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Dissertations / Theses on the topic 'Labor laws and legislation – Namibia'

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Published: 4 June 2021
Last updated: 15 February 2022

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1

Klerck, Gilton-Georg. "Fractured solidarities: labour regulation, workplace restructuring, and employment 'flexibility' in Namibia." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1004898.

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A central concern of this thesis is the expansion, distribution and control of 'non-standard' employment in Namibia since independence. The employment relationship has assumed various historical forms under capitalism, each of which corresponds to a specific mode of regulation with distinct structural dynamics. An attempt is made to extend the regulation approach 'downwards' to account for the problem of order in the workplace and to place the employment relationship within its own regulatory framework. The point of departure in this study of the dynamics of labour regulation is the contradictory nature of labour's incorporation, allocation, control and reproduction within the labour market. The employment relationship is never only an economic exchange, but is also mediated through an institutional framework that connects the processes of production and social reproduction, and regulates conflicting interests inside and outside the workplace. This relationship, as critical realists have pointed out, is a product of the indeterminate intersection of several generative structures. The roots of these generative structures can be traced to three sets of social processes: the processes of production and the structuring of labour demand; the processes of social reproduction and the structuring of labour supply; and the forces of regulation. Non-standard employment is viewed as a particular social and spatio-temporal 'fix' for the various regulatory dilemmas generated by the standard employment relationship. This conception underscores the fact that a national system of labour regulation decisively shapes the conditions under which employers are able to casualise a part of their workforce. The differential experience across national boundaries suggests that analytical space needs to be provided for systems of labour market regulation which may either accentuate or moderate pressures for casualisation. Segmentation on the demand side of the labour market is explored through an analysis of the types of non-standard jobs created in different economic sectors. The various forms of employment 'flexibility' tend to vary in importance according to the specific manner in which a firm chooses to compete. Consequently, non-standard employees are distributed in a complex and uneven manner across industrial sectors and the occupational hierarchy, and face a diverse range of possibilities and liabilities that shape their levels and forms of participation in the labour market. By counteracting the homogenisation effects of labour law and collective bargaining, the mobilisation of cheap and disposable labour through non-standard employment contracts allows employers much greater discretion in constructing the wage-effort bargain. With non-standard employment, social and statutory regulation is weak or underdeveloped and hence managerial control is autocratic, with a significant contractual component. Although the changing social composition of the workforce associated with employment 'flexibility' poses serious challenges to the modes of organisation that have long served the labour movement, trade unions in Namibia and elsewhere have been slow to respond to the threats of casualisation. Of concern here, is the extent to which attempts to promote the security of existing union members is compatible with attempts to organise non-standard employees. This thesis shows that the unions have developed a complex amalgam of strategies in their efforts to regulate non-standard employment relationships.
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2

Musukubili, Felix Zingolo. "Towards an efficient Namibian labour dispute resolution system : compliance with international labour standards and a comparison with the South African system." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018942.

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The thesis examines the Namibian labour dispute resolution system by undertaking a comparative analysis of South African and international labour standards. It describes the legal provisions that exist for the effective and efficient resolution of labour disputes through an alternative dispute resolution (ADR) system, which is given recognition in national labour legislation, and in a number of international labour standards and regional labour instruments. It argues for the provision of a proactive and expeditious dispute resolution system that helps to resolve labour disputes in the most effective and efficient manner, without necessarily having to resort to the courts. The study examines the provisions of relevant international labour standards on labour dispute resolution to ascertain their adequacy as part frameworks that apply to Namibia and South Africa’s obligation to provide ADR systems that respond to the needs of the labour relations community. It is argued that ratifying particular ILO conventions creates obligations to comply with their provisions, and to apply them in national legislation and in practice. It is further argued that by having ratified those international labour standards that provide for ADR, Namibia assumes specific obligations under international law, enjoining the country to provide the required ADR system of conciliation and arbitration, which is credible and trusted by disputants and the general public. A comparative approach is adopted, which relies on primary and secondary sources of data, thereby undertaking an in-depth content analysis. The focus of the comparison is on whether the South African ADR system can inform Namibia’s application of its newly adopted ADR system. South Africa has a labour dispute resolution system that has influenced Namibian labour law, prompting Namibia to borrow its ADR system from South Africa’s advanced Commission for Conciliation Mediation and Arbitration (CCMA). In this sense, it is submitted that there are fundamental similarities and differences in the two respective systems. Ideally, disputes should be resolved at conciliation level, resulting in the minority of disputes being referred to arbitration or the Labour Court. In terms of implementation, it is argued that despite the international obligation and commitment to provide and make available free and expeditious ADR services, there are gaps that exist between the legal framework regulating the ADR system and the application thereof in practice, making the attainment of effective and efficient labour dispute resolution difficult. Disputes should be resolved as quickly and informally as possible, with little or no procedural technicalities, and without allowing them to drag on indefinitely, offering immediate solutions instead. This is far from the reality of the situation. In contrast, the study found that although the Labour Act, 2007 and the South African Labour Relations Act (LRA) have brought statutory dispute resolution within the reach of the ordinary worker, these Acts may have compounded the problems relating to dispute resolution in the respective countries. The statutes in question have created sophisticated systems of dispute resolution in which most role players are seen as failing to operate as a result of the complex and technical processes of dealing with disputes. For this reason, the author proposes several remedial interventions that look to the future and the continued provision of fast, effective and user-friendly ADR services. Solving these problems and making effective and efficient labour dispute resolution a reality calls for renewed commitment from government and social partners and investment in appropriate human and financial resources. This requires a strong political will as well as concerted efforts from all role players in the labour relations community in the two respective countries.
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3

Downey, Michael J. "The incorporation of ILO Conventions into Hong Kong legislation and the implications for the Hong Kong Special Administrative Region." Thesis, Click to view the E-thesis via HKUTO, 1992. http://sunzi.lib.hku.hk/HKUTO/record/B38627796.

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4

Tse, Sau-kuen. "Labour policy and the protection of the legal entitlements of private sector employees." [Hong Kong : University of Hong Kong], 1992. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13236416.

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5

Wasileski, Gabriela. "Labor law transformation and the rule of law the Czech and Slovak Republics, 1993-2005 /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 100 p, 2007. http://proquest.umi.com/pqdweb?did=1303296061&sid=10&Fmt=2&clientId=8331&RQT=309&VName=PQD.

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6

Wong, Ka-lin Judy. "Labour and employment in Hong Kong and South Korea." Hong Kong : University of Hong Kong, 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1403878X.

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7

Yeung, Siu-hung Polly. "Labour policy and the employment ordinance." Click to view the E-thesis via HKUTO, 1991. http://sunzi.lib.hku.hk/hkuto/record/B42574195.

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8

Chan, Sung-tai. "The enforcement of labour legislation in Hong Kong : a study of industrial safety regulations /." [Hong Kong : University of Hong Kong], 1986. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12323196.

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9

Matthews, John. "The legal issues relating to human resources for foreign investors in Hong Kong and/or China." Thesis, Click to view the E-thesis via HKUTO, 1995. http://sunzi.lib.hku.hk/HKUTO/record/B38627814.

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10

Beaumier, Jean-François. "L'application extraterritoriale des lois nationales incorporant des normes internationales du travail." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80910.

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Globalization has favoured a new type of business: Multinational Enterprises (MNE). MNE distinguish themselves from national businesses in the sense that they continue to be governed, in their relationship with their employees, by the national law where they operate. This contradictory dualism is the source of great tensions and uncertainties with regard to the future of national and international labour law standards. In a first part of this thesis, we study the International Labour Organization (ILO), which is the international body competent to adopt international standards and apply them. In the second part, we examine the phenomenon of national labour laws extraterritoriality and its manifestation in some jurisdictions. Finally, we explore the justifications put forward for the extraterritorial application of national laws, in particular when these national laws incorporate "fundamental" international labour standards.
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11

Mak, Chi-tung William. "An evaluation on the use of administrative discretion in labour legislation." Click to view the E-thesis via HKUTO, 1988. http://sunzi.lib.hku.hk/hkuto/record/B31975549.

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12

Wong, Ka-lin Judy, and 黃嘉蓮. "Labour and employment in Hong Kong and South Korea." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1995. http://hub.hku.hk/bib/B31950802.

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13

Tse, Sau-kuen, and 謝秀娟. "Labour policy and the protection of the legal entitlements of private sector employees." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1992. http://hub.hku.hk/bib/B31964163.

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14

Munuve, Lilian Kasyoka. "A comparison between the South African and Kenyan labour law systems." Thesis, Nelson Mandela Metropolitan University, 2008. http://hdl.handle.net/10948/752.

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Labour law is a system of rules regulating the labour force in the society. These rules of labour are legal rules and are legally enforceable which means that if there is a breach of rules a party may approach a court of law or any other institution to obtain relief in respect of the breach of the rules. As a large percentage of the population at any given time in the world is involved with employment relationship, the labour relationships between employer and employee cannot be ignored as it affects both socio-economic and political factors in our society. Labour Law in general focuses on various relationships, including the relationship between the employer and employee, between the employer and a trade union or a group of employees, employers and employers’ organization. From the foregoing it can be deduced that there are two components of labour law which must be distinguished, namely individual and collective labour. The individual relationship focuses on the relationship between the employer and the employee while collective labour laws deal with matters such as legal nature of trade unions (and employers’ organization), the legal nature and enforceability of collective agreements, collective bargaining institutions and the legal consequences that flow from strikes, lock outs and other forms of industrial action. Collective labour law can therefore be said to be the body of rules which regulates the following collective relationships between: • employees and the trade union they belong to • employers and employers’ organization • employers and /or employers organization and trade unions • the government and trade unions • the government and employers organization However the collective labour law cannot be said to be absolute but is interdependent with individual labour law because the collectively agreed terms become part of the individual employment relation. This study mainly focuses on the collective labour aspect of the labour law system which shall be discussed in detail in the chapters to follow.
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15

Share, Hanli. "Suspension as an unfair labour practice." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1018655.

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Suspension as a form of an unfair labour practice can be of two categories. There could be a situation where an employer suspends an employee as a disciplinary sanction after an employee has committed an act of misconduct. This is often referred to as a punitive suspension. An employer may also suspend an employee pending a disciplinary hearing. In this case the employee has not yet been found guilty because the investigation into the alleged misconduct is still on going. The employee may be suspended as a way of preventing him from interfering with the investigation process into the alleged misconduct. This form of suspension is often referred to as a preventative suspension. It is very important to note the distinction between the two forms of suspension because the processes that are followed when effecting them are different. Failure to acknowledge the difference might result in a situation where an employer might be effecting a preventative suspension but the consequences might be that of a punitive suspension and end-up being an unfair labour practice. Suspension is a disciplinary measure, and it is important to note that in the event that the employer elects to implement a suspension, its conduct must be disciplinary in nature and intent and should be corrective rather than punitive.Unlike dismissals where the Code of Good Practice of the Labour Relations Act, No 66 of 1995 provides guidance on what constitutes procedural and substantive fairness, there are no guidelines on what constitutes procedural and substantive fairness when it comes to suspensions. This has resulted in a situation where suspension is treated as a minor aspect of disciplinary measures that is frequently abused as it is often on full remuneration. This, however, does not allow an employer to suspend employees at will, without merit and without following proper procedure. Suspension could have severe adverse effects on employees and often affects their reputation, goodwill, human dignity, self-esteem and the right to meaningful association and work. It is for this reason that suspension must be effected in a way that is procedurally and substantively fair.Punitive suspension is implemented as a sanction and is often without pay and is a last resort prior to dismissal. Preventative suspension occurs prior to a disciplinary hearing, with the aim of temporarily removing the employee from the workplace to enable the employer to conduct a proper investigation without interference. Unfortunately preventative suspensions are often abused by employers in that they protract over extended periods of time, making the preventative suspension punitive in nature, to the extent that the courts have been forced to intervene and lay down stringent requirements that must be met in order to prevent such abuse.There are various requirements for suspension which range from the intention of the employer, the audi alteram partem rule, sufficient reasons prior to suspension to period of suspension. Most employment relationships are governed by disciplinary codes or collective agreements, which often place limitations on the concept of suspension. Some codes provide for special leave at the option of the employee, which the employer often abuses instead of utilizing the preventative suspension option. This, however, is more often than not to suit a political agenda.In the event of non-compliance by an employer, an employee is not left remediless. An unfair suspension constitutes an unfair labour practice and an employee has the right to refer such dispute to the relevant labour forums like the CCMA or the relevant bargaining council. Employees are cautioned not to refer their disputes to the Labour Court for final relief, but rather to only approach the courts for urgent interim relief, like interdicts.
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16

Bourgault, Julie. "Le harcèlement psychologique au travail : les nouvelles dispositions de la Loi sur les ormes et leur intégration dans le régime légal préexistant /." Montréal : Wilson & Lafleur, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/514073918.pdf.

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Univ., Diss. u.d.T.: Bourgault, Julie: L'impact juridique des nouvelles dispositions de la loi sur les normes du travail en matiere de harcelement psychologique sur le régime légal préexistant--Laval, 2005.
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17

Rutayisire, Paul. "La faute lourde du travailleur: étude comparative des droits burundais, belge et français du travail." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213302.

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18

Doms, Leonard S. "The South African labour legislation and its impact on the labour market." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53174.

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Thesis (MBA)--Stellenbosch University, 2002.
Some digitised pages may appear illegible due to the condition of the original hard copy.
ENGLISH ABSTRACT: The recent discussions regarding the relations between the government and industry have highlighted the importance and continuous changes that have been investigated, tried and tested by the tri-part alliance since its inception. A study was conducted of all the current issues and changes in labour legislation and its impact on the labour market. Due to the continuous changes and heated debates, not to mention regular strikes and negotiations by those parties and their representatives, this topic is heated and ever changing.
AFRIKAANSE OPSOMMING: Die onlangse onderhandelinge en besprekings betreffende die verhouding tussen die regering en industrie plaas klem op die belang van en gereelde veranderinge wat ondersoek, geimplimenteer en getoets is deur die drieledige alliansie sedert laasgenoemde se ontstaan. 'n Studie is gedoen van die huidige kwessies en veranderinge in arbeidswetgewing en die impak daarvan op die arbeidsmark. Die gereelde veranderinge in wetgewing en soms hewige debatvoering tussen die betrokke partye, bo en behalwe die gereelde stakings en onderhandelinge deur daardie partye en hul verteenwoordigers, maak hierdie onderwerp baie sensitief en stel dit bloot aan gereelde ondersoek en verandering.
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19

Vettori, Stella. "Alternative means to regulate the employment relationship in the changing world of work." [S.l.] : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11082005-142503/.

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Thesis, LLD--University of Pretoria, 2005.
"Submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Department of Mercantile Law, Faculty of Law, University of Pretoria." Includes bibliographical references and index.
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20

Sawall, Sandra. "Die Entwicklung der Arbeitsgerichtsbarkeit /." Aachen, Germany : Shaker, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016137064&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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21

Mak, Chi-tung William, and 麥志東. "An evaluation on the use of administrative discretion in labour legislation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B31975549.

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22

Chan, Fun-ting, and 陳訓廷. "The application of expert system in labour legislation." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1988. http://hub.hku.hk/bib/B31263987.

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23

Nielandt, Dörte. "Das SGB III als Konfliktfeld von Sozial- und Wettbewerbsrecht : die Beihilfenrelevanz von SGB-III-Maßnahmen unter Berücksichtigung des Vergaberechts /." Berlin : BWV, Berliner Wiss.-Verl, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014942635&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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24

Sundra, Karean Vanitha Karean. "Individual empowerment in labour law /." [St. Lucia, Qld.], 2004. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe18313.pdf.

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25

Frohlich, Ingmar. "Vertragsstrukturen in der Arbeitsverwaltung /." Baden-Baden : Nomos, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015825491&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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26

Fourcade, Cécile. "L' autonomie collective des partenaires sociaux : essai sur les rapports entre démocratie politique et démocratie sociale /." Paris : LGDJ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/523123817.pdf.

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27

Guzmán, Lozano Luz María. "Female labour in Mexico : a legal analysis comparing international and domestic law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99139.

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This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.
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28

Gómez-Lugo, Fanny. "The protection of fundamental rights at work : a study of Venezuela and the Andean Community." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99138.

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The adoption of a new constitution, the changes in legislation, and the well-known shift in policies and State practices introduced by the Chavez administration, are some of the factors that persuaded me to examine not only the legal protection but the actual exercise of internationally recognized core labour standards in Venezuela, notably freedom of association and the right to collective bargaining, the elimination of forced labour, the abolition of child labour and the elimination of discrimination at work.
Given the structure and nature of the ILO, its mechanisms of enforcement are limited. Despite the successful ILO objective of promoting compliance with workers' rights, certain Member States like the Government of Venezuela, continue to violate labour rights. This situation requires the search for alternatives.
The idea that inspired this paper was an attempt to look for alternatives in regionalism. The hypothesis is that a sub-regional approach through the Andean Community, comprising Andean countries, offers a more effective means to protect labour rights in Venezuela than an international approach through the ILO. However, the solution points more to a joint international-regional approach to better ensure workers' rights in Venezuela and the Andean region.
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29

Yeung, Siu-hung Polly, and 楊少紅. "Labour policy and the employment ordinance." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B42574195.

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30

Boutin, Karina. "L'utilité pratique du droit international dans la lutte contre le travail des enfants." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31152.

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In the world today, economic exploitation of children is one of the most intolerable attacks to humanity. Given the extent of the phenomenon, international action is necessary to ensure its elimination. In this regard, international law can play an important role as it can direct formulations of State policy. Unfortunately, despite numerous normative developments, child labour still exists. Therefore, the author suggests that international action be reoriented at two levels. Firstly, the current approach must be re-evaluated to take into account the social dimension of child labour. Education should be a key focus in the struggle against child labour since it can work to fight the diverse causes of the problem while offering young labourers an alternative. Secondly, as normative control mechanisms are deficient, international law should be completed by direct intervention to ensure education is put at centre stage. Only direct action lead by international and local partners will eliminate the economic exploitation of children.
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31

Tenailleau, Marie Amelie. "Etude des procédures de mise en œuvre des droits fondamentaux au travail : perspectives d'évolution du rôle de l'OIT dans le contexte de la mondialisation." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34013.

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In the context of economic globalisation, the unequal distribution of wealth among nations often leads to infringe fundamental workers' rights, so that it has become a major concern for politicians, scholars, jurists and NGOs. Therefore the question is how the social market can be regulated today. The ILO is the first international organisation that has dealt with workers' rights, especially fundamental rights, its goal being to protect workers universally. If its legitimacy had been unquestioned for years, it is shattered by external economic factors today: state's loss of power in regulating social relations, the emergence of new political counterbalances on the international scene---unknown by international public law---and self-governance by social labels or codes of conducts. The author will attempt, by a critical appraisal, to demonstrate that the ILO has its own constitutional and logistical means to implement fundamental workers' rights efficiently and independently: union freedom and collective negotiation, prohibition of hard labour, prohibition of child labour, prohibition of discrimination. According to the author, the ILO is undergoing an institutional transition. The latter is adapting to the new economic context. In Geneva centralised procedures are still very centralised but they are in the same time counterweighted by local actions or soft procedures. These more flexible and discrete procedures are the keystone of the ILO system of supervision to implement fundamental rights. Finally it is relevant to have a look at regional organisations which deal with those fundamental rights, as they have a special role in implementing the ILO fundamental rights.
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32

Wiesenecker, Philipp. "Arbeitsrecht der Länder im Nachkriegsdeutschland /." Baden-Baden : Nomos, 2005. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013366045&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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33

Iannone, Enrico. "Die Kodifizierung des Arbeitsvertragsrechts - ein Jahrhundertprojekt ohne Erfolgsaussicht? : eine Untersuchung vorangegangener Bemühungen um ein Arbeitsvertragsgesetz und Analyse möglicher Erfolgsaussichten des Reformprojekts /." Frankfurt, M. ; New York, NY : Lang, 2009. http://d-nb.info/996363491/04.

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34

Ndung'u, Agnes. "The concept of decent work in a South African context." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1618.

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Work is a key component of people's lives and most people aspire to have work that is sufficient to provide a living wage so as to lift them out of poverty and social exclusion and also that is secure enough to guarantee a decent livelihood. The Decent Work Agenda has gained much popularity in recent years and proposes an approach to development that emphasizes fair and sustainable working opportunities that include principles of rights at work, social protection and social dialogue. Various issues have been raised in this study. Firstly, the decent work concept needs to be understood comprehensively as there is misconception about what the concept implies and what it can achieve. Secondly, it is acknowledged that there are huge decent work deficits in South Africa especially in the informal sector which impede on the advancement of people‟s conditions of living, cause people to live lives of poverty as well as deprive people of a life of dignity. This is despite decent work having a solid basis in labour legislation and also South Africa being bound by international law and principles concerning decent work. The study observes that reform in labour legislation is recommended to help overcome the decent work deficits. The ILO has proposed the Decent Work Country Programmes to help countries align their economic development goals with the international goal of the achievement of Decent Work for all. South Africa also has its own solutions such as the New Growth Path as well as other policies. The main issue however is how these policies can be implemented effectively and how decent work can be achieved against a backdrop of the socio – economic challenges that South Africa faces.
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Ten, Berge Susanne Francijna Maria. "Employer's prerogative in the context of outsourcing." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This research paper investigated whether there are any limitations or restraints in the Labour Relations Act 66 of 1995, which possible keeps an employer from outsourcing functions or parts of a business to a third party.
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36

Chan, Sung-tai, and 陳崇泰. "The enforcement of labour legislation in Hong Kong: a study of industrial safety regulations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1986. http://hub.hku.hk/bib/B31974697.

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37

Abrahams, Eloise. "Efficacy of plain language drafting in labour legislation." Thesis, Peninsula Technikon, 2003. http://hdl.handle.net/20.500.11838/1742.

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Thesis (MTech (Human Resource Management))--Peninsula Technikon, 2003
The framework of the employment relationship is regulated by labour legislation. The relationship is known as the tripartite relationship, it is made up of the employer, employees normally represented by the union and the state. The state is responsible for the statutory and legislative framework within which this relationship is conducted.Legislation has been traditionally written in such a manner that only a selected group could understand and interpret it. The new dispensation in South Africa necessitated a move from the traditional manner in which legislation has been drafted to a more open and transparent format, which the general public can understand and comprehend. Plain language drafting that has been in use for the past 28 years intemationally is a method of drafting legislation which focuses on the reader or end-user.This study investigated the impact on comprehension and understanding levels of subjects when presented with a format of labour legislation that was redrafted using the guidelines of plain language drafting as opposed to the current format of the legislation.The research hypothesis was "Legislation will be more easily understood if redrafted in terms of plain language principles."An extensive literature review on plain language drafting, plain language principles and on mass communication was undertaken. The focal area in the literature review dealt with research that has been conducted on plain language drafting in labour legislation and on the theory of drafting and plain language.The empirical study was conducted at a model C type, senior secondary school in the Westem Cape with English speaking grade 11 students. The study tested the comprehension and understanding levels of the respondents 'In an experimental and control group environment. The experimental group receivedthe redrafted format of the legislation and the control group received the current format of the legislation.The results of the empirical study, conclusively demonstrated that the respondents in the experimental group who received the redrafted fonnat of the legislation, far exceeded the performance of the results that were achieved by the control group who received the current format of the legislation. The test results were exposed to various statistical measures to validate the research hypothesis. The findings of the statistical measures supported the research hypothesis.The findings of the empirical study concurred with the literature review and the research hypothesis; that when plain language drafting principles are applied to legislation, the reader more easily understands it.In conclusion the statistical tests have conclusively proved that, overall, plain language does improve comprehension of the legislation.
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Li, Wai Kei. "A study of adopting alternative dispute resolution in occupational safety and health in Hong Kong." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833817a.pdf.

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Pretorius, William Richard. "The impact of the concept of decent work on the job security and the provisioning of educators." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1021218.

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Section 29(1) of the Constitution of the Republic of South Africa (the Constitution) guarantees the right to a basic education, including a basic adult education and further education. In realising this right, the State is obliged to provide financial and human resources in a manner that will transform society as a whole and deliver a better life for all citizens. The human resources in the main refer to educators. Education is one of key priorities of the present government to the extent that President Zuma has instructed that a presidential commission be established to look into the conditions of service of public servants and in particular that of educators. The International Labour Organisation (ILO) has proposed the Decent Work Country Programmes to help countries align their policies with the international goal of the achievement of Decent Work for all. South Africa has done a lot of work in this regard; however the main challenge remains with the implementation and acceptance of such policies by the major stakeholders especially the trade unions. This treatise investigates the impact of the Decent Work Agenda (DWA) on the job security and provisioning of educators in South Africa. It also explores the conditions of service of temporary educators and those educators who are teaching in the rural areas under extremely difficult conditions in comparison with their counterparts in urban areas. This treatise also examines the status of social dialogue in the education sector and the impact of same on collective bargaining. This treatise recommends that the utilisation of the services of temporary educators need to be regulated to address the continuous extension of temporary contracts that is impacting negatively on job security. It also suggests that urgent measures in the form of norms and standards be determined to improve the working conditions of educators who are teaching in rural areas under very difficult circumstances.
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Al, Shaibani Salha. "The changing nature of employment relationships and its challenge for health and safety law." Thesis, University of South Wales, 2012. https://pure.southwales.ac.uk/en/studentthesis/the-changing-nature-of-employment-relationships-and-its-challenge-for-health-and-safety-law(96bce387-40b5-44f7-a7b9-bf8d387cbff0).html.

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The thesis explores the challenges faced by health and safety law in the UK as a consequence of the continuous changes in the employment relationship. This primarily covers the growth of the different forms of non-standard work. Health and safety law developed through a number of socio-economic changes in the UK. It has moved from only covering particular areas and particular classes of workers in the nineteenth century to wider areas of occupational health and safety and to include more of those at work. The thesis sets out the issues surrounding non-standard work arrangements and how they might affect the application of health and safety law. Key case-law is examined and the legal changes in the area of health and safety carefully analysed. Research has been carried out by others concerning the reasons for and extent of the changing nature of work as an indicator of the changes that took place in the labour market in general; but the research in this thesis concentrates on how the application of health and safety law is challenged by such changes. The central hypothesis of the thesis is that non-standard work by its very nature might put those who are employed under its various types at more risk than their counterpart standard workers. This hypothesis is developed and explored through the field-work. The field-work took the form of a postal questionnaire to workers in the UK in geographical areas selected for their differing characteristics together with some semi structured interviews which sought to introduce a qualitative data element to the quantitative data in order to enrich and elaborate upon the findings of the questionnaire. Analysis of the completed and returned questionnaires revealed that in today's workplace the nature of risk has changed, with an increase in the psychological risk related to work. Both groups of standard and nonstandard workers suffered from stress-related illness. This illustrates the complexity of the concept of vulnerability and how that might challenge the application of health and safety law and affect its efficacy. A number of unexpected issues surfaced through the field-work, such as that working in the different types of non-standard work were effectively involuntary for some of those who chose to work this way. The main reason for their decisions was to be able to provide for the family income as well as to have more control over work and the ability to combine work with other responsibilities including domestic duties. Despite the relatively low number of non-standard workers who participated in the postal questionnaire, it seems that they are in a better position than was hypothesized at the outset, before the field-work took place. Analysis of the semi-structured interviews revealed that interviewees had considerable knowledge and awareness about their employer's general duties in terms of risk assessment and safety training in addition to other significant aspects. This applies to both standard and non-standard workers, which indicates the important improvement in the management of occupational health and safety. However, a serious issue was common to most of those who suffered accident and/or ill-health from both groups of standard of non-standard workers: not reporting their experiences to their employers. In addition, many of those workers did not seek legal advice following their accident and/or ill-health because of fear and uncertainty about their employers' reaction. The thesis concludes with some reflections on the effectiveness or otherwise of health and safety legislation.
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Plöger, Henning. "Sonderarbeitsrechte im Pressebereich : Auswirkungen eines institutionellen Grundrechtsverständnisses auf das Arbeitskampf- und arbeitsrechtliche Statusrecht der Presse /." Frankfurt am Main ; Berlin ; Bern ; Bruxelles ; New York ; Oxford ; Wien : Lang, 2003. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=010317697&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.

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42

Murray, Kristen. "Sex work as work : labour regulation in the legal sex industry in Victoria /." Connect to thesis, 2001. http://eprints.unimelb.edu.au/archive/00000517.

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43

Sham, Brenda. "The contemporary role of leadership in organizational transformation a qualitative approach /." Pretoria : [s.n.], 1999.

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Koen, Gerhardus Johannes. "Die arbeidsregtelike posisie van die nakomingsbeampte in die Republiek van Suid-Afrika." Diss., Pretoria : [s.n.], 2002. http://upetd.up.ac.za/thesis/available/etd-08172004-095205.

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Swartz, Natasha Schantal. "The effect of South African labour legislation on refugees and migrants." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1019921.

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Since South Africa was declared a democratic country, the number of refugees fleeing to South Africa has increased. While it is understandable that refugees would flee to a country with a Constitution that protects the rights of everyone within its territory, this influx of refugees and migrants also puts a strain on the South African economy. One of the main problems associated with refugees and migrants in this country is their illegal status. Failure to obtain legal status in the country can be attributed to their own negligence to attend to the Refugee Reception Office, upon their arrival in the country. On the other hand, the South African government also fails foreigners in that the service provided at the Refugee Reception Offices is not up to the standard promised in the legislation. A further problem associated with refugees and migrants in the country is that they are competing with South Africans for jobs that are already scarce in the country. A foreigners need to earn a living is the driving force behind entering the employment market, and often illegally. Where refugees and migrants do not have the required work permits, their employment is prohibited in terms of the Immigration Act 13 of 2002 and they are thus illegal workers. Until recently, South Africa has followed the same policy as other international countries. Illegal workers did not have access to the protection provided by our labour legislation, by virtue of the illegality of their employment contracts. This position was changed by the Discovery Health case where the courts focused more on the existence of an employment relationship as oppose to an employment contract.
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Fomosoh, Raymond Awa. "Globalisation and work regulation in South Africa." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8106_1310982701.

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This research paper examines the different forms of employment patterns that have emerged as a result of globalisation as well as the mechanisms that have been used by the legislator to accommodate those in non-standard employment relationships.

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Chow, Kam-wah. "Labour contract in China : an analysis of the contractual arrangement of human resources under a socialist market economy /." [Hong Kong : University of Hong Kong], 1995. http://sunzi.lib.hku.hk/hkuto/record.jsp?B15967396.

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48

Wagner, Christian-David. "Betriebliche Bündnisse für Arbeit - Retter der Tarifautonomie? /." Berlin : Duncker & Humblot, 2009. http://d-nb.info/993929877/04.

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Timothy, Lester Clement. "Non-renewal of a fixed-term employment contract." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/431.

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In terms of the common law contract of employment an employee who is a party to a fixed term contract, unlike an indefinite period contract, cannot be dismissed. The contract terminates upon an agreed or ascertainable date determined by the parties and the conclusion of the contract. Section 186(1)(b) of the Labour Relations Act 1995, however, defines the failure to renew a fixed term contract on the same or similar terms where the employee reasonably expected the contract to be renewed, as a dismissal. In this treatise the scope and content of this provision is considered with reference to relevant case law. The factors and considerations that establish a reasonable expectation are highlighted and considered. The question as to whether or not this provision also provides for the situation where an employee expects indefinite employment is also considered and critically discussed. The author concludes that the provision should not be interpreted in such a manner that an expectation of permanent employment is created.
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McQueen, John Brian. "A spatial analysis of inter-group tensions the fate of the Democratic Party /." Pullman, Wash. : Washington State University, 2009. http://www.dissertations.wsu.edu/Dissertations/Spring2009/j_mcqueen_042109.pdf.

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