Sources and Institution of Labour Laws

Question 1

Labour Law

Answer 1

Legislation that mediates the relationship between employee and employer

corporate labour laws- mediates the relationship between employer, employee, and unions

Question 2

Insert slide

Answer 2

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Question 3

Ministry of Labour & Social Security

Question 4

Bodies

Answer 4

International Labour Organizations-
Millenium Development Goals
International Security Association

Question 5

Jamaicamembership in ILO

Answer 5

• registered since 1962
• signed unto 26 ILO conventions with include 8 fundamental conventions

Question 6

Labour Laws generally cover

Answer 6

Trade union recognition
Establishment of collective bargaining
Good it practices
Mechanism for statutory arbitration

Question 7

Labour Laws in Jamaica divided into 3

Answer 7

• Employment
  Industrial Relations
  Industrial safety law

Question 8

Employment Law

Answer 8

-stipulates ways of working conditions
-based largely upon the common law concept of the contract of employment
-Legally binding

• Eg. Employment Termination and Redundancy Act 1974- can be used in mutual separation also
  -protection, anti-discrimination, unfair dismissal

-Also we don’t make people redundant, but the people
-So you cannot advertise the position after it has been made redundant(unless redesigned)

-risk of suit for unfair dismissal

Question 9

Industrial Relatins Law

Answer 9

Characterized by the principle of volunteerism

Trade Union 1919(amended 1938)

LRIDA- Labour Relations & Industrial Disputes Act

Provides legislative framework for recognition, industrial dispute resolution and statutory arbitration.

Question 10

Industrial Safety Law

Answer 10

Comprises- the factories Act 1943- Under section 12 of this act includes provision. Therefore, the Building Operations and Works of Engineering Construction Regulations of 1968 as well as the Docs regulation of 1968 provide the framework for these laws

Laws above more applicable to those in manufacturing, construction, engineering industries

Jamaica has no comprehensive industrial safety laws in place.- drafting legislations for a comprehensive health & safety Act.

• We have OSHA to work with

Question 11

Due Process

Answer 11

• Follow standard procedure for all activities; especially in dealing with reporting situations, handling disputes

Question 12

No Call no show

Answer 12

• Be sure to know if person abandoned job- launch and investigation

Question 13

Labour Laws are enacted with three purposes

Answer 13

Protective
Auxiliary
Restrictive

Question 14

Protective Legislations

Answer 14

Protection against unfair treatment:

-Minimum wage
-Factory Act (OSHA)
-Equal Pay
-Maternity Leave(and paternity)/ Parental leave
-Employment (Termination and Redundancy Payments Act)

Question 15

Auxiliary Legislation

Answer 15

Support establishment of comllective bargaining:

Trade union act (1919)- entrenchment of union

LRIDA: union must register within 30 days; membership numbers and positions, how to file statements, industrial action peaceful, prohibition of certain practices(violence, intimidation, sabotaging workplace)