Labour Dispute Resolution Research Articles

Collective Bargaining Agreements In Industrial Conflict Resolutions In The Ghanaian Public Sector: Workers' Perspective

In recent years, industrial conflicts have reached alarming proportions, especially in Ghana’s public sector. In some instances, workers resort to strike actions and marches when employers use lockout and other methods not approved by the Labour Act or set out in a collective agreement. In Ghana, several heads of institutions and the management of most public institutions make unilateral decisions without consulting collective bargaining agreements. Many structures have been thrown into disarray; thus, resulting in industrial tensions at one point or another. This study aims to assess how effective collective bargaining agreements are at resolving labour disputes. A descriptive survey design was used, and the study participants included members of the Public Service Workers’ Union (PSWU) with a sample size of 240 unionised staff members. Poor coordination, lack of shared respect and consultation, and an unfavourable attitude toward union leaders and members were discovered to be the key causes of industrial conflict in the public sector. Furthermore, problems relating to salaries and wages, redundancies and layoffs, gratuities and pensions, and bad working conditions were the other causes of industrial unrest in Ghana’s public sector. It was suggested that employers establish a constructive collective bargaining procedural and substantive rule to react swiftly to economic changes that impact workers’ terms and conditions of service.

Resolving individual labor disputes in Kazakhstan in the era of human rights

The main role of labor law is that it harmonizes the interests of society, the state, as well as workers and employers in the field of employment. One of the mechanisms for ensuring such a reconciliation of interests is an effective judicial system, which must be “tuned” to the special subject composition of labor relations; should differentiate the principles of civil and labor contracts; to provide a special approach to the settlement of labor disputes, taking into account the vital necessity for citizens to participate in hired labor, to receive remuneration; take into account the risk for citizens of loss of life and health in labor relations if the employer does not comply with labor protection measures; take into account the impossibility of restoring the original position of the parties (bring the parties to their original position) when terminating the employment contract. The study is aimed at developing the theoretical and methodological foundations of the judicial form for resolving labor disputes. The scientific and practical significance of the work lies in the substantiation of proposals for further improving the procedures for resolving labor disputes. Methodologically, the study was carried out using traditional methods inherent in legal science: formal legal (dogmatic), sociological and legal, the method of legal modeling, as well as the critical legal method of legal knowledge. The main results are aimed at improving the current practice of implementing the judicial form of protecting social and labor human rights. Keywords: individual labor dispute, mediator, labor conflict, justice, labor law.

Legal custom as a multilevel instrument of legal regulation of labor in the Russian Federation and the EU

The article examines some of the issues of recognizing legal custom as a source of labor law from the point of view of the current Russian legal regulation, foreign experience and at the EU level. The practice of jurisdictional bodies in the application of legal customs as sources of labor law in the resolution of labor disputes is taken into account and evaluated. The author proposes the qualification of legal custom in the field of labor law through a set of features. The article also considers for the first time the phenomenon of legal custom as a source of labor law at the supranational level (EU level).

THE COMMISSION ON LABOR DISPUTES FUNCTIONING: CHALLENGES AND PROSPECTS

The article highlights the research issues of the legal status of the commission on labor disputes in terms of the current legislation of Ukraine. The author provides a general description of the commission on labor disputes, its features and functions, investigates the range of issues to be considered by such a commission, and describes the procedure for their consideration. Based on the general characteristics of the legal status of the commission on labor disputes, the author analyzes the challenges facing the commission in modern conditions. The main problems of the commission on labor disputes functioning include: the imperfection of the legal status of it, in particular, the powers of the commission on labor disputes; lack of a parity approach to the formation of the commission on labor disputes, taking into account both the interests of employees and the employer; the imperfection of the procedure for consideration of labor disputes; lack of a clearly defined procedure for appealing the decision of the commission on labor disputes and the liability for failure to establish a commission on labor disputes. Prospects for the commission on labor disputes further functioning as a pre-trial method of protection of labor rights of employees are suggested. The author substantiates the ways to improve the legislation governing the legal status and functioning of the commission on labor disputes. The main directions of improving this commission functioning are: increasing the efficiency of the commission activity, taking into account the interests of employees and employers; development of the commission on labor disputes as a pre-trial body, which must be formed on a parity basis, granting employees and the employer equal participation in resolving labor disputes; determination of the requirements for the commission members (level of education, work experience, specialization, etc.); introduction of a unified system in terms of which the commission on labor disputes could make legal decisions; defining liability for failure to create a commission on labor disputes. The author concludes that if the current legislation of Ukraine is reformed in part of the legal status and functions of the commissions on labor disputes, their activities will become more efficient in modern conditions, and this will promote resolving individual labor disputes and protecting labor rights more effectively.

Strengthening Conciliation to Enhance Resolution of Labor Disputes in Mexico (DOL)

Federal Grants & ContractsVolume 45, Issue 17 p. 4-4 Grants alerts Strengthening Conciliation to Enhance Resolution of Labor Disputes in Mexico (DOL) First published: 29 July 2021 https://doi.org/10.1002/fgc.31868Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat No abstract is available for this article. Volume45, Issue175 August 2021Pages 4-4 RelatedInformation

The use of accounting information for the sugar business operations of the South Seas Development Company

ABSTRACT This study examines the relationship between labour and the accounting information disclosed by the South Seas Development Company (SSDC), one of Japan’s ‘special companies’, during the 1920s and 1930s. The primary focus is on the company’s financial statements and detailed schedules relating to its sugar business. These were submitted through the Oriental Colonization Company, the SSDC’s parent company, to the Ministry of Colonial Affairs, which served as the supervisory agency. In a broad sense, the study seeks to cast light on the role of accounting in resolving labour disputes in non-Anglo-Saxon settings by viewing the situation from a technology of government perspective. It is shown that the accounting information provided by the SSDC was used to frame the reality of labour life as related to Japanese colonial management and enabled the supervising government agency to monitor the adequacy of the SSDC’s proposed solution to the problem, i.e. the distribution of income between the company and its tenant farmers.

Problems of consideration of individual labour disputes

The article examines the problems of considering individual labour disputes. Labour disputes are a type of conflict. We considerlabour disputes, both individual and collective. An individual labour dispute is a disagreement that covers up contradictions and arisesbetween an employer and an employee in the process of an employment relationship. The difference between individual and collectivelabour disputes is that the first concerns an individual employee, and not the entire staff of the enterprise. There is a procedure for consideringindividual labour disputes.The Labour Code establishes the procedure for resolving labour disputes and specifies which bodies are authorized to resolvethese disputes. These bodies include labour dispute commissions and courts. A labour dispute commission is created at enterprises, institutionsand organizations to resolve individual labour disputes arising in labour relations.The main task of the commission is to resolve individual labour disputes at the place of their origin. The article defines the procedurefor applying to the labour dispute commission. Another body that resolves individual labour disputes is the court. The court, asa subordinate body, deals with individual labour disputes. You can go to court if the company, institution or organization does not havea labour dispute committee or if you disagree with its decision. Consideration of cases in court has a special procedure.Particular attention is paid to issues affecting the consideration and resolution of individual labour disputes. There are many problemsassociated with resolving individual labour disputes. There are no effective legal instruments necessary for the successful resolutionof labour disputes at all stages in Ukraine. Since not all enterprises can create LDCs (Labour Dispute Commissions), there is a needto introduce mediation into the legal field or create a competent body that would consider labour disputes at enterprises, institutionsand organizations in order to protect the labour rights of a person and a citizen.

Unfulfilled Justice

Through a case study of workers’ protests to demand owed wages and social insurance benefits after foreign management had suddenly fled the country, this article discusses the moral and legal dynamics of labor dispute resolution in Vietnam. It examines the local government’s use of extralegal measures, which combine a tactical deployment of the law and moral responsibility, in brokering a resolution. The article argues that these measures, while aimed at addressing the legal challenges of supporting affected workers in the event of these so-called “cicada practices,” are limited in satisfying workers’ demands for justice as workers struggle to claim their legal rights and overcome their precariousness.

FƏRDİ ƏMƏK MÜBAHİSƏLƏRİNİN MƏHKƏMƏDƏN KƏNAR HƏLLİ QAYDASI

The article analyzes the rules for out-of-court resolution of individual labor disputes. The main goal of the article is to further improve the legislation. In this article, solutions of individual labour disputes outside the court were investigated in the legislation of Azerbaijan, the importance of the Orga considering the solution of individual labour disputes before the court in terms of labour relations and the inefficiency of individual labour exchanges by one-on-one strike were tried to bring to the fore. Key words: out-of-court resolution of an individual labor dispute, consideration of an individual labor dispute in a pre-trial body, resolution of an individual labor dispute through individual leave, resolution of a collective labor dispute, bodies that resolve individual labor disputes

With or Without You: Qing, Li, Fa, and Legal Pluralism in China

Abstract The concept of legal pluralism was introduced to China in the mid-1990s to address the conflict between state law and local norms and customs. More than two decades after its introduction, the scope of legal pluralism in China has shifted to the coexistence and interaction between state law and nonstate orders. In this article, I review theoretical discussions and empirical studies on legal pluralism in China. The existing studies on legal pluralism focus mostly on rural villages, which marginalizes the lived experience of urban residents who are also caught in China’s rapid legal transplantation in recent decades. At the same time, law and society scholars who study labor dispute resolution in urban China tend to frame the questions as legal mobilization, rather than legal pluralism. The term qingli 情理[commonsense feelings of justice] is a common theme underlying the scholarship of legal pluralism and legal mobilization in China, and thus it has the potential to bring them together and bridge the findings of the two bodies of scholarship. This article contributes to the literature on Chinese law and society by demonstrating the role that qingli plays in bridging different areas of sociolegal studies.

SOCIAL AND LABOR CONFLICT MANAGEMENT: UKRAINIAN AND FOREIGN EXPERIENCE

The subject of study in the article is the process of socio-economic conflict management. The purpose of the work is to substantiate the theoretical provisions and methodological approaches in the management of labor conflicts as a form of social and labor relations based on Ukrainian and foreign experience. The following tasks are solved in the article: to investigate the essence and place of social and labor conflict in the system of social contradictions; provide a classification of conflicts in the social and labor sphere; to study the forms and methods of resolving social and labor conflicts: to analyze the success of conflict prevention in Ukrainian and foreign practice. The following methods are used: method of analysis and synthesis, classification-analytical method, abstract-logical method, historical-retrospective analysis and generalization. The following results were obtained: the concept of socio-economic conflict is clarified. The classification of conflicts is carried out, which gives an understanding of the nature and essence of conflict relations on the following grounds: the method of conflict resolution (antagonistic and compromise conflicts); spheres of conflict (political, social, economic, organizational conflicts); direction of impact (vertical and horizontal conflicts); degree of conflict confrontation (hidden and open conflicts); the number of participants in conflict interaction (intrapersonal, interpersonal, intergroup); needs (cognitive and interest conflicts). Structural and interpersonal methods for resolving conflict situations are defined. An analysis of the current state of resolution and prevention of labor conflicts in 2020 was conducted according to the National Service for Mediation and Reconciliation. Foreign experience in resolving labor disputes has proved the feasibility of developing the following ways to resolve labor disputes in Ukraine: with the help of special courts on labor and social security (sectoral justice); through civil proceedings in general courts; through conciliation and arbitration procedures. Conclusions: The analysis allowed to determine the essence of social and labor conflict as a form of social and labor relations at the micro, meso, and macro levels, which is manifested in the opposition of the subjects of the socio-economic sphere. Applying the gained world experience it is possible to reduce social tensions and to strengthen social and economic safety of the state.
 Keywords: brand; definition; branding; brand book; rebranding; stages.

Termination of the employment contract on the initiative of the employee: questions of theory and practice

Termination of an employment contract on the initiative of an employee entails a lot of controversial practical and theoretical issues. The article presents the procedure of voluntary dismissal, taking into account the current reality. Examples of judicial practice that demonstrate ambiguity in the resolution of labor disputes in certain situations are given.

Messenger chats as evidence in сivil and arbitration proceedings — Russian judicial practice

The development of production and distribution relations, which are forms of interaction among society and individuals, and social groups presupposes the adequate development of procedural legal means for ensuring (implementing and protecting) the constitutional rights of participants in these relations. As is well known, the socioeconomic conditions of human society development provide new sources and means of judicial evidence. The task of justice is to provide participants in a judicial dispute with a legal opportunity to use acceptable judicial evidence in accordance with the procedures established by law. This study analyzes the judicial practice of using information from the messenger chat in court proceedings and formulates rules for using the messenger chat and screenshots as an acceptable judicial proof. Among these rules, the following should be noted: mandatory identification of the message recipient, identification of the true will of the message sender, coordination of the order of sending messages via messenger chat, etc.
 The article discusses the opinion of scientists about the attribution of a screenshot to written or electronic evidence.
 Considerable attention is paid to the problem of using correspondence in the messenger chats as a source of judicial evidence in resolving labor disputes.
 The authors made a final conclusion about the positive attitude of Russian courts to the use of information from the messenger chats as a legal source of judicial evidence. The rules of their application warrant attention.

A legal analysis of labour dispute prevention and resolution under individual employment law in Zambia: Willard Mutoka v Chambeshi Water and Sewerage Company Limited (Comp. IRCLK/382/2018)

This case note is a legal review and analysis of Willard Mutoka v Chambeshi Water and Sewerage Company Limited, a Zambian case relating to a labour dispute under the individual employment law sphere. The authors/reviewers herein were retained as counsel for the respondent company in the matter in casu. Appreciating that Zambia has both individual and collective labour dispute prevention and resolution mechanisms, the authors/reviewers in consultation with all parties involved opted to pursue the alternative dispute resolution approach under the High Court for Zambia (Amendment) Rules, 1997 (Court-Annexed Mediation Order XXXI Rule 4), instead of litigation, resulting in the faster, cheaper and final settlement of the case in full satisfaction and accord of both parties as discussed hereinafter. Unlike arbitration awards which are conclusive and final, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding.

Исковая давность в трудовом праве (теория и практика правоприменения)

The terms of applying to the commission on labor disputes and to the court for the resolution of individual labor disputes are analyzed and the legal nature of these terms as the statute of limitations is noted. The conclusion is justified that it is unjustified to provide in the Labor Code of the Russian Federation an exhaustive list of valid reasons for missing the terms of treatment due to the variety of life situations. It is established that one of the valid reasons for the late filing of a claim against the employer may be the fear of the employee of the occurrence of negative consequences in the service. It is argued that while the employee is working, the legal relationship for unpaid wages is of a continuing nature, and does not fall under the term for applying to the court. The conclusion is made about the validity of the establishment of a special time limit for applying to the court in cases of compensation for non-pecuniary damage to an employee by the employer.

The Procedure For Resolving Individual Labour Disputes In Uzbekistan, Post-Soviet Countries And Some Developed Countries. Comparative-Legal Analysis

This article explains in detail the procedure for resolving individual labour disputes in Uzbekistan. The reasons why individual labour disputes are arising will be discussed. The role and significance of the International Labor Organization's Recommendations №92 and №130 in the national labor legislation of Uzbekistan will be paid attention. The procedure for resolving labour disputes arising by alternative ways will be analyzed. Practical and theoretical problems of consideration and settlement of individual labour disputes in a special body – the Labour Disputes Commission will be analyzed. Alternative labour dispute resolution in French and German labour legislation has been studied from a comparative-legal point of view. The process of resolving individual labor disputes through mediation will also be analyzed. The peculiarities of resolving individual labor disputes in the judicial system of Uzbekistan will be analyzed. As a result, theoretical and practical solutions for the effective and short-term settlement of individual labor disputes in Uzbekistan will be proposed.

Administrative mechanisms for resolving individual labour disputes in foreign countries

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

Prednosti arbitražnog u odnosu na sudsko rešavanje radnog spora

An employment dispute is a dispute between a single worker and the employer, or between a trade union and employer or association of employers. The division of employment disputes is important because it indicates the method of the settlement of labour disputes. According to Serbian legal system, employment disputes can be settled in court or using one of the alternative labour dispute resolution methods (arbitration, conciliation, mediation). Based on the Law on the Amicable Settlement of Employment Disputes, an institution for the peaceful settlement of labour disputes was established - State Agency for Amicable Settlement of Employment Disputes. Arbitration is always voluntary. The Agency is to be in charge only if both parties accept to solve the dispute using arbitration. An individual employment dispute can be solved using arbitration only if that is allowed by work contract or a general employer act. A collective dispute can also be solved using arbitration. If one of the parties does not want to use an alternative method for solving the problem, arbitration cannot be an option. In that case, the only way to protect its rights is in court. The process of settling a dispute in court before a judge is an extremely strict and formal procedure required by law. The court is obligated to determine relevant facts and make a decision based on them. The judgment is binding for the parties and can be forcedly executed. Protection of rights is accomplished when the judgment or arbitration decision is made and executed. The arbitration decision can be voluntarily executed, unlike the judgment that can be forcedly executed. The arbitration decision cannot be forcedly executed and that is the main disadvantage of the arbitration. The arbitration procedure needs to be improved in order to guarantee the protection of rights.

Promoting fair individual labour dispute resolution for South African educators accused of sexual misconduct (part 2)

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노동 분쟁 해결과 한국 시청자의 법의식 형성에 있어서의 대중 문화의 영향

이 글은 한국 대중 문화에서 노동 분쟁이 어떻게 묘사되고 시청자가 어떻게 반응하고 법적 의미를 부여하는지를 살펴 본다. 구체적인 사례 연구(case study)는 (온라인 코믹 부문)수상 경력에 빛나는 웹툰(송곳)을 바탕으로 한 TV 드라마 시리즈 ‘송곳(The Awl)’으로, 2007년 7월 한국 기업 E-Land가 900명의 비정규직을 해고하는 과정에서 한국 사회에서 크게 논란이 되었던 모습을 보여준다. 당시의 일시해고(lay-off)는 근로자에게 정규 고용 지위를 부여해야하는 (후에)개정된 노동법이 채택되기 전에 발생하였다.<BR> 법률을 주제로 한 영화와 TV 드라마가 더 많이 등장함에 따라, 온라인 토론 게시판과 소셜 미디어를 통해 시청자의 반응을 살펴보면, 개인들이 법이 사회에서 어떻게 작용하는지에 대한 의미를 부여하는 방법을 알 수 있다. 드라마 대본과 관련하여 이 논문에서는 첫째, 노동자들이 노동 분쟁 과정의 여러 단계에 어떻게 참여하는지를 묻고 있다. 둘째, 이 글에서는 온라인 시청자들이 이러한 법적 사건에 어떻게 반응하고 그들의 일상 생활 경험을 바탕으로 의미를 창출하는지를 묻고 있다. 본 논문에서는 ‘송곳(The Awl)’의 법적 내러티브를 분석하고 시청자의 반응을 압축화(coding)함으로써 대중 문화 매체가 한국의 노동 분쟁 해결에 관한 법의식을 효과적으로 반영하고 형성 할 수 있음을 보여주고 있다.