Industrial Relations Issues Research Articles

MECHANISM FOR TRANSFERRING THE RESOLUTION OF INDUSTRIAL RELATIONS DISPUTES THROUGH MEDIATION FROM THE NORTH LOMBOK REGENCY LABOR OFFICE TO THE WEST NUSA TENGGARA PROVINCIAL LABOR OFFICE

This study aims to understand about the mechanism for transferring the resolution of disputes through mediation from the North Lombok Regency Labor Office to the West Nusa Tenggara Provincial Labor Office. The issues addressed in this study are why dispute resolution through mediation must be transferred to the NTB Provincial Labor Office and how the transfer mechanism works. The research method used in this study is Normative-Empirical Legal Research, which combines normative legal elements with additional empirical data. The findings of the research indicate that the main factor leading to the transfer of industrial relations disputes from the regency to the province is the absence of a mediator in North Lombok Regency. As a result, the parties involved can be referred to the provincial government, which has mediators. There is no specific mechanism for the transfer of such cases; the labor office merely sends a request letter to assign a mediator to handle the industrial relations issues through mediation. It is hoped that the central government can appoint or assign a mediator to be placed in the region to avoid the need for case transfers from the regency to the province, thereby minimizing the time required to resolve ongoing industrial relations disputes.

The Impact of Decree 70/2023 on Labor Regulation and Industrial Relations in Argentina: A Legal and Economic Analysis

Decree 70/2023, issued by the Argentine government, addresses critical issues in labor and industrial relations amidst ongoing economic and social challenges. This study evaluates the decree’s impact on labor regulations, focusing on minimum wage standards, protection against unfair dismissal, and dispute resolution mechanisms. Utilizing a mixed-methods approach, both qualitative and quantitative analyses were conducted. Qualitative methods included legal document reviews and expert interviews, while quantitative methods involved assessing changes in wage levels, unemployment, and productivity. Key findings indicate that the decree’s increase in minimum wage aims to enhance worker welfare and stimulate economic growth, but poses challenges for employers, particularly small and medium-sized enterprises. Stricter procedures and improved compensation for layoffs are expected to reduce job insecurity and foster fairer employment practices, though these measures may raise operational costs and administrative burdens for businesses. Additionally, the new dispute resolution mechanisms, which emphasize mediation and arbitration, are designed to resolve conflicts more efficiently and transparently. However, consistent implementation and oversight remain critical challenges. The study concludes that while Decree 70/2023 represents a significant step towards better labor conditions and industrial relations in Argentina, its success will depend on rigorous enforcement and stakeholder cooperation. Further research should focus on the long-term effects of these regulations on Argentina’s labor market and economic stability, as well as continuous evaluation to refine these policies for optimal outcomes.

Challenges Of The Industrial Relations Court In The Reform Era In Creating Fast, Accurate, Fair And Cheap Court

The Industrial Relations Court is a special court with absolute competence in dealing with industrial relations disputes arising from work relations between workers/laborers and employers. As the last resort in resolving employment conflicts if non-litigation channels fail, this court is expected to provide a fast, precise, fair and inexpensive resolution process for the parties so that it becomes the best solution. However, in practice, the existence of the industrial relations court has not fully become a mechanism that can realize the urgency of the court's existence since its inception. Various obstacles often arise and are even unavoidable in relation to the substance and mechanisms that hinder the realization of the initial intention of establishing the overarching law, namely Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. This research explains the various challenges faced by the Industrial Relations Court since its formation until the post-reform period. The research method of implementing literature studies and the type of research is normative law by compiling and reviewing various normative provisions regarding industrial relations courts and problems in their application. Industrial relations courts face various challenges related to their substance and mechanisms, for example when they are at the decision implementation stage, it is quite difficult to carry out the execution because they are guided by the execution procedures in civil courts which are quite expensive and time consuming. Meanwhile, industrial relations issues are ideally oriented towards fast processes and low costs. On the other hand, from the data on registered dispute cases, the worker/laborer mostly acts as a plaintiff, meaning that even if the plaintiff in this case wins, the court decision is not yet able to fully grant the worker/laborer their maximum rights.

Resolution of Individual Labor Disputes by Court Method – Theory and Practice

Individual labor disputes are objective issues of industrial relations and the labor market. The more diverse and rich industrial relations are, the more labor disputes arise and increase in number. Understanding this, in recent years, our Party and State have always paid attention to improving the legal institutions on labor in order to create a harmonious, developed and modern labor market, especially the issue of building and improving the law on resolution of labor disputes in general and individual labor disputes in particular.

Kontribusi Konvensi ILO No.100 terhadap Hubungan Industrial di Indonesia

Industrial Relations is a system of relationships that exists between actors in the process of producing goods and/or services, including entrepreneurs, workers/laborers, and the government. This system is based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. In relation to industrial relations issues in Indonesia, the ILO Convention plays a very important role in creating harmonious, dynamic and fair industrial relations. The ILO Declaration on fundamental principles and employment rights is a manifestation of the sincere commitment of the ILO and its member countries to respect, enhance and implement the principles and fundamental rights contained in the eight ILO Core Conventions. These rights include freedom of association for employers and workers as well as the right to collective bargaining. Indonesia has ratified all eight ILO Core Conventions and is committed to realizing these standards in its laws and practices. With this aim, Indonesia hopes to maintain conducive industrial relations in Indonesia.

Problem and Prospects of Structural Changes and Its Social Impact on Industrial Relations

The goal of this research was to look at the societal issues of industrial relations at the federal polytechnic of oil and gas in Addis Ababa, Ethiopia, and to examine the various industrial relations practices used by most firms. The research design was a descriptive survey with the goal of investigating and observing good industrial relations practices in oil and gas businesses operating in Addis Ababa, Ethiopia. It is critical for businesses to avoid societal conflicts and dissatisfactions and to maintain industrial peace and harmony as a result of improved performance at work, which promotes productivity and growth. Human beings are the active agents who amass money, exploit natural resources, construct social, economic, and political systems, and drive a country's progress ahead.

INDUSTRIAL RELATIONS DISPUTE CLAIMS TERMINATION BY WORKERS (Case Study of Case Number 972K/Pdt.Sus-PHI/2018)

Indonesia is a state of law, as stated in Article 1 paragraph (3) of the 1945 Constitution, which reads "Indonesia is a State of Law" Law number 13 of 2003 concerning Manpower can be said to be a material law in the field of manpower. material law if there are violations committed against Law number 13 of 2003 concerning Manpower, of course there must be a formal law in enforcing the material law. The Republic of Indonesia number 2 of 2004 concerning the Settlement of Industrial Relations Disputes (UUPPHI). Such as the legal issues of industrial relations disputes, termination of employment that occurred between Teti Sunarti (a worker) and the Central Board of the Association of Indonesian Loading and Unloading Companies (DPP APBMI). In this case, expel workers on the grounds that the General Chairperson of the APBMI DPP is uncomfortable with the presence of workers. Workers ask the DPP APBMI to provide compensation in accordance with the applicable laws and regulations. Problem formulation: 1). How is the settlement of industrial relations disputes regarding termination of employment in the industrial relations court at the Central Jakarta District Court? 2). How is the application of compensation due to termination of employment after the case has permanent legal force? This research uses a normative research type, namely legal research that aims to describe the findings, norms, positive legal principles, legal systematics that have been available and contained in secondary data. The conclusion of the APBMI DPP's action to expel workers without being followed by a legal process resulted in workers suing, as compensation the APBMI DPP must provide compensation to workers in the amount of Rp. 71.200.000 (seventy one million two hundred thousand rupiah).

The contradiction of international trends in freedom of association

ABSTRACT There is a contradiction in international patterns: freedom of association seems, if anything, to have been enhanced, yet union rights appear to have been under increasing threat. The existence of full freedom of association rights is normal in developed countries. The imposition of major restrictions on freedom of association is typically associated with military coups, juntas, martial law or dictatorships. As countries become more economically developed and more democratic, rights to freedom of association are generally enhanced if they are not already ubiquitous. Yet union rights and union density are in decline. This pattern seems to be part of the contradiction of the move to greater marketisation, relating to a separation of industrial relations issues from human rights.

The influence of the agroindustrial complex on the region spatial development (under the conditions of the new technological way)

The spatial heterogeneity of Russian territories has among other differences (like the climatic, resource) also an association with interregional and intraregional differentiation. The development of the agro-industrial complex (AIC) along with other industries will contribute to smoothing these differences and improving inter-level interaction. They can become catalysts for spatial development by introducing new technological processes in the agro-industrial complex, improving regional and municipal infrastructure, and digitalizing the regional economy. Due to the introduction of informative-communicative technology the production of regional economic entities is developing, a bigger increase in the gross regional product is provided. The thesis formulates that the digitalization of the regional agro-industrial complex contributes to the solution of the transformation issues in industrial and social relations that affect the further development of the agro-industrial complexes due to the implementation of new methodological and practical approaches in regional management of different territories. Monitoring tools, resource forecasting analysis allow bringing regional agribusiness and related industries to a new progressive level of development, which regional financial interests, systematized into homogeneous groups, allow solving many issues of the spatial development of regions.

운수업종 노사관계의 법적 쟁점 - 노동위원회 판정례를 중심으로 -

노동위원회에 제기되는 전체 사건 중 운수업종에서 발생하는 분쟁이 상당한 비중을 차지한다. 이는 버스, 택시 등 운수업종은 그 역사가 오래된 업종으로 전통적으로 노동조합의 조직률이 높을 뿐 아니라, 사업장 단위 복수노조가 허용된 이후에는 복수노조가 존재하는 사업장도 상당수 존재한다는 점에 기인한 것으로 생각된다. 또한 버스, 택시 등 운수업종의 경우 해당 업종에 속하는 사업자의 경영방식이 상호 유사한 경향을 보이며, 따라서 발생하는 법적 분쟁도 유사한 경향성을 보인다. 이로 인하여 노동위원회에서 처리되는 법적 분쟁도 어느 정도 정형적으로 유형화되어 있으며, 노동위원회의 실제 분쟁처리 내용도 개별 유형별로 정형적인 판단기준을 갖고 있는 것으로 평가된다. 운수업종의 노사관계에서 발생하는 분쟁을 처리함에 있어 이러한 배경에 대한 이해가 선행되어야 할 것이다. 이 연구는 먼저 운수업종에서의 노사관계의 특징을 살펴보고, 운수업종의 노사관계에서 발생하는 권리분쟁 중 부당해고 등 구제신청 사건, 부당노동행위 구제신청 사건 및 공정대표의무위반 시정신청 사건에서 주로 문제되는 법적 쟁점을 확인하고, 이에 대한 합리적인 분쟁 해결기준을 검토한다.

From Industrial to Social Campaigns: Lay Morality, General Elections and Australia’s Trade Union Federation

This article considers the potential for union revitalization through campaigning in general elections. It first charts changes in unions’ campaigns in general elections, moving beyond a focus on industrial relations issues towards issues of social significance, such as health and education. Second, by reconceptualizing this activity using lay morality, unions may enhance their ability to increase their power and legitimacy. Thus, by acting in this way, unions can broaden the bases for their legitimacy and build new opportunities for their renewal.However, this approach may not lead to revitalizing their density, but may open the opportunity for their renewal because this approach consolidates their legitimacy to a broader constituency. We suggest that when unions act in this way, they become agents of social utility who champion the interests of a wider constituency. We argue that, given the dynamics of changes to work and the ways in which workers now work, this provides one route for unions to tap into these multiple subjectivities of workers and remain relevant.This article combines an analysis of over 1000 media articles that cover four periods of campaigns by peak unions in Australian elections between the years 2007-2016, with original interviews with key informants and an analysis of electoral survey results for each election to provide the discussion. These three methods triangulate to establish the shift in unions’ campaign focus and to suggest that this is a potential path to revitalization.

Human resource management and industrial relations in multinational corporations in and from China: Challenges and new insights

AbstractThe purpose of this article is to provide an overview on the state of research in the field in human resource management (HRM) issues in multinational corporations (MNCs) in and from China. We integrate previous studies from multiple disciplines to articulate the contextual importance of research on this topic, and suggest overarching themes to expand the field of research. HRM research in the intercultural, interinstitutional context of MNCs in and from China has the potential to provide contextualized insights for longstanding debates in the field such as HRM standardization versus localization and convergence versus divergence and contextual factors behind these patterns. To this end, we call for future research to center on the changing cultural, institutional, technological, and globalization context in understanding HRM and industrial relations issues in these MNCs. Practically, knowledge in this area can help global managers and top management teams in multinational organizations navigate various context complexity, foster more productive coordination and cooperation across borders, and gain legitimacy and MNCs in and from China additional competitive edge in the global marketplace.

Regulation, migration and the implications for industrial relations

The debate on migration has extended the scope of industrial relations research and brought questions of regulation to the centre. We suggest that there is a mutuality to the relationship between the debates around migration and regulation within the industrial relations literature: the study of migration has stimulated a new set of debates within industrial relations that allow us to reconsider issues of regulation; in turn, the study of regulation offers a useful perspective on issues relating to migration. The article applies an analytical framework based on the interplay of regulatory spaces and actors to the study of international migration. The framework offers a dynamic approach to mapping the wide range of actors involved in the regulation of migration and the boundaries between regulatory spaces, which may be fluid and contested. Through applying this framework, industrial relations issues relating to migration are located within a wider view of both regulation and the international movement of people.

An American oil multinational in the U.K.: its formal review of industrial relations strategy

ABSTRACTThis paper is a case study chronicling and analyzing the strategic considerations given to industrial relations in a proposal to develop a coherent and deliberate strategy for industrial relations by the U.K. subsidiary of an American multinational oil company. The study is based on interviews and substantial internal documents provided by the case study managers. This represents a unique illustration as to the extent a major company goes through in considering the way in which it needs to consider industrial relations issues. Seldom has a document such as this been able to be analyzed by industrial relations researchers, and it illustrates the lack of strategic thinking, even in such a large sophisticated organization.

Industrial relations (Union) issues at Asian Paints Ltd.

Subject area Human Resources Management (HRM), Industrial Relations and Strategic Management. Study level/applicability Post-graduate students or executive post-graduate students, Core course in Human resources Management (HRM), Industrial Relations or Strategic Management or in elective courses in Industrial Relations and Strategic HRM. Case overview The Personnel manager of Asian Paints Ltd., Cuddalore (Tamil Nadu) factory, found himself in a Catch 22 situation when a Union leader of the manufacturing unit refused to work. The Union leader had been transferred from the Quality Assurance department to the Production department. The case describes the sequence of events and the backdrop in which the aforementioned situation had unfolded. Given the circumstances that prevailed in the factory, the personnel manager’s decision was likely to have significant impact on the factory’s output. Expected learning outcomes The student will be able to understand the industrial relations/Union issues in a company and the role of different stakeholders, namely, management, Union, workmen and the government in a conflict scenario. The student will learn the application of principles of natural justice and will be able to evaluate the Industrial Relations (IR) strategy adopted by the organizations to prevent labor unrest at the workplace. The student will understand the impact of critical management decisions on the organization’s performance in an uncertain global environment. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes. Subject code CSS 6: Human Resource Management.

Industrial relations strategy and construction in the UK oil industry: the case of the national agreement

This paper is a case study chronicling and analyzing the strategic considerations given to industrial relations in a proposal to upgrade and renew a major production unit in a UK oil refinery. The study is based on interviews and substantial internal documents provided by the case study managers. This represents a unique illustration as to the extent a company goes through in considering the way in which a major capital project needs to consider industrial relations issues before being considered acceptable to the Corporate-level audience and its decision-makers. In particular, the context is interesting – that of an American multinational taking up a national agreement from a process of sector-wide multi-employer bargaining.

Labour Rights Protection in Industrial Relations Issues

Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78

Employer and employer association matters in Australia in 2014

This article examines the industrial relations issues at the forefront of employer and employer association attention in Australia in 2014. We examine their ambitions for legislative change and frustrations with parliamentary gridlock, as well as their engagement in the four-year Modern Award Review, the annual Minimum Wage Review, and policy discussion on 457 Visas. As well, we look at the involvement of employers and their associations in several positive social policy agendas, and developments in the employer association world during the year. As 2014 draws to a close without their long-sought modifications to the Fair Work system, the public policy rhetoric of employers and their associations is shifting once again towards the advocacy of larger-scale industrial relations change.

Advancing understanding on industrial relations in multinational companies: Key research challenges and the INTREPID contribution

This paper has three principal aims. It firstly provides some theoretical background on the key current research issues and challenges in regard to industrial relations in multinational companies. It then presents a concise review of scholarship to date on industrial relations in multinational companies using INTREPID ( Investigation of Transnationals’ Employment Practices: an International Database) data. Finally, the paper identifies some of the main industrial relations issues that remain to be addressed, in effect charting a form of research agenda for future work using the INTREPID data, with particular focus on the potential contribution from ‘late joiners’ to the INTREPID project.

Engaging with management

AbstractThis article examines Bill McCarthy's engagement with management, distinguishing between supply and demand side forms of involvement. Arguing that McCarthy placed considerable weight on management as the main driver of industrial relations reform, the article highlights the prescriptive advice and support Bill supplied on such reform. Noting that McCarthy was regularly in demand to teach managers and conduct major inquiries on key industrial relations issues and problems, the article suggests that Bill was clearly trusted and held in high esteem by management despite his strong and explicit commitment to the labour movement.