Industrial and LAbour relations

Friendships between low-wage migrant workers can provide mutual support and information, as well as generate suspicion, jealousy, and competition. Indonesian and Filipino migrant women in Chile maintain counter-intuitive social relations where, despite never fully resolving ongoing conflicts over money, men, or reputations, women continue to attend to new emergencies and provide significant economic, practical, or emotional support to one another. Such friendships take on a hostile quality, where women can be aggressive or antagonistic while caring for the other's needs. These friendships that endure despite open wounds raise questions about the nature of care and obligation in contemporary urban nonkin relations. They highlight how women affectively navigate the potential harm of friendship to survive structural and everyday violence from other social relations. In decentering the role of positive affect in analyses of friendship and caring relations, I propose that a focus on such "ambivalent relationality" can present us with more realistic, although perhaps unromantic, models of how to care for one another in an imperfect world.

The Lord, our Creator, who gave me strength, insight and perseverance to complete this study. ♦ My husband Henk, son Charl, my mom, family and friends who had to make great sacrifices, endured long, lonely hours and supported me throughout my studies with their prayers and patience. ♦ My father-in-law Dr. Piet Bouwman for financial assistance and support. ♦ All my colleagues and the MBA syndicate group that contributed to this study in terms of insight, advice and support. ♦ Prof. Christo Bischoff, my study leader, for his support and guidance, and ♦ Prof. Jan du Plessis, Potchefstroom Business School and NWU Statistical Consultation Services, for his inputs in the statistical analysis.

In this day and age, with the very strong impact of globalisation, digitalisation and the Web 2.0, advertising as we know it is changing. Companies and advertising role players are forced to implement new consumer and business models and apply innovative business strategies. The target audience of tomorrow is the unique generation Y that have developed a personal filtering system against the onslaught of traditional media. The current idea is to try and build customised relationships with future clients from a young age by developing a relationship that complies with their requirements. This study attempts to investigate the opportunities and to match study behaviours and preferences relating to academic media utilised by undergraduate students, with avenues for targeted advertising. A questionnaire was circulated to second-year students (n=129) at the Potchefstroom Campus of the North-West University. Their study habits and utilisation of media, as well as their interests in advert...

This article investigates the role of courts and legislatures in the design and enforcement of labour laws in the context of public sector employment. It does so by focusing on government employers’ legislative ability to temporarily override public sector labour rights, or to displace outcomes achieved under their processes. This issue is analysed through a case study of Canada, a country which offers constitutional protections for freedom of association, but which is also constructing a highly deferential approach to the constitutional review of override statutes. As a result of this deference, governments have been afforded significant leeway in the use and design of override legislation, which serves to undermine the legitimacy of the underlying public sector labour law regime. The result is to shake the confidence of public sector employees in the promise of workplace power redistribution and workplace voice and to undermine the legitimacy of public sector labour law. Because o...

Purpose: The purpose of the study is to identify the tourist attractions available in Northern Nigeria, and unveil the relationship between tourism and peace, as well as tourism and national development in the region. It attempts to understand the perception of respondents on whether tourism has any significance in building peace and contributing to national development in Northern Nigeria. Method: The study adopts a mix method of quantitative and qualitative. Data was generated through structured questionnaire and complemented with a desk review of literature. Convenience Sampling was utilised in collecting data from 522 respondents in Kaduna (56), Kano (62), Kebbi (42), Katsina (45), Sokoto (54), Borno (63), Yobe (58), Bauchi (47), Adamawa (41), and Taraba (54) States of Northern Nigeria. Result: The study revealed that northern Nigeria has numerous tourist attractions that have not been appreciated and highly under-utilised. The findings contradict the existing literature that to...

Tema majalah Arena bertajuk "Sektor Informal" (2018) ini dipilih dengan signikansi begitu banyaknya pekerjaan sektor informal yang ada di Indonesia. Parahnya, sektor tersebut tidak dilindungi secara hukum, mengalami banyak kerentanan di sana-sini, dan setahu kami isu tersebut secara “spesik” belum banyak diangkat media mainstream—dan di kalangan persma. Kami pun berinisiatif mengangkat diskursus tersebut ke permukaan.

This paper provides a rough guide to the labour force in Khayelitsha/Mitchell's Plain with a particular focus on unemployment. The task is partly conceptual (a discussion is provided on statistical norms for measuring unemployment) and partly empirical. Data is drawn from the 2000/2001 Khayelitsha Mitchell's Plain (KMP) survey, which was designed mainly to explore various dimensions of labour market attachment amongst African and coloured people in Cape Town. This survey covered the magisterial district of Mitchell's Plain which includes the African townships of Khayelitsha, Gugulethu and Langa; it is not a representative sample of the Cape Town metropolitan area -but rather of working class (predominantly African and coloured) Cape Town. In the discussion that follows, reference is made to the questionnaire. The Stata 'do files' (which generated the results) are available on request. Part 1 of the paper outlines the standard labour force approach to labour statistics and points to areas where standard definitions can usefully be extended or supplemented. Part 2 continues the discussion, but with reference to employment and unemployment in KMP. A distinction is drawn between the strict and broad definitions of unemployment -and an intermediate definition of unemployment (which includes active job seekers and those seeking jobs exclusively through social networks) is introduced. Part 3 examines the nonlabour-force participants. Part 4 expands the scope of the labour force by adjusting some of the statistical requirements used in earlier approaches. Using this expanded approach, Part 5 continues the exploration of different dimensions of unemployment.

The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or noncommercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author.

This term paper examines the industrial conflict between the Academic Staff Union of Universities (ASUU) and the Federal Government of Nigeria, focusing on the 2022 ASUU strike. Utilizing conflict bargaining theories, the paper explores how divergent interests, political interference, and historical grievances shape labor disputes in Nigeria’s educational sector. The analysis highlights how negotiation, conciliation, adjudication, and industrial court orders played roles in the eight-month strike, underscoring the importance of trust and effective conflict management in labor relations. Findings indicate that enduring industrial peace necessitates a consistent commitment to agreements and a proactive approach to addressing underlying grievances. By dissecting this complex bargaining process, the study provides insights into policy reforms that could mitigate future disruptions, promote educational stability, and enhance the well-being of Nigeria's academic community.

The book builds on an understanding of the workplace as a “contact zone,” where the larger forces of capitalism, state policy, and labor markets intersect with the everyday lives and agency of workers. This approach, inspired by Carlo Ginzburg’s assertion that “the global perspective in any close-up is implicit,” allows Akgöz to go beyond the divisions between micro and macro, agency and structure. Throughout the book, we see how macro-level forces such as “postimperial state discourses, labor legislation, spatiality of development, and local labor markets” directly shape the lived experiences of workers. At the same time, the author demonstrates how the agency of workers, expressed through their daily practices and struggles, can have an impact on these larger historical configurations.

Di fe ren tes au to res coin ci den en se ña lar que en el úl ti mo cuar to del si glo XX, y con ma yor in ten si dad en la dé ca da de los '90 se pro du jo una "cri sis de re pre sen ta ción sin di cal", es de cir, un de bi li ta mien to de los sin di ca tos como or ga ni za cio nes pro tec to ras y re pre sen tan tes de la cla se tra ba ja do ra. Re su mi da men te, en Argen ti na este fe nó me no re sul ta ría de un pro ce so de rees truc tu ra ción ca pi ta lis ta que se tra du ce en la con fluencia de a) una se rie de re for mas es truc tu ra les (pri va ti za cio nes; aper tu ra co mer cial; sus pen sión de re gí me nes de pro mo ción; li cen cia de em pleados pú bli cos; etc.) que im pli can una ex pul sión de mano de obra y un aumen to de la in for ma li dad la bo ral, lo cual ero sio na la base de afi lia ción sin di cal y el ni vel de re pre sen ta ti vi dad de la or ga ni za ción; y b) una ola de me di das des re gu la to rias en el ám bi to la bo ral des ti na das a fle xi bi li zar las con di cio nes de con tra ta ción y em pleo, los mo dos de re mu ne ra ción del tra ba jo y los pro ce di mien tos de dis ci pli na mien to en el mer ca do inter no de tra ba jo (mo di fi ca ción de le yes la bo ra les; cam bios en las cláu su-5

This study examines the transfer of the British Voluntarist employment relations practice (ERP) to Nigeria through colonialism; this transferred employment/industrial relations replaced the Nigerian Paternalistic ERP. In most cases transfers of management practices by the colonial masters were done with the help of the multinational companies; in the Nigerian case the multinational company was the Royal Niger Company. This was achieved through in-depth descriptive and historical case study of the transfer of the British Voluntarist ERP to Nigeria. A review of the literature of most transfers of management practices revealed that the impact of culture on the successes or failures of such transfers are at best underplayed. In an attempt to bridge this gap, this study relying on descriptive and historical sources explored the impact of culture on the transfer of management practices with special reference to employment/industrial relations practice. The findings confirmed that all groups of people no matter how 'uncivilised' have their own management practices built around their culture and that it will be problematic to devised a template of any management practice in a cultural area with the intention of transferring such to another cultural area.

As in any other advanced democratic State, collective bargaining plays a central role in Spanish labour relations. Latest labour law reforms during the world financial crises have substantially affected this institution, and rules governing collective bargaining have changed profoundly, coherently with the general objective to increase employers' ability to change its contents and to avoid the so-called "rigidification" of working conditions. Its role is formaly more important, but an objective analysis of this new regulations and its impact on Spanish labour relations leads to a completely different conclusion. It has been converted into an instrument of economic policy, with weaker collective agreements, allowing a general wage devaluation. This experience shows the vulnerability of collective labour law to external pressures. The temptation of using instruments of social dumping can be strong, producing changes in collective labour law that impose a model of collective bargaining unbalanced towards management's interests.

Tannery in Bangladesh has a long history as a profitable business though it has both environmental and health hazards. The labour rights of tannery workers are disrupted and their standard of living is miserable. Nevertheless, the job of tannery workers is tedious. The aim of this paper is to explore the current status of basic labour rights maintained in tanneries based in the Dhaka and Narayanganj districts of Bangladesh. This study is qualitative in nature. Primary data have been collected from tannery workers through four Focus Group Discussions (FGDs) and five observations from five different factory visits in 2021. The findings reveal that tannery workers are exploited by insufficient employment benefits and a lack of welfare facilities as stated in BLA-2006. They also suffer from occupational health, hygiene and safety crises. Long working hours and pay below minimum wage are also common in this sector. In addition, tannery workers have a serious observation on their pay, lea...

With the ideological undergirding of Marxism-Leninism, the Communist Party of China (CPC) has claimed representation of peasants and workers in its vanguard role in actualising the socialist revolution. However, as China has developed economically over the past four decades, there has been an erosion in the status of workers and peasants as legitimate stakeholders in governance and ruling practices. This article attempts to map how labour, once a critical component of the CPC's political-ideological invocation, has become peripheral as China transitioned to a market economy with an emphasis on economic rationale for growth and reforms. It examines the changing contours of the CPC's discourse and practice over the past 100 years on the labour question, sandwiched as it is between the need for continued economic growth as a legitimating tool and the continued reiteration of being representative of the working class.

While the Journal gives preference to empirical studies concerning the economic, sociological, industrial and managerial issues related to the Maltese Islands, articles on theoretical aspects in the disciplines referred, and having a direct application to the Maltese Islands, will also be considered for publication.

Work is an important factor in every family life, because it constitutes the major source of income and has been elevated to a status brand. A number of workers, who have worked in a particular agency or organisation for a considerable number of years may find it difficult to find a comparable job replacement if such person's contract is terminated, most especially in the public sector. When an employee is forced to accept the next best option, empirical studies show that in the long run, losing a job has a large and enduring impact on income and yearly earnings, which many people never recover from. Previous studies on termination at the initiative of the employer have focused more on the private sector. The studies have failed to carry out a comparative analysis on the legal framework of the law on termination in the public sector of Nigeria and South Africa in a bid to strengthen the application of both laws and add to literature. The theoretical framework relied upon was that of the legal positivism and the methodology adopted was the doctrinal approach. Both primary and secondary source of data was relied upon. There is a need to amend the laws of termination of both countries to help safeguard and improve the protection offered.

Some portions of this research were undertaken by Smit for purposes of his doctoral thesis Disciplinary enquiries in terms of Schedule 8 of the Labour Relations Act 66 of 1995 under the co-promotership of Van Eck and Vermeulen. The thesis was submitted for examination in the Faculty of Economic and Management Sciences at the University of Pretoria.

The article adds to research on in-work poverty, 'precarious' work and informal economic activity. It provides ethnographic data on mobility between formal and informal work in Russia; industrial 'normative' employment is seen as precarious due to on-the-job insecurity (Standing 2011). Insecurity is understood through the prism of low-wages, lack of control over work processes, but above all the imperative on workers to become flexible, self-regulating subjects of the reformed neoliberal Russia. The discourse of selfgovernmentality is contrasted by informants to interpretations of more benign production regimes under socialism (Burawoy 1992). Exit strategies from, and discourses of resistance to, the new strictures of waged employment are then examined. These are sustained by access to an embedded blue-collar identity, and the social networks that support and reinforce such ties.

Il lavoro tramite le piattaforme digitali è il nuovo ed emblematico approccio che tenderà sempre più a rivestire una posizione dominante nell’alveo della digitalizzazione, fenomeno che ha intrapreso la sua rivoluzione già da tempo e ha conquistato con forza ancora più terreno a seguito dell’avvento pandemico. Non è una semplice sfumatura afferente all’organizzazione del lavoro, è considerabile un vero e proprio nuovo modello strutturato attraverso l’opportunità di lavorare da ogni luogo, in ogni momento e secondo le proprie preferenze in merito all’attività da svolgere. I vantaggi non sono pochi ma i rischi si nascondono dietro l’angolo: come si struttura il nuovo modello occupazionale; come si qualifica il corrispettivo; quali sono le condizioni di lavoro; dove si colloca la tutela sociale e previdenziale. Mentre le piattaforme digitali sono inequivocabilmente una innovativa risorsa tecnologica, i rapporti di lavoro instaurati attraverso di esse sembrano rivestire il ruolo di appendice, frutto di un adattamento forzoso e arrangiato. La contrattazione collettiva e il suo intrinseco meccanismo sindacale si sono fatti portavoce delle tutele per i lavoratori negli anni e ad oggi non può essere il tutto demandato ai “terms of service” degli intermediari digitali, da accettare integralmente per poter iniziare a lavorare.  L’elaborato, partendo da un inquadramento generale della tematica, punta però in ottica prevalentemente giuridica a ricostruire la sola posizione del lavoratore che “in ambito urbano e con l’ausilio di velocipedi o veicoli a motore, svolge attività di consegna di beni per conto altrui”. Il rider infatti è non è l’unica delle “nuove” figure emerse nel mondo del

lavoro e proprio a causa del suo differente modo di approcciarsi che ancora oggi non è ben chiaro e definito il ruolo che riveste. L’offerta è dedicata a tutte quelle persone che non pienamente occupate o soddisfatte della loro occupazione, cercano di accrescere il proprio reddito e talvolta di crearlo ex novo attraverso una gestione più efficiente e bilanciata dei propri tempi di vita, promessa attraverso cui la platform economy continua a svilupparsi. Ma dal punto di vista giuridico c’è differenza nel qualificare un dependent contractors rispetto a un indipendent workers oppure un tempreneurs (l’imprenditore di sé stesso che si offre per lavori a tempo) Nel faro normativo di riferimento (Decreto Legislativo 81 del 2015) questa categoria è osservata secondo due prospettive diametralmente differenti, dal lato dell’art. 2 vi è un intento regolatorio finalizzato alla più generica, in senso estensivo, riconduzione nell’universo della subordinazione, mentre nell’art. 47-bis si propende maggiormente all’autonomia, privando in tal modo della maggior parte delle tutele, sbilanciamento che si cerca di livellare attraverso le disposizioni agli articoli successivi, completando il quadro denominato “Capo V-bis”. Il legislatore ricorda che la caratteristica “digitale” è solo un attributo eventuale della piattaforma e non determinante quindi ai fini garantistici di cui al presente Decreto Legge, infatti il legame che lega prestatore e committente risulta essere digitalizzato ove si ricorra per la sua realizzazione a un insieme non circoscritto di “programmi” e “procedure informatiche”. I contraenti di conseguenza non comunicano in maniera ordinaria ovvero tramite un reciproco e concreto scambio d'informazioni, il legame si instaura per mezzo di un intermediario, un soggetto esterno non rientrante affatto nel rapporto di lavoro ma che è determinante per la sua formazione. La leggerezza di questa commistione è solo apparente, infatti il novero di tutele pazientemente intelaiate dal legislatore e dai referenti collettivi nel corso degli anni viene in questo modo colpito alla fonte.  La mancanza di specificità con cui il legislatore si esprime nel dettato normativo potrebbe da un lato essere scientemente ricercata per poter lasciare, in questa tematica volatile, spazio d’intervento proprio al dialogo delle parti sociali permettendo così una più aderente tutela per tale categoria di lavoratori, sempreché questi vengano riconosciuti come subordinati e non di certo autonomi. Occorre però rendere la questione più limpida e cercare di aumentare l’interesse dei soggetti menzionati, la tutela nella realtà risulta ancora lacunosa. Quindi sebbene da un lato la ratio può giustificarsi, ciò che non può passare inosservato è sicuramente l’inadeguatezza della collocazione giuridica del rapporto, cioè la definizione aprioristica rispetto al tipo di struttura che questo possiede ovvero quali criteri generali possono ascriversi per un collegamento rapido, ma non per questo secondario, rispetto a diritti e obblighi. Nel procedimento di ricostruzione il confronto tra gli elementi tipici del lavoro autonomo e subordinato si accende quotidianamente nella diatriba non solo delle dottrine e referenti collettivi ma anche degli stessi lavoratori. La <<funzione economico-sociale del contratto di lavoro dipendente>> tende dal lato <<knightiano>> a garantire e assicurare un reddito al soggetto che rigetta il rischio d’impresa, identificando il potere direttivo come elemento fisiologico e non così fondamentale, dato il mancato interesse del lavoratore riguardo alle giustificazioni del suo operare, che in tal modo lascia gestire al creditore (il datore) il modo d’essere non solo dell’organizzazione ma anche delle prestazioni. Il soggetto <<più timido e incerto>> cerca un’assicurazione nella collaborazione con il soggetto <<più sicuro>>. Secondo la prospettiva <<coasiana>> il contratto risulta rivestire dapprima un risparmio di costi di transazione dal momento che si evita la costituzione volta per volta di tanti contratti di lavoro quanti sono i singoli nuovi compiti che via via occorre portare a termine, evitando così non solo la loro eventuale stipulazione con più soggetti ma pure la loro rinegoziazione: il datore <<con il puro e semplice esercizio unilaterale di un potere direttivo (elemento qui più che fisiologico), acquista dal lavoratore una volta per tutte sia la disponibilità a svolgere continuativamente una determinata attività, sia la sua obbedienza>>. Risparmio di costi che forse oggi più che mai trova poco riscontro rispetto alla prospettiva offerta dall’economia digitalizzata delle piattaforme, ove l’imprenditore non risulta più interessato a <<incorporare il prestatore nell’organizzazione aziendale ingaggiandolo come lavoratore subordinato>> dal momento che il risparmio di costi è già praticato a monte dalla piattaforma che, rovesciando il concetto coasiano, riesce a sostituire il singolo con una serie innumerevole di contratti deframmentando <<l’attività del prestatore in una miriade di prestazioni contrattuali istantanee o di durata brevissima>> Le differenti impostazioni confrontandosi quindi sulla rilevanza dell’aspetto assicurativo piuttosto che su quello dell’assoggettamento a poteri direttivi, offrono uno spunto di riflessione per indagare sulle attuali sorti del lavoro tramite piattaforma, facendo luce sulla preminenza del bisogno di sicurezza e di coperture assicurative del prestatore e non tanto sul suo asservimento.


Il primo capitolo apre uno spaccato informativo relativamente all’evoluzione tecnologica e produttiva che ha condotto alla concretizzazione del concetto di piattaforma. L’argomento non è cristallizzato, giungere ad una delimitazione netta e precisa dell’argomento è infatti ancora oggi prematuro, o forse è addirittura controproducente, dal momento che il capitalismo digitale corre a ritmi mai sperimentati prima. In questo senso è necessaria una preliminare e sommaria ricostruzione del fenomeno digitale, per poi giungere alla spiegazione dei concetti sui quali si articola lo sviluppo di una determinata piattaforma, dal funzionamento ai suoi scopi, anticipando la discussione relativa ai riders, oggetto di questa trattazione.
Il secondo capitolo ripercorre i motivi che hanno condotto all’intervento legislativo del 2015 e alla sua successiva integrazione nel 2019. Una riepilogativa analisi normativa permette di comprendere più efficacemente, in linea con un assetto parzialmente impostato secondo common law, le principali pronunce giurisprudenziali che hanno alimentato ancora di più il dibattito dottrinale.
L’ultimo capitolo offre uno spunto di riflessione circa le impostazioni seguite a livello internazionale nelle principali pronunce, mettendo in luce gli elementi dirimenti relativamente alla qualificazione dei rapporti di lavoro subordinato, offrendo la possibilità in questo modo di riesaminare l’ermeneutica nazionale.

The battle over the minimum wage at the state level was so heated that every stakeholder manoeuvred against each other in the negotiation process. State governments and organized labour disagree on how to implement the national minimum wage. The research work explored the main thrusts of labour relations and the history of minimum wage implementation in the Osun state of Nigeria.

The growth, survival and success of a family business are often influenced by issues relating to family relationships and family harmony. Not only do the actions of family members influence the success or failure of the family business, but so does the behaviour of non-family stakeholders. The success or failure of the family business may also have important emotional and financial ramifications for the different stakeholders involved in the business, whether that involvement is physical or emotional. Yet, very little is known about the impact that the various stakeholder groups have on the success of the family business, its continuity or the family harmony that prevails. Consequently, the primary objective of this study is to evaluate the impact of selected stakeholders, namely non-family members, inactive family members, the senior generation and the incumbent generation on the success of family businesses. Success, for the purposes of this study, was measured using two variables...

The Labour Relations Act 66 of 1995 provides that Alternative Dispute Resolution (ADR) is predicated on providing less complex statutory processes within which labour disputes may be expeditiously and cost effectively resolved. Has or is this fundamental objective being realised? This article proffers a critical disposition of the realities besieging South Africa’s prime institution of labour dispute resolution, the Commission for Conciliation, Mediation and Arbitration (CCMA), whose establishment brought about high expectations in terms of normalising systems of labour dispute resolution, and ushering in employee-friendly employment relations. It has been observed that although the CCMA provides simplified labour dispute processes, majority of workers still struggle to achieve a practical realisation of the intended ADR benefits, largely owing to low literacy levels and the skewed bargaining power which is still slanted towards employers. Employers still wields the determining powe...

I, Ogunsanya Akintayo Adesoji, declare that the dissertation entitled "An examination of brand orientation and consumers' perception of SMMEs in Mafikeng, North West Province, South Africa", hereby submitted for the degree of Master of Arts in Communication, Faculty of Humanities, North-West University, has not previously been submitted by me for a degree at this or any other institution. I further declare that is my original work in design and execution and that all sources and materials used in the dissertation have been duly acknowledged.

Social partners (trade unions and employers' associations) shape labour institutions and economic and social outcomes in many countries. In this paper, we argue that, when examining social partners' representativeness, it is important to consider both affiliation and dissimilarity measures. The latter concerns the extent to which affiliated and nonaffiliated firms or workers are distributed similarly across relevant dimensions, including firm size. In our analysis of European Company Survey data, we find that affiliation and dissimilarity measures correlate positively across countries, particularly in the case of employers' associations. This result also holds across employers' associations when we use firm population data for Portugal. Overall, we conclude that higher affiliation rates do not necessarily equate to more representative social partners as they can involve greater dissimilarity between affiliated and non-affiliated firms.

Of crucial importance is the relationship between equity and the so-called Constitutional values enshrined in the Constitution, such as life, dignity, equality, security of person, and security of employment. Other burning issues relating to the application of equity in South African labour law are also explored, such as the relationship between equity and lawfulness, public policy, morality, the boni mores, judicial precedent and the employer's prerogative-all within the context of the Constitutional imperative of fair labour practices for everyone. We attempt to show that much is to be learnt from the common law and the foreign law systems that we investigated. The main-if not the sole-aim of such an exercise should always be the harmonization of the whole of our labour law, but especially the statutory regime, with s 23(1) of the Constitution. It goes without saying that that would be a never-ending, organic process of realizing the ideal of comprehensive fairness in our labour dispensation. A brief word concerning the methodology adopted in this study. Both legs of the study, namely equity on the one hand, and labour law on the other, can never operate in isolation in any legal system. A legal system generally forms an organic whole. For this reason we have commenced each of our chapters with an examination of the general principles of equity that apply in a particular legal system, not only in labour law, but in law generally. This we followed up by a brief outline of the general labour law principles applicable in that legal system, and finally, an integrative consideration of the equitable principles underlying the labour law of such a system. Only in this way could we do justice to the subject of investigation and the title to this work. The reference systems used in this work are those of the Journal for Contemporary Romen Dutch Law and the Journal /ForJuridical Science for the footnotes and the bibliography respectively. 6 CHAPTER II ROMAN LAW 2.1. EQUITY AND LAW IN GENERAL Roman jurisprudence was not only thoroughly acquainted with the concept of equltv," but regarded it as an indispensible part of law." Cicero? made it clear that when equity is ignored, the very principle of legality is threatened." Equity, far from being a breeding ground for rash, ill-considered arbitrary action alien to law, is in fact the very bedrock of the principle of legality, and any contravention of equity is a violation of this prlnctple.? Equity and law as concepts may not be co-extensive, but are without a doubt integrated and inextricably interwoven. Equity is not immanent to law, but inherent to it. So is what is good and equitable-the so-called bonum et 5 Referred to in the sources as aequitas. On the etymological derivation of the word, see Mcgregor, "Aequitas-Billijkheid-Rede" 1938 2 THRHR 1. The concept of equity was used by the Romans in a number of senses and with quite a few nuances, such as fairness, goodness, benigness, reasonableness,

This Special Issue of the Global Labour Journal comprises four peer-reviewed articles focusing on different aspects of the work of African trade unions in the context of changes in labour policies and practices, driven partly by neo-liberal ideologies, which have been affecting workers across the continent since the late 1970s. It further includes an interview piece with five African trade unionists on gender issues. Neo-liberal policies have increasingly been embedded in Africa, making the continent more open to international capital and market-driven export-oriented economic policies (Poku and Whitman, 2018). There have been many debates over the exact nature of neoliberalism. The analyses in this Special Issue draw on Harrison's (2019: 277) definition of the concept: "a universal social project pursued in the name of free markets, and authoritarianism". The idea for the Special Issue derives from two sources. The first was a conference in 2017 organised by the African Studies Center at the University of Porto (CEAUP) on "Trade Unions and Labour in Africa". Second, there was a panel at the European Conference on African Studies (ECAS), which took place in Edinburgh in 2019, entitled "Innovation or Irrelevance? An Analysis of New Strategies being used by African Trade Unions to Defend the Interests of Labour". African trade unionists and researchers from a number of countries presented at the conferences with two key points arising from subsequent discussions. First, reports of the death of African trade unions have been greatly exaggerated. Despite attempts by multinational companies, multilateral development agencies such as the World Bank, national governments and some researchers to marginalise their work and portray them as obsolete, trade unions in numerous countries and settings across the continent are continuing to play an active and influential role in defending the interests of workers. As Van der Walt (2019) points out, though they remain contested politically and have bureaucratic tendencies, trade unions are generally progressive movements. Second, sources of data on, and analysis of, the work of African trade unions are scattered and not widely known by officials and members of labour organisations. There were two main outcomes from the discussions at the conferences. First, coordinated by Professor Maciel Santos at CEAUP, an initiative was started to create an online African Labour Observatory. The objective is to provide a simple, practical and well-publicised web platform to which trade unions and scholars continent-wide can upload materials and obtain quick access to data, news and publications on African labour issues. It is also envisaged that outlines of successful policies and practices by federations and/or individual unions can be uploaded to the platform, as guides for other organisations to draw on, thus enhancing solidarity. Second, a number of participants at the conferences developed their presentations into full research papers, highlighting various elements of trade union work in Africa. Other analysts researching the work of African trade unions joined the team later, resulting in the production of a number of articles, four of which are being published in this Special Issue. The articles have different areas of focus to show the difficult circumstances in which African trade unions work.

Abstract: The President and Premiers in South Africa appoint and dismiss Senior Members of the Executive on a national and provincial level such as Ministers, Deputy Ministers and Members of Executive. This is a constitutional prerogative that the President and Premiers hold. Therefore the Senior Members of the Executive are vulnerable in a sense that they could be without a job tomorrow as it is the President’s and Premiers’ prerogative to appoint and dismiss them as they deem fit. Therefore typically these Senior Members of the Executive do not necessarily enjoy any protection against unfair dismissals in the Labour Relations Act 66 of 1995. The President and Premiers’ decisions in this regard are an executive and constitutional function and therefore these decisions are not subject to judicial review under the Promotion of Administration Justice Act 3 of 2000. However at common law we have the doctrine of legality, which implies that executive decisions must be rational, otherwis...

The Supreme Court ruling of 17 of July 2015 has culminated in over 30 000 new cases of unemployment in Zimbabwe as at the end of September 2015. This has since created poor and irreconcilable labour relations in the country particularly among employers and employees. Loss of employment has affected the livelihoods of those dismissed and their families. This has created uncertainty for the future of those currently employed including even the usually reserved and ‘stable’ public sector. Since then, the industrial and labour relations in Zimbabwe have been at their lowest ebb, with a lot of court battles being the order of the day but with no solution in sight at the moment. The ruling was based on common law which empowered employers to terminate one’s contract of employment by giving three months notice without need to justify. The study suggests that a holistic approach to such sensitive labour issues is critical. There should be input of all key stakeholders first through the Trip...

The purpose of this study is to provide an overview of institutional development of employee participation in Europe and analyze European Works Councils (EWC) agreements in the pharmaceutical industry. Mergers and acquisitions in the pharmaceutical industry increased the number of EWC agreements. There are now 30 multinational pharmaceutical companies with an active EWC. The first part of the study explores the legal aspects of European Works Councils and the European institutional and regulatory framework for employee participation. The second part of the study analyzes the characteristics and scope of EWC agreements using 5 case studies from the pharmaceutical sector. The source used to identify the EWC agreements is the European Trade Union Institute database and the research method used is legal analysis of constitutional framework and qualitative analysis of the agreements. The EWC agreements in the pharmaceutical sector provide the opportunity for management and employees for information and consultation on transnational issues concerning the company structure, the economic and financial situation of the company, the status and trend of employment and substantial changes concerning the company. Although EWC directives provide the framework for information and consultation on transnational level the constant changes in the structures of pharmaceutical companies and the increasing rates of mergers and acquisitions in the pharmaceutical sector make it difficult for EWC's to effectively participate in decision-making and influence managerial decisions.

Employee participation is a broad notion that encompasses sets of practices that enable employees to participate in the decision-making process on issues affecting them leading to a committed workforce. According to the 2009/38/EC Directive, a European Workers’ Council (EWC) is established in all undertakings and all community-scale groups of undertakings for the purpose of informing and consulting employees. This study investigates the impact of employee participation on employees and organizations and more specifically the potential benefits and the added value of participation for employees and organizations, the potential costs and threats of employee participation and the added value of EWCs in multinational subsidiaries in the pharmaceutical industry in Greece. The data gathering was carried out through in-depth semi-structured interviews with management, HR executives, trade union representatives and EWC representatives using a semi-structured questionnaire based on the state-of-the-art literature review. Organizations participating in the study are subsidiaries of multinational companies with an active European Works Council in the pharmaceutical industry in Greece. Findings suggest that there are potential benefits of employee participation practices for the employees and added value for the pharmaceutical companies and provide a useful perspective for managers and researchers in the field of labor relations and human resource management.

The Trade Competitiveness Briefing Paper series provides evaluative and strategic research on new and emerging trade issues of relevance to the Commonwealth member countries. The series focuses on the practicalities of addressing these new issues as well as long existing (but still very current) policy challenges in a time-bound, targeted and effective manner; taking into account both opportunities and challenges that emerge due to changes in global trade landscape. The views expressed here are those of the author(s) and do not necessarily represent those of the Commonwealth Secretariat.

Constitutional right to fair labour practices; historical development; common law's influence on development; common law's continued importance on * Lecturer, Department of Mercantile Law, Faculty of Law, University of the Free State. Parts of this article are based on sections (especially from ch 2) of the author's LLM dissertation A Critical Analysis of the Right to Fair Labour Practices (University of the Free State, 2013). The author would like to thank Prof JV du Plessis for his valuable comments and guidance as the supervisor of this study. A special word of thanks to Ms Hesma van Tonder (UFS), Ms Lydia Creamer (Johannesburg Bar) and Mr Tom Schuman (Parliamentary Library) in assisting my acquisition of necessary materials.

of Eurofound and Áron Kiss of the European Commission for valuable comments and input. Thank you also to participants to the Progressive Alliance of Socialists and Democrats (S&D) EMPL Workshop: Decent minimum wages across Europe (5 February 2020, Brussels) and to participants in the EZA conference on 'European Social Deal-Where do we stand today?': your questions and comments have shaped the contents of this report further.

The transport infrastructure and state-owned enterprises (SOEs) have a significant effect on competitiveness of transport industry, and indirectly determine the business environment in related sectors. In Latvia, all transport related state strategies and policies are developed, controlled and overviewed by the Ministry of Transport. Eleven companies are engaged in commercial/non-commercial activities, and evaluated whether the liberalization of certain activities would provide efficiency among SOEs in the transport industry of Latvia, given the sectoral weight and share of State involvement and control of the industry. There is limited and contradictory debate to what extent the Latvian state should involve in business activities of transport industry, and how to balance the multiple interests and targets of business, society and politics. The present research is based on the scientific papers, official documents of the World Bank and OECD (Organisation of Economic Cooperation and Development), company websites and annual reports.

The transport infrastructure and state-owned enterprises (SOEs) have a significant effect on competitiveness of transport industry, and indirectly determine the business environment in related sectors. In Latvia, all transport related state strategies and policies are developed, controlled and overviewed by the Ministry of Transport. Eleven companies are engaged in commercial/non-commercial activities, and evaluated whether the liberalization of certain activities would provide efficiency among SOEs in the transport industry of Latvia, given the sectoral weight and share of State involvement and control of the industry. There is limited and contradictory debate to what extent the Latvian state should involve in business activities of transport industry, and how to balance the multiple interests and targets of business, society and politics. The present research is based on the scientific papers, official documents of the World Bank and OECD (Organisation of Economic Cooperation and ...

Barito Kuala District has developedpalm oil plantation sector in wetlands areawhich gradually changed the pattern of its community life. Previously, most of the peoplewere sharecroppers with the land as their main commodities, then they become the laborbecause the companies employ people especially from the local community.This researchis an empirical legal study to obtain primary data and literature study to obtain secondarydata. Its population is the palm oil plantations in Barito Kuala District and the sample ispalm oil plantations in wetlands, which employ workers. In relation to the employment, thereare sometimes disagreements among the parties which can be caused by a variety of factors.The settlement of the industrial disputes is through stages of the bipartite; the mediation(tripartite); conciliation; arbitration; and the Industrial Relations Court. Industrial RelationsCourt is the last effort for the disputing parties in industrial relations that can not be resolvedthrough ...