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In the Commonwealth
Caribbean, including Jamaica labour laws in industrial
relations have relied heavily on legislative initiatives. These laws generally covered:
·
Trade union
recognition
·
Establishment
of collective bargaining apparatus
·
Encourage good
industrial relations practices
·
Mechanism for
statutory arbitration
Labour laws in Jamaica
may be divided into three broad categories:
a)
Employment law
b)
Industrial relations law
c)
Industrial safety law
Employment
Law is based largely upon common law concept of the contract of employment. The
Employment (Termination and Redundancy) Payments Act (ETRP) 1974 (Jamaica) covers the separation
payment whenever an employee is being made redundant or terminated.
In Britain employment
protection rights, includes sex and race discrimination, unfair dismissal, etc.
Industrial
relations law is characterized by the principle of
voluntarism. The Trade Union Act,
1919 (amended 1938), Labour Relations & Industrial Disputes Act (LRIDA),1975 provides
legislative framework for recognition, industrial dispute resolution and statutory
arbitration.
Industrial
Safety Law comprise of the Factories Act, 1943. Under section 12 of this act includes
provision. Therefore, the Building Operations and Works of Engineering Construction Regulations
of 1968 as well as the Docks (Safety, Health and Welfare) Regulations of 1968 provide the
framework for these laws.
In Jamaica there are no
comprehensive industrial safety laws in place. However, in Britain the Health and Safety at Work
Act, 1974 provides a guideline for health and safety act. Jamaica is however drafting
legislations for a comprehensive Health & Safety Act.
Labour laws are enacted
with three purposes:
Protective Legislations,
Auxiliary Legislations and Restrictive Legislations.
Protective
Legislations
Primary purpose to
protect the workers against unfair treatment, examples;
· Minimum Wage Act
· Factory Act (Occupational
Safety and Health Act)
· Equal Pay (for Men and
Women) Act
· Maternity Leave
Act
· Employment (Termination and
Redundancy) Payments Act
Auxiliary
Legislations
Auxiliary legislation is
intended to support the establishment of collective bargaining.
Laws that serve to
advance the practice collective bargaining are;
· Trade Union Act
(1919) is the piece of Jamaican
labour legislation solely devoted to the entrenchment of a trade union movement.
· Labour Relations and
Industrial Disputes Act (LRIDA)
The LRIDA Act
provides for:
Registration of
Trade Unions: Within 30 days of its formation, the union must apply to the registrar of
trade unions for registration. Penalties are prescribed for failure to comply with this
requirement and for continued membership in the unregistered union.
Membership:
For people over 16 except that persons between 16 and 18 cannot hold offices such as Treasurer,
Trustee or Committee Member.
Filing of
Statements: Treasurer on or before Aug. 1 each year file audited statements providing
information on revenues and expenditure as well as assets.
Peaceful
Picketing: Persons acting on behalf of a union may, “in contemplation or furtherance of
a trade dispute” may picket the employers’ premises peacefully. But they may not intimidate or
to block entry or exit or to breach the peace.
Prohibition of
Certain Practices: use of violence or intimidation, following people from place to
place, hide tools, etc.
Restrictive
Legislation
Restrictive legislation
is directed primarily at trade union and is intended to limit the scope of their activity,
particularly as it relates to the disruptive impact of industrial action,
example LRIDA.
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