Elaborate on the rights and obligations of Employees, Unions, Employers and Empl oyers Organisations.

Labour Relations refer to a complex system of individual and collective actions as well as formal and informal relationships that exist between the State, Emplo yers and Employees (Du Toit, Erasmus and Strydom, 2007:251). Relationship in a b usiness is considered to be a crucial element in Labour Relations. The employers and employees are the primary participants in the relationship, while the state is the secondary participant. The states role is to provide a framework within w hich the primary participants can conduct their relationship. This is done by me ans of legislations. Different states have different legislations, yet most of t hem aim towards the protection of the rights and obligations of employees, union s, employers and employers organisations. The legislation is set as the Labour Relation act whose purpose is to advance econo mic development, social justice, labour peace and a democratisation of the workp lace (Nel, Van Dyk, Haasbroek, Schultz, Sono and Werner, 2004:91). The Labour Rel ation Act specifies the rights and obligations of employees, unions, employers a nd employers organisations through a focus of freedom of association, organisatio nal rights, unfair dismissal, unfair labour practice as well as strikes and lock outs (MANCOSA, 2011:88). Employers and employees have responsibilities to each other; they should also ex pect their rights to be upheld. These rights and responsibilities relate to area s such as Health and Safety, the provision of Terms and Conditions of Employment , Equal Opportunities and the right to be paid a Minimum Wage. Employers and emp loyees need to have some system for communicating their views and requirements t o each other. Employee-employer relations take place at two main levels which ar e Individual relationships Collective relationships. An individuals relationship is with their employer and relates to their contract of employment and conditions of work. Collective relationships involve groups of employees and often involve trade unions. Employees are expected to receive the terms and conditions of their work setting out when their work commences, what their main duties are, who they are account able to, rates of pay, and other entitlements. The terms and conditions are to b e clearly specified in an Employment Contract. The employment contract is a legally binding agreement between worker and employer that sets out the terms and condi tions of the job. It contains details of the workers responsibilities and rights and conditions of work (Stimpson, 2004:503). The agreed employment contract should define the following features; (i) The employee is requested to Arrive at work on time Dress suitably for the job (including wearing appropriate safety equipment if re quired) Work to the best of his ability Respect the employer, colleagues and customers Take care of the employer s property Follow the employers reasonable and lawful instructions obey safety rules Ask for help whenever needed Know what the employer expects him to do if he cant be at work for any reason (fo r example, the employers policy on how to advise when the employee is sick) Not discriminate or harass others in the workplace Not act in a way that puts him or others at risk of injury in the workplace. (ii) The employee is entitled to Be paid the right wage for the job he does Be protected from unfair dismissal Be protected of his workplace rights Be protected from unlawful discrimination Sick leave, annual leave, public holidays, family leave and long service leave Freedom to belong to or not belong to a union. Receive his wages without unlawful deduction (lawful deductions include income t

ax or any deduction he authorises in writing) (www.thetimes100.co.uk/thoery-legi slation.com). (iii) Freedom of association: Freedom of association means that employees have t he right to form or to join a trade union of their choice. They have the right t o participate in the lawful activities of the trade union ((Du Toit et al., 2007 :252). The protection of the freedom of association in the Labour Relation Act ( LRA) must be within the context of the fundamental rights of freedom of associat ion contained in the International Labour Organisation (ILO) abiding to the Cons titution of the country. According to the Government Gazette of Mauritius (2008: 528), every worker shall have the right to establish or join, as a member, a tra de union of his own choice, without previous authorisation and without distincti on whatsoever or discrimination of any kind including discrimination as to occup ation, age, marital status, sex, sexual orientation, colour, race, religion, HIV status, national extraction, social origin, political opinion or affiliation Em ployers also have similar rights to form or join an employers organisation, such as the Mauritius Employers Federation (MEF), in Mauritius. (iv) Organisational Rights: Trade Unions may apply for, and exercise organisatio nal rights in respect of the employers premises. The trade union is allowed acces s to the employers premises to recruit members, to communicate with them and to r epresent members interests. Subject to conditions regarding time and place, to sa feguard life and property, or to prevent undue disruption of work, trade unions are allowed access within the employers premises to hold meetings after th e normal working hours (Du Toit et al., 2007:252). The employer and the trade un ion are engaged in wage negotiations and general conditions of work for the empl oyees. (v) Unfair dismissal: As stipulated in the LRA, section 185, a dismissal is unfa ir if the employee has exercised a right conferred by the LRA itself, example, t he right to freedom of association. The dismissal is unfair if it relates to dis crimination of the age, gender, language or political beliefs (Du Toit et al., 2 007:255). Dismissal is unfair when An employer does not have a fair reason for dismissing an employee, example, if there was nothing wrong with the job performance. An employer did not follow the correct process when dismissing the employee, exa mple, and the employer has not followed the companys dismissal processes as per t he employment contract. A female employee is pregnant or intends to be pregnant. Whenever an employee feels that he has been unfairly dismissed he should refer i n writing to the Commission for Conciliation, Mediation and Arbitration (CCMA), which is a bargaining council set up by the local government and is recognised b y the ILO. Employers have to be very careful because penalties for an unfair dis missal are very considerable (Nel et al., 2004:94). (vi) Unfair Labour Practice: Unfair labour practices refer to acts committed by employers or trade unions that are contrary to the ILO and the ERA such as: Threatening an employee with the lost of benefits or her job because he signs on to a union or participates in a trade unions activities. Business owners cannot imply that they will cease the business if the workers fo rm a union to protect their rights. Employers are not allowed to question workers about union activities. Employers should not behave in a manner that may be construed as coercive or threatening. Alleged cases of unfair labour practices should be referred in writing to the CC MA or to the Ministry of Labour for enquiry (MANCOSA, 2011:91). (vii) A strike is the withholding of labour by workers in order to obtain better working conditions. Such withholding of labour is generally accompanied by demo nstrations, such as picketing, parades, meetings. The LRA defines a strike as th e the partial or complete concerted refusal to work, or the retardation or obstru ction of work, by persons who are or have been employed by the same employer or by different employers, for the purpose of remedying or resolving a dispute in r espect of any matter of mutual interest between the employer and the employee (D u Toit et al., 2007:254). A lockout is the opposite, being the temporary shutdow n of a business by an employer to compel employees to accept certain conditions

(Swimmer and Thompson, 1995:23). According to the ERA, government Gazette (2008:566), in Mauritius every worker h as the right to strike and every employer may have recourse to a lock-out, where a labour dispute has been reported under and no agreement has been reached, a n otice of the strike or lock-out has been given to the Minister of Labour. According to the People In Business magazine (1995:19), Successful employer/empl oyee relations involve striking a balance of interests. From the employer s poin t of view, industrial relations is about having the right to manage - the abilit y to plan for the future so that a company can continue to be a success, to make profits for its shareholders and to keep its employees motivated. From the empl oyee s point of view, it is all about securing the best possible conditions and living standards for employees. Where employees are not happy with working conditions this frequently leads to h igh labour turnover, bad timekeeping, and high levels of absenteeism. It may als o occur in the form of slackness by individuals, poor working, and deliberate ti me wasting and similar practices. References: 1. Du Toit, G.S., Erasmus, B.J. and Strydom, J.W. (2009) Business Management (7t h Ed), Oxford University Press, Southern Africa (Pty) Ltd, Cape Town. 2. Nel, P.S., Van Dyk, P.S., Haasbroek, G.D., Schultz, H.B., Sono, T. And Werner , A. (2004) Human Resource Management (6th Ed), Oxford University Press, Cape To wn. 3. MANCOSA (2011) Business Management 3A Study Guide Module, Durban. 4. Stimpson, P. (2004) Business Studies, Cambridge University Press, U.K. 5. www.thetimes100.co.uk/ legislation.com , accessed on 10.08.2011 @ 22 30. 6. Government Gazette of Mauritius (2008) The Employment Relations Act (Act No 3 2), No 95, 27 September 2008. 7. Gene Swimmer and Mark Thompson (1995) Public Sector Collective Bargaining in Canada: Strikes and Lockouts, Canada. 8. People in Business magazine (1995), Workplace Rights, Queensland.