Unfair Dismissal and Trade Unions - Essay Example

Unfair dismissal and Trade Union problem question Almost every nation in the world has existing laws with regards to the workforce especially, theemployees and laborers to keep them from exploitation, underpaid and over worked jobs, security of tenure and other related benefits and incentives. Should these provisions be violated then the rights of the workers are not addressed upon and this sometimes is the cause of picket, strikes and similar occurrences which halts the production of the company which do have an adverse effects on the economic side of a certain country. Majority of the countries particularly the industries and companies inside it deems that the workers and laborers are the heart and soul or bread and butter, the reason why an industry exist. These companies have realized the importance of workers union in order for them to have an organization which can monitor the affairs, standing of the company as well as the company's position and treatment towards the employees of the company. Regardless of whether the company is privately owned or run by the government, the employee's rights must always be advanced and looked upon in order to protect the interest and the welfare of the workers. However, there are huge numbers of delinquent organization and companies who neglects these rights for profiteering and other related interest. There are reports of exploitation, union busting as well as illegal dismissal that are presently plaguing the employment sector which is now a common trend for the employers and companies especially those who are in the third world countries. Unfair dismissal and Trade Union problem question 2 To further understand the subject matter, defining what labor union is as well as illegal dismissal which is currently an irregularity to most of the companies in the world. In dealing with labor union, wikipedia (2007) defined Labor or Trade Union as "Unions may organize a particular section of skilled workers (craft unionism), a cross-section of workers from various trades (general unionism), or attempt to organize all workers within a particular industry (industrial unionism).union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organising model typically involves full-time organisers, who work by building up confidence, strong networks and leaders within the workforce; and confrontational campaigns involving large numbers of union members" This means that trade or labor unions are kinds of organization by the workers in order for them to have their rightful salaries and share in the company which is prescribed by the law in order to prevent exploitations and similar occurrences. However, these kinds of guilds or organizations are being opposed by some Companies due to the fact that benefits and incentives lessen their income and profits and the only way to enlarge their profits is through deprivation of the employees with regards to the incentives and compensation of them. In this case some companies resort to union busting and activities to prevent or slowdown the union's operation through strategies that are anti-workers, and could sometimes lead into a situation wherein the workers would be deprived to the extend of illegal dismissal. Unfair dismissal and Trade Union problem question 3 Before, plunging into the worst problem that most trade union faces, which is illegal dismissal, looking into other problems involving the operation and installation of trade union must be looked upon in order to understand the hardships that trade unions are now currently facing is one of the most important things to be discussed. Basically, majority of these problems comes from the employers and company owners which in one way or the other are neglecting their legal obligations towards their employees. Aside from the employers, the variation of laws concerning the workers in different countries is also a common problem with regards to this topic. Wikipedia (2007) further states that "labour law is very diverse in different countries, so is the function of unions. For instance, in Germany only open shops are legal; that is, all discrimination based on union membership is forbidden. This affects the function and services of the union. In addition, German unions have played a greater role in management decisions through participation in corporate boards and co-determination than have unions in the United States. (newsletter/files/BTS012EN_12-15.pdf}. In Britain a series of laws were introduced during the 1980s by Margaret Thatcher's government to restrict closed and union shops. All agreements requiring a worker to join a union are now illegal. The Taft-Hartley Act outlawed the closed shop in the United States in 1947, but permits the union shop in most states. In addition, unions' relations with political parties vary. In many countries unions are tightly bonded, or even share leadership, with a political party intended to represent the interests of working people. Unfair dismissal and Trade Union problem question 4 Typically this is a left-wing, socialist or social democratic party, but many exceptions exist. In the United States, by contrast, although it is historically aligned with the Democratic Party, the labour movement is by no means monolithic on that point;." In this case, the problem of uniformity towards the labor law practice as well as the existing labor laws in several countries is a thing that is deemed as one of the problems in the trade union arena. Because, laws concerning the labor laws have their differences, it cannot be denied and prevented that comparison towards several countries does happen. Workers and other laborers tend to compare the laws which are present in other countries in which the deprive countries tends to have their sentiments, organize rallies and pickets to be at par with the countries who are experiencing and has the things that the lesser privileged countries particularly trade union doesn't enjoy. Sometimes, employees are not aware of the case and economic status of the country that they are into to judge against the country that they are comparing with. If this is the case, sometimes pickets, rallies and strikes are declared illegal especially when the company which they are currently employed is abiding in accordance to what the law dictates and workers base their actions with the aforementioned premise. However, this kind of occurrence must be looked upon into a case to case basis. There are analysts or majority of them agrees that workers would not react as such, if they feel that they are not deprived or is contented with the kind of management the company has. Unfair dismissal and Trade Union problem question 5 Perhaps, one of the most saddening parts in the life of a trade union is denouncing the formation of it. Basically, the hardship and the ideals of a certain union would be turned into nothing if the formation of it is denounced. This phenomenon is somewhat tagged as the killer of workers rights. There are a lot of things and occurrences wherein union busting is evident in some parts of the world particularly in third world countries and some of these occurrences are has been documented. However, this kind of problem has been analyzed and defined by several groups wherein there are accounts of the success of union towards the workers. Such activities such as union busting only benefits the employers and the upper rank and file. In other words, it would only cater small percentage beneficiaries. The website marxists.org (2007) acknowledges the importance of trade unions as well as its effects on the workers as the website further elaborates "The effect of union action over the years is very often the continuous build up of rules and regulations, which act to protect workers, but often everything gets tied up with red tape and even the workers who the rules were meant to protect get fed up with the resulting bureaucracy. This in turn can become a good argument from the boss for tossing it all out. This "red tape" is a symptom of the weakness of the workers and their dependence on paid officials and legal protection rather than their own militancy and initiative. Union activists must always have confidence in workers to protect themselves. If workers rely on their own judgment and participation to protect their rights rather than regulations imposed on the bosses by legal documents, then they will be more conscious of what is involved, more empowered and more willing and able to change things in ways that benefit everyone without calling in lawyers" Unfair dismissal and Trade Union problem question 6 Among the other union problems considered is the refusal of collective bargaining between the workers and the company by the owners or incorporators. It has been noted that there are a lot of pickets and strikes that happened and was being arranged by collective bargaining agreement between the management and the employees which is the determinant for the employees to resume to their works. However, during the process, some companies tend to neglect what is being agreed upon and they left the workers with no option but to continue working minus the provisions that were previously agreed upon. These kind of occurrence is somewhat considered s a trick by the company to be able to convince the workers to resume the operation but in the long run would leave their promises hanging and a far fetched dream by the workers. In this view, de Silva S. (1996) stressed and defined the importance of collective bargaining in a company stating "Collective bargaining is specifically an industrial relations mechanism or tool, and is an aspect of negotiation, applicapble to the employment relationship. As a process, the two are in essence the same, and the principles applicable to negotiations are relevant to collective bargaining as well. However, some differences need to be noted.In collective bargaining the union always has a collective interest since the negotiations are for the benefit of several employees. Where collective bargaining is not for one employer but for several, collective interests become a feature for both parties to the bargaining process. In negotiations in non-employment situations, collective interests are less, or non-existent, except when states negotiate with each other. Unfair dismissal and Trade Union problem question 7 Further, in labour relations, negotiations involve the public interest such as where negotiations are on wages which can impact on prices. This is implicitly recognized when a party or the parties seek the support of the public, especially where negotiations have failed and work disruptions follow. Governments intervene when necessary in collective bargaining because the negotiations are of interest to those beyond the parties themselves" In this case, collective bargaining must first and foremost cater the needs of the workers and must be observed and properly addressed. This kind of occurrence must be looked upon and be properly delivered by the management. Should this kind of problem persists or if in case the company is not willing to observe what has been stated and agreed upon, the government must exercise its authority in relation to the law practice in that particular country. There must be provisions on a certain country that would cater the interest of the workers. In this case, the move depriving and neglecting the collective bargaining of a certain workforce is tantamount to lambasting their rights as human beings on the basis that their works and employment is the means in which these workers could live. The worst thing that could happen in one's employment and career is to be retrenched or be dismissed. To add insult to the injury, perhaps the bitterest part of it is to be dismissed without valid reason and in this case, the worker's life would be put into malady. There are reports and a lot of these occurrences involves personnel who have active participation in the Labor Union. Unfair dismissal and Trade Union problem question 8 Included in this kind of problem is re-assigning of job description of an employee as well as the location of work of the employee or in other word, putting the worker beyond his capability to work, forcing the worker to perform duties outside of his expertise, and depriving the worker the favorable proximity of his location to the workplace. Such things curtail the rights of employees which results to inefficiency of the worker which later would be dismissal. Such actions are sometimes a strategy of the management to further disable the participation of a worker to the union's activities. The security of tenure must also be addressed in considering the welfare of the worker towards his job. Newman (2007) have pointed out the grounds of illegal dismissal and such a practice is also happening in UK and how this case are addressed by the government as she states "Of the new regulations to be put into force, the provisions regarding unfair dismissals may be the most critical to employers and will be among the first to take effect. When the new regulations are implemented, the current 12,000 unfair dismissal compensation ceiling will be increased to 50,000. The Bill also provides for indexation of the unfair dismissal basic award (with a special limit in trade union dismissal cases), a "week's pay," and guaranteed pay. It also simplifies the formerly complex system of additional awards employers may be forced to pay should they fail to re-instate or re-engage and, in some cases, the additional award ceiling is also increased. In addition, the new regulations will no longer allow unfair dismissal rights to be waived upon the expiration of a fixed-term contract (of at least one year), although statutory redundancy pay rights may still be waived. The Bill also introduces a new right for employees (from the start of their employment) to be accompanied by a fellow worker or union official at certain formal Unfair dismissal and Trade Union problem question 9 disciplinary and grievance hearings, a provision which will add considerably to the length and complexity of many existing disciplinary or grievance procedures. At the hearing, the "companion" may speak on behalf of and confer with the employee, but may not answer questions on his or her behalf. The chosen companion will also enjoy protection against dismissal or other detriment by the employer" These are only a few of the problems that are being encountered by workers and unions. It is very important to advance their interest. After all, they are the prime operators of a certain company as well as the economy of a certain country in particular. Reference: wikipedia (2007). Structure and politics. Trade Union. Retrieved April 25, 2007 URL available http://en.wikipedia.org/wiki/Labour_union wikipedia (2007).Diversity of International Trade Unions. Trade Union. Retrieved April 25, 2007 URL available http://en.wikipedia.org/wiki/Labour_union marxists.org (2007)Un. How to build union. Retrived April 25, 2007 URL available http://www.marxists.org/glossary/terms/u/n.htm Newman S (2007) Unfair Dismissals. Fairness At Work Legislation. Retrieved April 25, 2007 URL available http://www.shrm.org/global/publications/baker/599glob/uk.htm Read More