New Zealand and Australia share a common heritage of compulsory arbitration. This article explores the way in which New Zealand has departed from this tradition. Three phases in the deconstruction of compulsory arbitration and reregulation of industrial relations are identified. The first is associated with the events that led up to the Industrial Relations Act 1973. That statute formally endorsed the growth of free collective bargaining and introduced the North American distinction between disputes of interest and disputes of rights. The second is identified with the fourth Labour government (1984-1990), which made arbitration voluntary in a climate of extensive economic liberalization and encouraged a shift from occupational awards to a mixture of industry and enterprise bargaining. The third is presently unfolding as the new National government begins work on its election pledge to shift the basis of union legitimacy from historical registration to employee choice. If completed, the third phase will ensure the substitution of centralization and compulsion with decentralization and voluntarism in the framework of collective labour law in New Zealand. The article concludes with a discussion of the implications for the parties of the emerging system of industrial relations, called here New Zealand Wagner'.

Rights and Interests — A Troublesome Distinction Reviewed in the Context of Labour Arbitration and Industrial Action

It would seem particularly appropriate following the tribute which appeared in the previous issue of the Israel Law Review, to commence our excursion into Israeli labour law with one of Otto Kahn-Freund's thought-provoking observations.“Over a large area of British industrial relations, the rule-making and the decision-making processes, the, as it were, ‘legislative’ and ‘judicial’ functions are as indistinguishable as they were in the Constitution of medieval England. … And just as in the common law the judge is rule-maker and decision-maker all at once, so in the dynamic system of collective bargaining the parties ignore the difference between interpreting an old rule and making a new one.” Thus, in England, as Professor Kahn-Freund points out, the almost universally accepted distinction between disputes of rights and disputes of interests is not considered relevant.