Category: Labor Union

Introduction

If any union is going to increase the labor, they must have an inelastic demand. According to the book, labor problems in American Industry by Carroll R Daughtry, “Inelastic means when people buy about the same amount whether the price drops or rises, likewise they don’t buy much even if the price drops” (Daugherty, 1941). People should keep a high demand for the product the union is producing to be able to raise the wages of workers. If the power of substitutes is not taken the power of the union all together can fold and make the union weak.

Even if it makes the union weak the union cares about the well beings of its workers. According to Epi.org “Everyone who has at one point felt unheard or powerless as an employee. Joining a union simply means that you negotiate important elements of employment and conditions together… that could mean securing wage increases” (Bivens, et al., 2017). Which could intentionally lead to the raising of the union labor workers.

Unions have 2 different types of labor unions and four different levels of union forces. These two different types of union labor forces area craft union and industrial union. There are two different types because the industrial union is working multiple jobs, but the craft is entirely to one industry. Using these unions and having them work together, many help them raise the wages of workers using the monopoly method that Carroll Daughtry suggests these monopolies can help improve communications between the labor unions and reduce transaction costs.

Labor may be a Blue- & White-collar worker, Professional People (lawyers, doctors, dentists, teachers), Small business owners (barbers, plumbers, retailers). They provide labor as the run their own business. They substantially affect the pay and work lives of both unionized and non-unionized specialists. Wage disparity since they raise compensation more for low-and center wage specialists than for higher-wage laborers, more for industrial than for desk specialists, and more for specialists who don’t have an advanced education. The effect of union on aggregate nonunion wages is nearly as vast as the effect on aggregate association compensation. Unionized specialists get better annuity designs. In addition to the fact that they will probably have an ensured advantage in retirement, yet their bosses additionally contribute 28% more toward benefits. They assume an essential job both in anchoring enacted work securities and rights, for example, wellbeing and wellbeing, additional time, and family/restorative leave and in implementing those rights at work. Since unionized laborers are more educated, they will probably profit by social protection projects, for example, joblessness protection and specialists’ remuneration. Associations are in this way a delegate foundation that gives a vital supplement to enacted advantages and insurances. Unionized workers are more likely than their nonunionized counterparts to receive paid leave, are approximately 18% to 28% more likely to have employer-provided health insurance and are 23% to 54% more likely to be in employer-provided pension plans. (Walters & Mishel, 2003). They likewise pay 18% lower medicinal services deductibles and a little offer of the expenses for family inclusion. In retirement, unionized laborers are 24% more prone to be secured by medical coverage paid for by their boss.

There are a few different ways that unionization’s effect on wages goes past the specialists secured by aggregate bartering to influence nonunion wages and work rehearses. For instance, in businesses and occupations where a solid center of work environments is unionized, nonunion managers will as often as possible meet association measures or, in any event, enhance their remuneration and work rehearse past what they would have given if there were no association nearness. This dynamic is called the ‘Union Threat Effect,’ how much nonunion laborers get paid more because their managers are attempting to prevent unionization. Union density is not likely to produce any threat effect until some threshold level of unionization is reached, as much as 30% to 40%. That is, unionization of 20% in a industry may have no impact but 40% unionization may be sufficient to make employers aware of union organizing and union pay and practices. (Walters & Mishel, 2003). Union members on avg. make 15 % more than no-union workers. Productivity of U.S. Labor has increased over the long run- causing the demand for labor to increase faster than increases in the labor supply. More will be supplied at higher wages because the wage must cover the opportunity costs of alternative uses of time spent either in other labor markets or in household activities or leisure. Unions will try to increase the demand for their products through advertising and through political. Unions will increase productivity through training and joint labor-management committees designed to increase labor productivity.

Numerous unions have won higher wages and better working conditions for their individuals. In doing as such, be that as it may, they have decreased the number of employment accessible in unionized organizations. That second impact happens considering the fundamental law of interest: if associations effectively raise the cost of work, bosses will buy less of it. In this way, they are a noteworthy anticompetitive power in labor markets. Their additions come to the detriment of shoppers, nonunion specialists, the jobless, citizens, and proprietors of companies. They capacity to settle high costs for their individuals’ work lays on legitimate benefits and susceptibilities that they get from government, both by rule and by nonenforcement of different laws. The reason for these lawful benefits is to confine others from working for lower compensation. Once the government ratifies a union’s position as representing a group of workers, it represents them exclusively, whether employees want collective representation. In 2002, unions represented about 1.7 million waged and salaried employees who were not union members. (Reynolds, 2018). Full-time nonunion laborers had a normal week by week profit of $587, 21 percent lower than the $740 earned by union individuals. The wage advantage appreciated by union individuals results from two elements. In the first place, restraining infrastructure associations raise compensation above focused levels. Second, nonunion wages fall since laborers evaluated out of employment by high union compensation move into the nonunion area and offer down wages there. Along these lines, a portion of the additions to the union individuals come to the detriment of the individuals who must move to bring down paying or less alluring occupations or go jobless.

While creating merchandise and ventures, organizations require work and capital as contributions to their generation procedure. The interest in work is a financial aspects standard got from the interest for a union yield. That is, if the interest for a company’s yield expands, the firm will request more work, in this way employing more staff. What’s more, if the interest in the union yield of merchandise and ventures diminishes, thus, it will require less work and its interest in work will fall, and less staff will be held. Work advertise factors drive the free market activity for work. Those looking for business will supply their work in return for wages. Organizations requesting work from specialists will pay for their time and aptitudes. A strong demand for products creates a demand for the labor to produce them. When the wage rate is high, employers limit the number of employees they hire. Workers who improve their skills can improve the demand for their services, since they are more productive to their employers. (Metcalf, 2018). They regularly consult to raise their compensation scale or to restrain the span of their participation. A union made from individuals in a specific exchange can limit the supply of work by necessitating that businesses enlist just union laborers. With a constrained supply of specialists, the outcome is higher wages. A comprehensive union sorts out every single accessible laborer and after that participates in aggregate anticipating higher wages. Higher wages decrease the interest in specialists being employed.

Consequently, if a union raises it wages then it would cause the economy interest to increase but also the product of the company that they are selling. For example, “If a union raises wages in its industry above the competitive level, as usually is the case, one would expect some productivity consequences. The higher wage lever should enable employers to recruit and retain higher-quality workers. It also should give employers a stronger incentive to substitute capital for labor, and an increase in the capital-labor ration usually raises output per man-hour.” (Reynolds, 1982)

Wages of union workers are much higher than wages of nonunion workers. Brent Radcliffe at Investopedia states this “According to a 2013 study, by the Bureau of Labor Statistics, ‘Salaries for private industry union workers averaged $18.36 per hour while those for nonunion private industry workers averaged $14.81 per hour.’ As well, the study found that union workers have more access to employee benefits than nonunion workers.” (Radcliffe, n.d.). That is a substantial difference. Union members make on average over $3.50 more an hour than nonunion members. Having higher wages will keep spending higher along with the motivation of the workers.

The Negative Impact of Unions

Unions have negative impacts in the fact that the people who speak for the union, known as representatives, can be hard negotiators, and may ask things that are completely reasonable. Union leaders usually lack business knowledge and do not understand the financials, the trends, etc. as much as they should. Michele Masterfano, a Clinical Associate Professor at Drexel University states “Too often, unions continue to ask for things that really are impossible” (Masterfano, 2013).

Unions are also controlling in the fact they leave very little other options for businesses if they decide to go on strike. As stated by John R. Lott Jr., an economist, published author, and columnist for Fox News, says that “Unions are harmful because they act as monopolies. If the union members won’t work, the law makes it extremely difficult for anyone else to step in and do their jobs. As a result, union workers have little competition — so they can demand higher wages and do less work.” (Lott, 2011). This negatively impacts businesses as it can lead to lower productivity and smaller profit margins.

Another issue with unions is that they hold back potential employees for jobs, even if they would have the qualifications. An unnamed writer for Bizfluent states “By restricting the number of eligible workers in an industry, unions essentially decrease the labor supply, shifting the labor supply curve upward. As a result, the existence of unions increases the average wage above the level that would naturally occur in the market” (Writer, 2017).

One fallback of unions is that they lack some crucial knowledge that could be detrimental to their negotiations, such as basic business knowledge and what is attainable. Michele Masterfano states in an article that “Union leaders negotiate hard, and they should…. But union leaders also need to understand business more — the financials, the trends, how to evaluate the viability of a business or state/city/municipality they work for” (Masterfano, 2013). With more knowledge and understanding the employers might have a harder time denying what they are asking if the union negotiators are being tough, as well as knowledgeable.

In Conclusion

Within a union we have multiple positions and multiple jobs that can make up a union. They lead to many different positions for many workers. Many workers who are in the field of rather social work, industrial, and or just the labor force has the higher risk of joining a union.

The only problem with labor forces is that they increase the amount of interest and create bigger interest problems. This can cause our economy to get in a downfall. They also aren’t a good thing especially when it comes to the workers not getting what they want half of the time. But the unions try everything in their power to keep the workers happy. Another thing is they can’t raise the wages of workers because the demand to help the company would have to be inelastic.

The demand would have to be inelastic which means the union would have to sell something that help with the company and would also help with themselves after the product was made and built. This will help with the wages of workers and the demand for the company.

Works Cited

1. Bivens, J., Engdahl, L., Gould, E., Kroeger, T., McNicholas, C., Mishel, L., . . . Zipperer, B. (2017, August 24). How Today’s Unions Help Working People. Retrieved from Economic Policy Institute: https://www.epi.org/publication/how-todays-unions-help-working-people-giving-workers-the-power-to-improve-their-jobs-and-unrig-the-economy/
2. Daugherty, C. R. (1941). Labor Problems in American Indusry. Cambridge: The Riverside Press.
3. Lott, J. (2011, March 17). Why Unions Are Harmful to Workers. Retrieved from Fox News: https://www.foxnews.com/opinion/why-unions-are-harmful-to-workers
4. Masterfano, M. (2013, November 17). Unions: The Good, the Bad, the Ugly. Retrieved 2018, from HUFFPOST: https://www.huffingtonpost.com/michele-masterfano/unions-the-good-the-bad-t_b_3880878.html
5. Metcalf, T. (2018, November 14). smallbusiness.chron.com. Retrieved from How Do the Laws of Supply & Demand Affect the Labor Market?: https://smallbusiness.chron.com/laws-supply-demand-affect-labor-market-58242.html
6. Radcliffe, B. (n.d.). Unions: Do They Help or Hurt Workers? Retrieved November 12, 2018, from investopedia.com: https://www.investopedia.com/articles/economics/09/unions-workers.asp
7. Reynolds, L. G. (1982). Labor Economics and Labor Relations. Englewood Cliffs: Prentice Hall.
8. Reynolds, M. O. (2018, November 14). www.econlib.org. Retrieved from Labor Unions: https://www.econlib.org/library/Enc/LaborUnions.html
9. Walters, M., & Mishel, L. (2003, August 26). www.epi.org. Retrieved from How unions help all workers: https://www.epi.org/publication/briefingpapers_bp143/
10. Writer, C. (2017, September 26). Bad Effects of Labor Unions. Retrieved from Bizfluent: https://bizfluent.com/list-5882422-bad-effects-labor-unions.html

I will be looking at whether union organised workplaces are far more efficient than that of a workplace without. There is certainly scope to this question. For instance, whilst many companies and business do have a working union actively helping to keeping workplaces safe and to the law, there are plenty that will bend and not abide by the rules. The effects of this would not just damage the company alone but essentially the worker or workforce, being put into dangerous situations from ill health to long-term sickness and in the worst-case situation, death.

Just having a general browse on the internet, there are many cases to be found which highlight issues ranging from small claims due to minor injuries caused by for instance broken fingers trapped in fridge doors to major which has actually resulted in a death or many deaths.

By examining some of the evidence we can start to work on the theory that there may be some truth to the question. looking at the 2015 ‘Smiler’ crash at Alton Towers, this alone is clear evidence of company mishandlings, including a huge breech in health and safety regulations and mis-management as well as failing to train staff and engineers . This just goes to show the consequences of what can happen if you allow the high management the freedom of cutting corners and very probably for a small profit. Does this mean that the company (Merlin Entertainments) had full control with a small union or no union input, or did they go it alone and just not think of the consequences which eventually came to be?

According to the Trade Union Congress (TUC) ‘The Union Effect’, ‘In 1995 a group of researchers analysed the relationship between worker representation and industrial injuries in British Manufacturing. It found that those employers who had trade union health and safety committees had half the injury rate of those employers who managed safety without unions or joint arrangements.

In 2007 the same authors once again found lower injury rates in workplaces with trade union representation. The effects were deemed to be significant, by contrast the effect of management alone deciding on health and safety was not significant.

This research would suggest, that yes, a union organised workplace is more efficient than those that have management alone. But does that reasoning to which it is the management with a strong union representation reap the rewards?.

It is considered to a company that does not recognise a union, say in this instance ‘Amazon’, that unions will hold the company back from wanting to make profits, reduce productivity with red tape and dictating the way in which the employer will pay its workforce. This in turn applies to Health and safety issues. The more a company has to obey and apply, the more it sees its profits dwindle. The options are to just get away with as little changes as possible, have the basic health and safety it deems necessary, have as much influence it can on the workforce and make the greatest profit margin. It is also important to stress that Amazon’s clear objectives are known with headlines from the likes of ‘The Guardian’ and ‘The Coventry Telegraph’ quoting on issues like ‘Amazon ordered to explain how 600 staff were injured at work’. and as well as ‘Union stages final protest over ‘horrific’ Amazon work practices’. This shows an obvious link with a clear intent what workers are dealing with within the workplace. It’s a typical method of how a large organisation not working with a union compromises its workforce and disregards health and safety issues.

This Would in turn lead to more ill health and injuries in the workplace. A case study on www.staysafeapp.com reported ;- ‘Earlier this year a Diamond Box maintenance employee was injured when he was pulled into machinery during a repair. An investigation into the evidence found that the packaging company allowed uncontrolled maintenance work to take place without a risk assessment, and no procedures in place for safe maintenance. The investigation by HSE found that the machine had a ‘jog mode’ which could have been set up to allow maintenance work to be carried out safely but the company had not identified this, trained staff to use it or enforced it’s use. The business was fined £400,000 with £9886.04 of costs. The lack of safe systems being implemented or communicated to their employees meant that Diamond Box put their employees at risk and allowed a dangerous and entirely avoidable accident to occur’.

On the Health and Safety Executive (HSE) website ( http://www.hse.gov.uk) there are examples of incompetent handlings from employers which have resulted in large injuries, and even death due to taking matters into their own hands. One example being – ‘A kitchen worker slipped and fell, resulting in fractures to her skull, meaning they are unlikely to work again. The employer was prosecuted and ordered to pay over £36,000 including prosecution costs. During the hearing, the District Judge stated. “This was a very serious accident, one which was wholly preventable. Every employer has a duty under law to protect its employees from physical harm, something that [the company] blatantly failed to do. There had been four similar accidents in the kitchen during the previous 12 months, yet they still failed to act.”

So, as you can see the evidence is certainly mounting up against the un-unionised employer with an ‘unwanted union’ in a workplace, the ‘busybody’ of the workplace and the in some management theories, the ‘parasite’ of the employer. It certainly seems the ‘Bad Ol Union’ shouldn’t interfere with important matters at hand like profit, low pay, no breaks and the ‘least important’ health and safety matters. As long as the work is done and with little expense then they will continue down that path. The consequences will no doubt be in the long run, a catastrophe to the employer, and more importantly to the workforce.

If no Health and Safety Representatives were on guard to help tighten control and well-being within the work place the damage or injuries could seriously mount up. This in turn would cause the employee to have issues arising from: – Workplace stress, Mental health issues, Minor injuries, long term sickness, And even death.

To put a further point across, the non-unionised employer’s headaches would mount up even more if serious breaches on Health and safety were met by the long arm of the law. The ‘Poor’ employer and higher management would certainly be in lines of a hefty fine for failing to comply with essential legislation, a criminal record and even a prison sentence.

So, is it really worth the aggravation just to make a profit you could loose and even endanger lives? I personally think not.

Looking on from the downfalls there are certainly great areas which can help improve and even enhance the workplace as a whole. Referencing back to the TUC ‘The Union effect, section 4, the TUC noted the following in their findings: – ‘We also know that union involvement makes a real difference in the workplace. There have been a wide range of case studies that have shown the benefits of union involvement in health and safety. Here are just a couple examples:

After a critical HSE inspection at Bristol City Council Parking services in 2008 the employers and management developed a plan which included giving full-time release to one of the safety representatives, reviewing risk assessments, better training, and new communication equipment. The fall in sickness absence, reduction in incidents of violence against staff and increase staff moral are estimated to have save the employer over £36,000 in the first year alone..

Following three prosecutions, Heinz, the food company, reorganised their safety management system and involved safety representatives in all aspects of risk assessment and accident investigation. Reportable accidents have decreased by over 50%

Within Tesco, union safety representatives raised an issue of the width of one type of checkout which was causing health problems. In new stores a totally new type of checkout is used which was designed with union involvement from scratch and which helps to greatly reduce injuries among checkout staff.

So, what can we conclude to the main question? Having union representation opens up whole new perspectives to help management and the workforce deal with unnecessary and unwanted issues. Having a union presence also means that management are always challenged and kept to the legislation and acts of parliament, of which they must conform to.

A union health and safety representative will certainly have gained the knowledge and skills through educational training, the backing from senior union representatives, and the backing also by the law itself. On top of that, the workforce will certainly back a union, who’s focus will be for the welfare and well-being of every member it represents to a high standard.

My final conclusion is that unions do make a huge difference to the reduction of injuries and ill health in the workplace, they can change a culture within an organisation to make a better productive and efficient environment for not just the workforce but for management as well.

References

1. https://www.coventrytelegraph.net/
2. www.hse.gov.uk
3. www.theguardian.com/uk
4. www.staysafeapp.com
5. https://www.tuc.org.uk/

Associations were at one time a focal power in the US economy. Their unfaltering decay may have affected disparity. In 2018, only 10.5% of American specialists were individuals from associations, as indicated by as of late discharged information from the Bureau of Labor Statistics. The drawbacks of associations, from a monetary point of view, are that they make it harder for organizations to develop and employ more laborers. The decrease of associations might be one reason that the US presently has both a blasting activity market and rising imbalance. Indeed, there are huge amounts of employments accessible; however a considerable lot of the low-gifted ones don’t pay well overall.

There are numerous benefits and simultaneously bad marks of trade guild. A portion of this advantages are: trade guilds advance higher wages, worker’s guilds help laborers show signs of improvement benefits, worker’s guilds help families get better advantages, worker’s guilds give better access to a supported retirement and labor associations supplier specialist insurances among many. The fundamental shortcoming are : Labor associations can limit laborer training and experience, Labor associations require continuous contribution and may require inception expenses, Labor associations may take an interest in exercises that laborers differ upon, Labor associations debilitate singularity and Labor associations extend employment opportunity knocking courses of action.

At the beginning of the twentieth century, substantial industry and enormous business were in their outset and a lot of human work was required so as to encourage the mushrooming Industrial Revolution. This immediately prompted across the board maltreatment of laborers, including youngsters, who were regularly relegated to sweatshops where they had to drudge for a few hours per day. In any case, laborers in the end joined to frame trade guilds that faced the huge organizations and arranged better pay and working conditions for many representatives and furthermore requested the death of kid work laws. The viability of worker’s guilds anyway has consistently been a wellspring of discussion. Obviously trade guilds were made to help their individuals. The association speaks to the laborers to the businesses and consults for their benefit to verify better wages and working conditions.

Associations additionally run the biggest non-military occupation preparing administration in the nation and regularly band together with associations, for example, the United Way to perform different network administrations. Research that tracks the wages of unionized versus non-unionized representatives shows that the wages of association laborers surpass that of non-association workers by around 8 to 12%. An extending collection of research shows exactly what this misfortune has implied: the development of monetary and political disparity slowed down advancement on racial reconciliation and the expulsion of a set up pathway for settler populaces to acclimatize monetarily.

There are a few significant patterns that have contributed and are adding to the proceeded with decrease in worker’s guild participation, and these patterns keep on developing in quality. Above all else global challenge and deregulation in customarily unionized businesses. Besides, Changes in the American economy and workforce socioeconomics. Among numerous different reasons there is the issue of Federal business law displacing conventional association jobs over the previous a very long while, Congress has passed various new laws and commands intended to battle work separation. Every single specialist has a privilege for democratic in another association in the event that they see that the one that is there isn’t helping them. Most endorsers join as a state of business. At any rate, associations ought to routinely represent re-appointment. Far and away superior, Congress and state governing bodies ought to enable specialists to pick whether they need association portrayal, and assuming this is the case, who speaks to them—unionized or not. This would enable laborers to arrange terms that speak to their needs as opposed to being constrained into an agreement.

Reference

1. Arvidsson, A. (2019). Capitalism and the Commons. Theory, Culture & Society, 0263276419868838.
2. Crist, E. (2019). Abundant Earth: Toward an Ecological Civilization. University of Chicago Press.
3. Kagan, R. A. (2019). Adversarial legalism: The American way of law. Harvard University Press.
4. Ogilvie, S. (2019). The European guilds: An economic analysis. Princeton University Press.
5. Oldroyd, D., Tyson, T., & Fleischman, R. (2018). Contracting, property rights and liberty: Accountability under the Freedmen’s Bureau’s labour-contract system. Accounting, Auditing & Accountability Journal, 31(6), 1720-1748.
6. Uhiara, D., Shendell, D. G., Borjan, M., Graber, J. M., Koshy, K., & Lumia, M. (2019). Reported injury, hospitalization, and injury fatality rates among New Jersey adolescent workers. Injury epidemiology, 6(1), 37.
7. Wade, R. H. (2017). The American paradox: ideology of free markets and the hidden practice of directional thrust. Cambridge Journal of Economics, 41(3), 859-880.

Labours with the same or similar collective interests are united and workers’ rights are also protected by the labour union. Labour unions are formed globally, covering some countries around the world, such as China, Chile and Belgium. The National Education Association (NEA) is the largest labour union in the United States, with 3 million members. The benefits and drawbacks of the labour union emergence have been already assessed by experts for several years. It attracted social attention and became a hot issue. In this article, the advantages related to labour rights will be discussed first, followed by gender democracy. On the other hand, the disadvantages of economic growth and unemployment will be discussed finally.

A platform is offered for employees to combat inequitable treatment in the workplace and reasonable treatment is achieved through protesting and negotiating with the enterprise. Since the concept of labour rights prevails, the labour union has potentially helped to empower employees and raise social awareness of labour participatory rights (Braun & Gearhart, 2004). Hence, it has drawn government attention to legislation on labour rights. Labour unions not only raise employees’ concerns about the health and safety of the workplace but also satisfy workers’ desire for fair payment. The fruits of progress can be shared equally by all workers and the dignity of employees is maintained. By implementing different policies, labour unions have significantly protected the employees’ rights.

In addition, the labour unions help workers to overcome gender barrier and achieve gender democracy and equity in the workplace. Labour unions helped to rectify gender inequity and the problem of women underrepresented in the position of leadership (Amini et al., 2010). It revealed that women labours are tackling the problem of inequitable treatment such as receiving low salaries compared to man and lack of employment opportunities. Labour unions also consist of female members who intend to take an important role at work. Opportunities are offered to both sexes equally and attract talented workers. Labour unions are essential for pursuing gender liberalization in the workplace.

However, prolonged protesting activities organized by labour unions especially going on strike adversely influence economic growth that lower the productivity of the firm. The study on labour unions demonstrated that both international and private firm have obvious adverse effects on productivity (Yang & Tsou, 2018). Participating in protesting events are criticized for wasting numerous time and effort. Due to the low labour productivity, the profits of enterprises have been decreased, which negatively impact the economic growth. Moreover, international corporation are reluctant to invest where labours are always on strike causing business and economic activities lagging behind. The drawback brought by labour union is huge and influence economic growth.

Finally, Labour unions cause unemployment potentially as the more benefits labours pursued, the higher production cost the firm needs to reduce hiring labours. The linkage between unemployment and income inequality is demonstrated due to the intensive labour negotiation. As unions established, the decline of employed workers is facilitated, but each employee has to provide longer working time (Chang & Hung, 2016). Excessive collective bargaining may lead to firms primarily agreeing with workers. Cheap workers could be hired previously due to weak labour rights awareness. Labour’s wages are usually disproportionate to their overwork. As labour contracts have improved, strategies to reduce workers’ salaries costs have become drastic redundancies. As a result, unionization worsens the situation of unemployment.

To conclude, labour unions must be established because it represents the collective opinions of workers and empowers them to confront powerful enterprises that balance the interest between workers and enterprises. However, it gives rise to unemployment and adversely influences the economic growth. Apart from the drawbacks, labour unions mostly are beneficial to society. Demand from workers promotes the emergence of labour unions. Provided that the labours’ voice continue to grow loud, the justice and demand of labours will not be ignored. People of different occupations also need to be respected that a harmonious society can be achieved.

INTRODUCTION

The International Labour Organization which is an agency of the United Nations is the only tripartite organization agency of the United Nations. This means that it has a government, employer and worker representatives in order for it to fulfill its objectives efficiently. In order to achieve this standards promoting decent working conditions for all women and men, it aims at promoting rights at work, encouraging decent working conditions, enhancing social protection, strengthening dialogue in handling work related issues. To see to this, it works its 181 member states.

BRIEF HISTORY OF THE ILO

The International Labour Organization was created in 1919 as part of the treaty of Versailles that ended the 1st World War. This treaty stated that the Universal and Lasting peace could be accomplished only if it was based on social Justice.

In 1914, the International Labour Organization adopted the Declaration of Philadelphia that stated that labour is not a commodity and under the principle that “poverty anywhere is poverty everywhere” set up basic economic and human rights.

In order to achieve its objectives, the ILO launched technical assistance programs which provide expertise and assistance to governments, workers and employers worldwide, especially in developing nations.

In 1998, delegates to the International Labour Conference Adopted the Declaration on Fundamental Principles and Rights at Work which are:

• Right to freedom of association and collective bargaining
• Elimination of child labour, forced labour and discrimination linked to employment.

The above rights enable an aggrieved parson to claim freely and equally based on fair share of wealth which they have helped to generate.

APPLICATION OF THE ILO OBJECTIVES IN KENYA

1. DECENT WORK

Work is important especially when it comes to a person’s well-being. This is because alongside enabling a person to earn an income, it strengthens individuals, their families and communities. It also enhances economic and social advancement.

The term decent work here is used to mean work that allows room for personal development (i.e.) productive work, work where there is social integration, work where people are free to express their concerns, enabling workers to organize and participate in the decisions that affect their lives and lastly equality of opportunity and treatment for all women and men. Therefore countries have to factor in these objectives in their development policies.

In Kenya, we had the Decent Work Country Program (DWCP) for Kenya 2013 – 2016 that focused on interventions on the following areas:

• Enhancing social protection through policies and actions that promote social assistance.

In occupational Safety and Health, (OSH) there is scarcity of data in order to characterize the conditions under which workers are engaged. There is low awareness on OSH therefore exposing risk to workers at the work place.

• Promotion of employment creation and employability.

This is in terms of improving access for young women and men to decent and productive employment opportunities.

• Strengthening industrial relations.

This happens by ensuring there is an effective system promoting social dialogue that helps in domestication of ILO standards.

Between the years of 2007 and 20111, the main priority areas of the ILO in support of the National Development Goals were:

• Expansion and strengthening of the principle of inclusion for enhanced influence of tripartite partners in the national and international framework.
• Expansion of social protection and fight against HIV/AIDS at the work place.
• Youth empowerment, employment and elimination of child labour particularly in its worst form.

2. STRENGTHENING SOCIAL DIALOGUE ON WORK RELATED ISSUES

These are relations that are held between labour and management with or without direct government involvement in the matter. When used in the right way, Social Dialogue is a flexible tool that enables government and employers and workers organizations to manage change and achieve economic and social goals. It gives an equal voice to the workers, employers and the government through their governing councils. It ensures that the views of the social partners are closely reflected in ILO Labour Standards.

It helps prevent important economic and social issues, encourage good governance, advance social and industrial peace and stability and boost economic progress.

ELEMENTS OF SOCIAL DIALOGUE

• Independent workers with all the relevant information to engage in social dialogue.
• There has to be commitment from all parties to engage in social dialogue.
• There has to be respect for the fundamental Rights of Freedom of Association and collective bargaining.
• Great and appropriate support from institutions (i.e.) the state has the mandate to create a stable political and civil climate which enables autonomous employers and workers organization to operate freely.

In the decided case of John K Biiy v Seth Panyako & 5 others (2017) EKLR CAUSE NO. 1069 of 2017 .on the month of 5th June 2017 the Kenya National Union of Nurses through the mandate of the General Secretary of the National Governing Council called for a strike without the knowledge of the chairman of the union who is the claimant, called for a national strike of all the nurse. The claimant sought the court in order to for the strike to be declared illegal because 1st he had not been aware of the strike and also because there was a Recognition Agreement signed Between the Union and the County Governments and a CBA awaiting signing further that in the recognition agreement, there was a stipulation that no industrial action could be taken as the parties continued with negotiations.

It was held that the strike of 5th June 2017 was illegal and that the strike on 5th June 2017 was illegal and that it be called off, as it was interfering with the smooth running of the Health Care Services in the Country.

In Kenya, Social Dialogue occurs as in the above case where all the actors such as the workers, employers and government representatives come together and dialogue in order to come up with an amicable solution to a discourse that existed before. Strong labour unions agree to campaign for workers’ rights by way of industry-wide collective bargaining (i.e.) strikes which can occur either at the county level or national level. Through his, the government and employers by all means work hard to ensure that their strike or boycott does not disrupt work. Kenya’s Vision 2030 lays the foundation for social dialogue where one of its key objectives is “raising labour productivity to international levels.”

3. ENHANCING SOCIAL POTECTION

This refers to policies and programs which reduce poverty and diminish vulnerability by promoting efficient labour markets and diminishing a workers exposure to risks. It also improves the workers ability to manage economic and social risks such as unemployment, sickness, disability and old age. Article 43 of the Constitution of Kenya, 2010 which provides for the right for every person the right to social security it also binds the state to provide appropriate social security to persons who cannot otherwise be able to provide for it themselves.

This right to social protection can be threatened where death of a main income earner, where there is no accessibility to healthcare services, where there are high numbers of unemployment and also where work related injuries occur among others .

The ILO has a Social Protection floor which is a set of nationally identified and defined social security guarantees that secure protection and prevent or alleviate poverty, vulnerability and social exclusion .it is important to note that social protection works closely with the Decent Work Country Program (DWCP) .

In Kenya, the social protection policy has three key objectives of social protection which are :

• the provision of assistance,
• the provision of health insurance,
• The provision of social security.

In the decided case of Efil Enterprises Limited V. Dickson Mathambyo Kilonzo (2018) eKLR , Mr. Dickson Kilonzo who had been employed by Efil Enterprises instituted a claim for special damages, general damages, costs and interests. During the course of his duties while he was pushing a wheel barrow full of concrete on a stony path, he was injured on his left arm. He claimed the incident was caused by the negligence and breach of statutory duty on the part of the appellant. This wheelbarrow had been tied against a rope so as to aid in moving against the rocky path. In the process, the rope snapped and he fell injuring his left hand around the wrist. Despite having previously asked for protective gear from his employer, he was not given any by his employer. Neither was he given any training by the employer. Immediately he got healed and returned back to work, he was laid off without being compensated.

In this case, the appellant relied on Section 13 1 (a) of the Occupational Safety and Health Act which provides that every employee shall at the workplace (a) ensure his own safety and health and that of other persons who may be affected by his acts or omissions at the workplace. In claiming this he was actually saying that he was not liable for the injury that occurred to the employee because it was the employee that failed to take caution. The appellant was found liable by the court because he had failed to ensure the environment in which the respondent worked was safe. Therefore, from the above case, we see that the employer in this case had not taken sufficient steps in order to ensure there was a safe system of work at the construction site and hence lead to the injuring of the employee.

4. PROMOTION OF RIGHTS AT WORK

1. Freedom from Discrimination

The ILO has a convention called the Discrimination (Employment and Occupation) Convention, 1958

This convention deals with discrimination in respect of employment and occupation. Article 2 of the Convention establishes that it is the obligation of the member states to pursue a national policy that promotes equality of opportunity and treatment in respect of employment and occupation with a view of eliminating discrimination.

Lots of people suffer from discrimination especially at work. This in essence is a violation of a most basic human right, with great social and economic consequences. Discrimination curtails opportunities and creates social tensions and inequalities. Tackling discrimination is an essential part of promoting decent work .

It is prudent to note that both Article 27 of the Constitution of Kenya 2010 and Section 5 of the Act prohibit discrimination on the basis of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, marital status or HIV status.

Section 5(7) of the Act provides that where an employee alleges that they have been discriminated against, then the burden of proof shifts to the employer to show that it did not take place. The Convention Concerning Discrimination in Respect of Employment and Occupation 1958 ARTICLE 1 defines discrimination as “ any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction, or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment occupation.

In the decided case of Ol Pejeta Ranching Limited V. David Wanjau Muhoro (2017) eKLR in this case, it was held that, taken as a whole, the evidence adduced in the case led to a reasonable conclusion that there was discrimination against the respondent based on race. In this case, the respondent claimed that during his employment he was subjected to unlawful discrimination based on his colour. The respondent alleged that white managers holding similar responsibilities and doing work of similar value or equal value as the respondent were paid disproportionately higher salaries on no justifiable grounds at all. The respondent came to this conclusion by comparing his salary to that of his comparators. The appellant in his defence claimed that the judge should have considered the respondents and the comparators respective qualifications, abilities and competence to determine whether there was a justifiable basis for the differentiation in their terms and conditions of employment.

As is the rule that where an employee alleges discrimination, the burden of proof rests on the employer to prove that in fact there is no discrimination. In the above case, the appellant (employer) failed to tender evidence to the effect showing that indeed white managers held superior academic qualifications as provided for by Section 107 of the Evidence Act which provides that where a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

However, there are instances when discrimination may be considered positive and therefore allowed through affirmative action. This is as provided for under Section 5(4) of the Employment Act as analyzed below.

Employment Act 2007

Section 5

• An employer shall promote equal opportunity on employment and strive to eliminate discrimination in any employment policy or practice.
• No employer shall discriminate directly or indirectly against an employee or prospective employee on grounds of race, colour, sex, language, religion, political or other opinion, nationality or ethnic or social origin, disability, pregnancy, mental status.

It is not discrimination to:

• Take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the work place.
• Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.
• Employ a citizen in accordance with the national employment policy or
• Restrict access to limited categories of employment where it is necessary in the interest of state security

Constitutional Provisions

Article 27 Equality and Freedom from Discrimination states that very person is equal before the law and has the right to equal protection and equal benefit of the law. This is to mean that one enjoys fully their rights and freedoms. In this case, it states that both women and men ought to be treated equally in their places of work and no discrimination is allowed either directly or indirectly. Article 41 Labour Relations provides as well that every person has the right to fair labour practices. The right of workers and employers to form and join organizations of their choice is an important aspect of any democratic nation. It is a basic right that is integral for social and economic progress. This is linked to the right to collective bargaining. Representation of workers is an important part of decent work as it enriches political dialogue. Article 41 2 (c) of the constitution provides for this right to freedom of association

CONCLUSION

In conclusion therefore, it is evident that even with the policies and the various protections available under law for the worker against discrimination; there is still a lot that has to be done in terms of enforcement of these labour policies in order to protect the employee against discrimination here in Kenya because discrimination still exists. The enforcement mechanisms of the ILO standards in Kenya is quite poor as there is still work to be done on a few areas such as elimination of discrimination at the work place

REFERENCES

1. The Constitution of Kenya, 2010

STATUTES

1. The Employment Act ( CAP 226) Revised Edition 2012 (2007)
2. The Occupational Safety and Health Act, 2007
3. The Evidence Act (CAP 80) Revised Edition 2014

CONVENTIONS

1. The Convention Concerning Discrimination in Respect of Employment and Occupation1958 no. 111

CASES

1. Ol Pejeta Ranching Limited v. David Wanjau Muhoro (2017)eKLR Civil Appeal 42 of 2015
2. Efil Enterprises Limited v. Dickson Mathambyo Kilonzo (2018)eKLR Civil Appeal 28 of 2015
3. John K Biiy v. Seth Panyako& 5 others (2017) eKLR NO.

BOOKS

1. Devereux S. and R. Cipryk (2009) Social Protection in Sub-Saharan Africa: A Regional Overview, IDS/Centre for Social Protection

WEBSITES

1. https://www.ilo.org/global/about-the-ilo/WCMS
2. https://www.hakijamii.com/State-of-Social-Protection-in-Kenya-Final.pdf
3. https://www.ilo.org/secsoc/areas-of-work/policy-development-and-applied-research/social-protection-floor

Executive summary

The ponder aims at finding out the impacts of t trade unionism on laborers in the world. The fundamental destinations of this ponder were to begin with recognize how the practice s of Trade union impacts on workers. Another point was to decide how union works in offering advantage for its members. In addition, other functions of Trade union that aim towards profiting both organization and employees were highlighted in the study. Theories relating to introduction of trade unions, history of Trade unions in all over the world and collective understanding were presented within the starting of the theoretical think about and common data and approximately mechanical relations were too presented.

Introduction

Trade union, moreover called work union, affiliation of laborers in a specific exchange, industry, or company made for the reason of securing changes in pay, benefits, working conditions, or social and political status through collective haggling. (Encyclopedia Britannica, 2019)

Time is changing the labor showcase. Unused innovation, better approaches of doing thing, unused callings within the labor advertise, all these things alter the labor showcase. It changes the vital aptitudes to fulfill a work. In this improvement a few of our individuals are losing their employability. Meaning their capacity to pick up and keep up a work, basically since of abilities jumble. The required aptitudes have changed, but a few of our individuals did not create their aptitudes encourage, and they are obsolete nowadays. They need the fundamental abilities to pick up and keep up their business. (Eurocadres, 2019)

According to Michael Tottrup who is Trade Union Officer, PROSA – Danish Federation of IT Professionals “Trade unions have the assets, and ought to have the information and essential abilities to see how segments and trade and the abilities bounded to it are changing. It ought to be a center competence of a Trade union – who else ought to know?’ And with that information the Trade unions of course have an obligation to act. They have to be telling their individuals that abilities are changing and individuals got to keep up with it. They ought to tell the manager that abilities are changing, and on the off chance that his/her workers don’t have the required aptitudes, the managers within the long run will be out of commerce – and his/her workers will lose their occupations.

A compelling Trade union does not center exclusively on the financial interface of its specialist individuals; it moreover serves as a key majority rule organization that stresses the significance of voting, customary get together, get to to data, and other forms that reflect the esteem of each member’s conclusion. Whereas free and reasonable decisions are the primary basic step for majority rule government, Trade unions are one of teach that offer assistance to guarantee the long-term maintainability of vote based systems. Over the world, it is no coincidence that nations with a free and dynamic Trade union development are more law based, more straightforward, and more affluent. (Ethicaltrade.org, 2019)

The Trade Unions Statute in Sri Lanka (No. 14 of 1935) distinguishes a TU as an affiliation or a combination of laborers or bosses whether brief or changeless. The Ordinance gives right for unionization to both manager organizations and employee organizations. In like manner Opatha (2009) recognizes that there are different sorts of trade unions in Sri Lanka such as make unions, mechanical unions, professional associations etc. (Anon, 2019). Work unions appear a critical nearness inside both the private and public sectors of Sri Lanka. Concurring to Wickramasinghe (2002), the Statute in its original shape applies as it were to private segment laborers and afterward on, a unused chapter had been brought into cover the open division specialists as well. Concurring to him the concept of Trade unionism and its thoughts had started to discover their way to Sri Lanka from on board where it created since 1890.

Trade unionism is the essential frame of work development in settled capitalism. The separated laborer is frail against the capitalistic manager. To overcome this cripple, the laborers organize into unions. The union ties the laborers together into common activity, with the strike as their weapon. At that point to adjust of control is generally rise to, or is some of the time indeed heaviest on the side of the specialists, so that the confined little manager is frail against the powerful union. Consequently in created capitalism Trade unions and employers’ unions (Affiliations, Trusts, Enterprises, etc.), stand as battling powers against each other. (Marxists.org, 2019)

Unions ensure the rights of specialists in particular businesses. A union works like a popular government, holding decisions to delegate officers. The union officers are charged with the obligation of making choices advantageous for union members. The structure of a union is as a locally based bunch of representatives who get a constitution from a national-level organization. Representatives pay contribution to the national union. In return, the labor union acts as an advocate on the employees’ sake. (Investopedia, 2019)

Worldwide Unions is the organization between the Worldwide Trade Union Confederation, Worldwide Union Leagues and the Trade Union Admonitory Committee to the OECD. (Global-unions.org, 2019) The Worldwide Trade Union Confederation (ITUC) is the worldwide voice of the world’s working individuals. The essential mission is the advancement and guard of workers’ rights and interface, through worldwide participation between Trade unions, worldwide campaigning and promotion inside the major worldwide organizations .Its primary zones of action incorporate the taking after: Trade union and human rights; economy, society and the working environment; balance and non-discrimination; and universal solidarity. The ITUC follows to the standards of Trade union majority rule government and freedom. It is represented by four-yearly world congresses, a Common Chamber and an Official Bureau. The ITUC territorial associations are the Asia-Pacific Territorial Association (ITUC-AP), the African Territorial Association (ITUC-AF) and the American Territorial Association (TUCA). It coordinates with the European Trade Union Confederation, counting through the Pan-European Territorial Board. (Ituc-csi.org, 2019)

In history, numerous individuals are mindful of Trade societies, which have certainly been in presence since medieval times. Amid the 18th Century, there existed Trade clubs for talented individuals of each make. Gatherings were held in bars and bars. In some cases, the assembly put of a well set up society would take the title of the club. An illustration may well be Bricklayers Arms. These Trade clubs somewhat given agreeable amusement but as there was no such thing as a welfare state or life protections the choice open being the workhouse, these Trade clubs given back to individuals and were frequently neighborly and burial social orders. A few Trade clubs moreover acted as a work enlistment association through which Bosses might contact and select gifted laborers. One critical viewpoint was guaranteeing make traditions and benchmarks were kept up. The consistent expansion to this got to be the activity of battling for wage increments and to preserve their member’s living benchmarks. (War on Want, 2019)

The require for Trade unions stems initially from the mechanical transformation when the working classes were to a great extent utilized in incompetent manual work within the production lines of the time. The unions of this time were generally common, which had small qualification of work parts and empowered political mediation to move forward the working conditions of the masses. The arrangement of unions was helped by the geological area of the potential individuals, who in numerous occasions were gathered, in comparative conditions around the expansive mechanical centers of the time. At the turn of the 20th century Trade unions started to figure it out the significance of the government to their operations and upheld the Work party in their race campaign because the party encompasses a more grounded interface with the welfare of the working classes. The part of Trade unions inside cutting edge day society has advanced for a number of reasons into that of modern unionism. The points of the modern unions are business, steady financial development, making a difference the unemployed, expanding abilities, and haggling to make strides least benchmarks and making an organization between the manager and the union. (Staffordshireunison.org.uk, 2019)

Labour unions in the 21st century

In this time, where everybody realizes the significance of laborers, Trade unions have a really imperative part to play. Starting in Europe, Trade unions got to be exceptionally well known in nations amid the Mechanical Insurgency, when the need of gifted laborers moved work haggling control nearly totally to the bosses, causing numerous laborers to be abused and come up short on. Trade union organizations may be composed of individual laborers or experts. The foremost common reason of these organizations is to preserve or make strides the conditions of their business. Over the past 300 a long time, Trade unions have created into a number of shapes, impacted by diverse political targets. (UKEssays.com, 2019)

The consequences of trade union power erosion

[image: ]Financial specialists and policymakers have fervently wrangled about the smaller scale- and macroeconomic impacts of the declining control of Trade unions. By the by, the observational prove appears that the effect of the decay on financial totals and firm execution is not an overpowering cause for concern. (Dro.dur.ac.uk, 2019)

Agreeing to Hewagama and Gamage (2010), workers who see that the presence of a Trade union will progress their work put, are more likely to connect trade unions than workers who accept that the nearness of a union in their organization would make no distinction. This think about has moreover found that the representatives with leftist political belief system are more likely to urge unionized than individuals with rightist states of mind.

Wage disparity

Ponders have found joins between unionization and diminished wage disparity as unions lower the scattering in pay by lifting the compensation of the least paid. They too thrust for the utilize of objective criteria when setting pay such as a rate for a work, and campaigning approach creators for increments in least compensation. Investigate appears that unions too contract sexual orientation and racial wage differentials. Another key issue of concern all inclusive relates to people’s changing demeanors towards vote based system. A 2016 think about by Roberto Stefan Foa and Yascha Mounk on the World Values Overview found that more youthful eras are less steady of popular governments than past eras. They uncovered that 13% of individuals matured 16 to 24 year olds in Europe in 2011 considered vote based system to be a ‘awful’ or ‘exceptionally terrible’ way of running the nation compared to 8% within the 1990s. (Sullivan, 2019)

The societal affect

The societal effect of unions Income imbalance is one of the major worldwide challenges. There is concern that the hole between tall salaries bunches and moo wage bunches in numerous nations adversely impacts financial development, social portability and people’s certainty in political frameworks. Oxfam has uncovered that 26 of the world’s wealthiest individuals possess as numerous resources as the poorest 50% of the world’s populace. (Ualocal7.org, 2019)

Power to improve

In a comprehensive modern report, How today’s unions offer assistance working individuals, EPI analysts detail how collective bartering plays an fundamental part in today’s labor showcase, by raising working people’s compensation and supporting a reasonable and affluent economy as well as a dynamic democracy—and how workers’ flexibility to connect together and deal with their boss is beneath attack. “Unions raise workers’ compensation and fortify their rights at work, but they too grant working individuals a voice in our democracy,” said EPI President Lawrence Mishel. “We will never once more see reliable vigorous middle-class wage development or a solid popular government without to begin with revamping collective bargaining.” (Economic Policy Institute, 2019)

The report gives upgraded measurements on who today’s unions speak to and where they are most grounded. The creators point out that labor unions are more different than ever some time recently: Union individuals incorporate dental hygienists, graduate understudies, and advanced writers, as well as fabricating laborers and public-sector workers. Around two-thirds of union specialists age 18 to 64 are ladies or individuals of color. 14.5 percent of dark laborers age 18 to 64 are secured by a collective haggling assention, compared with 12.5 percent of white specialists and 10.1 percent of Hispanic specialists. (Economic Policy Institute, 2019)

Workplace conflict

A major drop in working days misplaced due to strikes over the past two decades has followed the decreasing capacity of unions to take mechanical activity, both lawfully and organisationally. Be that as it may, the rise in employment tribunal applications recommends that union decay has not fundamentally driven to less working environment struggle per se (Dix et al., 2009). Recent considers point to the positive part played by unions in making a difference to resolve workplace debate. Inquire about by Richard Saundry and colleagues found that independence from administration and more noteworthy debate resolution abilities and skill permitted union representatives to play a more valuable role than non-union agents in disciplinary procedures. Directors in union- recognized work environments for the most part felt that union agents made a difference to guarantee that disciplinary hearings worked in a more procedurally reasonable and productive way than might something else has been the case. Such outcomes were most likely in working environments where there were tall levels of believe between union agents and directors (Saundry et al., 2011: 203-208).

Improving productivity

The most recent UK efficiency figures may have detailed a welcome rise, but they don’t diminish from the direness of tending to the longer-term story of destitute efficiency, and guaranteeing that efficiency development is feasible and reasonable. Yield per hour is still underneath pre-crisis levels and 15 per cent underneath where it would have been in the event that the pre-2008 slant had continued. There are a number of drivers of efficiency counting instruction and aptitudes, foundation, gear and development. But venture is key. Osborne recognized in his Chateau House discourse that we don’t trade, prepare, contribute, make or construct sufficient. Progressing efficiency moreover requires way better work association and acknowledgment of the significance of solid representative voice, a point underlined in a later report by ACAS. (Classonline.org.uk, 2019)

Trade unions are pivotal to financial change Development

Professionals and scholastics regularly absent from tending to the part of Trade and work unions. Regularly since talks around course and misuse are awkward but moreover since in a pro-growth, neoliberal advancement worldview composed work has no part. Work isn’t seen as portion of the day to day life of each person and necessarily to their prosperity and business, but or maybe as an input into a more extensive prepare of development which in turn will give them with the financial rewards to form a vocation and upgrade their prosperity. (Systems, 2019)

Conclusion

To recapitulate, I strongly agree that Trade Union is salient still for today organizations. As I mention above there are plethora of benefits of having trade unions for organizations as well as for society. Trade unionism may be implies for specialists to free themselves from destitution and social prohibition. Laborers utilize Trade unions as their agent voice to request their rights and make strides their living and working conditions. The arrangement of Trade unions was a response against the instruments of pauperization, eminently: moo pay, long working hours, child work and generally horrifying working conditions.

References

1. Acas.org.uk. (2019). Building Productivity in the UK | Acas advice and guidance | Acas. [online] Available at: http://www.acas.org.uk/index.aspx?articleid=5283 [Accessed 27 Mar. 2019].
2. Anon, (2019) [Online] Available at: https://www.researchgate.net/publication/273636149_Reasons_for_Unionization_and_Politicization_of_Trade_Unions_in_Sri_Lanka [Accessed 27 Mar. 2019].
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4. Economic Policy Institute. (2019). Today’s labor unions give workers the power to improve their jobs and unrig the economy. [Online] Available at: https://www.epi.org/press/todays-labor-unions-give-workers-the-power-to-improve-their-jobs-and-unrig-the-economy/ [Accessed 27 Mar. 2019].
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6. Economic Policy Institute. (2019). Today’s labor unions give workers the power to improve their jobs and unrig the economy. [Online] Available at: https://www.epi.org/press/todays-labor-unions-give-workers-the-power-to-improve-their-jobs-and-unrig-the-economy/ [Accessed 27 Mar. 2019].
7. Ethicaltrade.org. (2019). The importance of trade unions | Ethical Trading Initiative. [online] Available at: https://www.ethicaltrade.org/blog/importance-trade-unions [Accessed 27 Mar. 2019].
8. Eurocadres. (2019). Employability and trade unions – Eurocadres Blog. [online] Available at: https://www.eurocadres.eu/employability-and-trade-unions/ [Accessed 27 Mar. 2019].
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10. Global-unions.org. (2019). Global Unions – Standing Together for Rights of Workers. [online] Available at: http://www.global-unions.org/?lang=en [Accessed 27 Mar. 2019].
11. Investopedia. (2019). Labor Union. [online] Available at: https://www.investopedia.com/terms/l/labor-union.asp [Accessed 27 Mar. 2019].
12. Ituc-csi.org. (2019). About us – International Trade Union Confederation. [online] Available at: https://www.ituc-csi.org/about-us [Accessed 27 Mar. 2019].
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14. O’Sullivan, M. (2019). Can trade unions play a new role in modern society?. [online] RTE.ie. Available at: https://www.rte.ie/eile/brainstorm/2019/0319/1037306-can-trade-unions-play-a-new-role-in-modern-society/ [Accessed 27 Mar. 2019].
15. Ualocal7.org. (2019). The Role of the Labor Union in Modern Society | UA Local 7 : The Albany Plumbers and Steamfitters. [online] Available at: http://ualocal7.org/content/role-labor-union-modern-society [Accessed 27 Mar. 2019].
16. UKEssays.com. (2019). Importance Of Trade Union In Modern Workplace Management Essay. [online] Available at: https://www.ukessays.com/essays/management/importance-of-trade-union-in-modern-workplace-management-essay.php [Accessed 27 Mar. 2019].
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18. Staffordshireunison.org.uk. (2019). A Future that Works: A TUC National Rally for Young People – Sat 29th Jan 2011 | Staffordshire Branch of UNISON. [Online] Available at: http://www.staffordshireunison.org.uk/node/111 [Accessed 27 Mar. 2019].

Representation in Court Proceeding

As per Trade Unions Act 1959, Section 25 Subsection (6), “in any civil or criminal proceedings in which a registered trade union is a party such trade union may appear in such proceedings by anyone of its officers or by an advocate and solicitor.’ To put into perspective, representation could mean someone from the union meeting with management on behalf of a member or a group of staff or discussing a problem with the employer on behalf of the employee (The University and College Union, n.d.). In other words, a trade union speak on behalf of their members, but to do so it requires either one of its officers, or by an advocate, or a solicitor, or a lawyer.

In Malaysia, an example of representation in court proceeding is, in-flight supervisors (IFS workers) represented by National Union of Flight Attendants Malaysia (NUFAM), NUFAM as a trade union, was once represented by a lawyer, Lim Wei Jiet in a court proceeding in 2020 (Mohammad Yatim, Abdul Hafiz; The Edge Markets, 2020).

In the case of NUFAM, there exists a chance where even if the employees are represented by a trade union, there might be no actions taken by the employer for an extended period. For instance, Malaysia Airlines Berhad (MAB), formerly known as Malaysian Airline System (MAS), once had not recognised NUFAM as a union representing MAB’s employees since 2015; the failure to recognise NUFAM as a trade union began ever since 2015, the year MAB was formed (Mohammad Yatim, Abdul Hafiz; The Edge Markets, 2020). Besides, in 2019, according to the president of NUFAM Ismail Nasaruddin, many proposals of NUFAM fell on deaf ears and this has caused MAS to bleed through the years; in other words, the flight attendants represented by NUFAM were ignored by MAS, but this the flight attendants have right to be represented as they are members of the trade union, NUFAM.

In July 2020, Malaysian Trades Union Congress (MTUC) asserted that MAB as a government-linked company (GLC), should respect the Federal Court’s decision and grant immediate recognition of NUFAM (Thevamanohar, Areeshya; The Edge Markets, 2020).

As for the outcome of the issue NUFAM faced, following the decision of the Federal Court, the recognition process of NUFAM can proceed, with in-flight-supervisors (IFS workers) allowed to vote to recognise NUFAM as a union (Ram, B Suresh; New Straits Times, 2020). Lim Wei Jiet, the counsel for the defence of NUFAM, said that recognition is vital as a formal acknowledgement by an employer that a particular trade union has the right to represent his employees (Mohammad Yatim, Abdul Hafiz; The Edge Markets, 2020).

In Bangladesh, the right to representation exists according to the Industrial Relations Ordinance, 1969, which extends to the whole Bangladesh; however, in practice, although the law exists, the right to representation is overshadowed by trade union suppression. According to International Trade Union Confederation (2012), trade union rights in Bangladesh are not sufficiently protected by law (International Trade Union Confederation, 2012).

Based on multiple sources, there are mixed facts when it comes to trade unions in Bangladesh, positive and negative, but the negative facts are more prominent. As for the positive facts, the Industrial Relations Ordinance, 1969 of Bangladesh, Section 3(c) says that trade unions and employers’ associations shall have the right to elect their representatives in full freedom (Industrial Labour Organization, 1969). It was said since 2013, more than 14,000 workers and trade union representatives had received training on labour relations, a helpline of workers had been operational since March 2015, and 490 complaints from the RMG sector had been received between December 2015 and May 2016 through this helpline (International Labour Organization, 2016). These are not the only positive information in Bangladesh, but the negative ones are severely critical.

As for the negative facts, a representative of UNI Global Union (2016) stated that violations of freedom of association were all too common in both the garment and telecommunications sectors, the government refused to register trade unions, and workers were dismissed for trying to organize. The nation’s largest telecommunications company had dismissed 173 employees including 7 union officers the day after having learnt of the union’s existence (International Labour Organization, 2016). A study by Bangladesh Institute of Labour Studies says that there is violation of worker’s rights, gender violence, and discrimination in the country’s Ready-Made Garments (RMG) sector (Islam, 2018).

In 2012, a trade unionist in Bangladesh named Mr. Aminul Islam was a labour organiser for Bangladesh Center for Worker Solidarity (BCWS), a local NGO that supports the rights of factory workers in the garment and seafood industries. Mr. Aminul Islam’s work as a labour organiser for BCWS often brought him into conflict with garment factory managers. Mr. Aminul Islam reported receiving frequent threats and being under surveillance, he disappeared on 4 April 2012, and was later found dead 100 kilometres from where he was last seen (Human Rights Watch, 2017), his tortured body was exhumed, and reburied later in his native village, Kaliakoir (The New York Times, 2012). Deputy Director of Human Rights Watch’s Asia Division, Phil Robertson (2017) said that neither Aminul Islam’s family nor the public know the truth about what happened and who killed him. The critical situation indicates tense relationships between labour groups in Bangladesh (The New York Times, 2012).

The point is that the right for representation, although present in law of Bangladesh, Bangladesh has a bigger problem which is great suppression against trade unions, this weakens the right for representation in court proceeding. The tragedies in Bangladesh stated earlier are meant to emphasise that worker’s rights are almost denied entirely in the country.

The contrast between industrial relations in Malaysia and Bangladesh is that trade unions in Malaysia have their rights of representation protected, even if there is inconvenience, there is better chance workers are protected by law, whereas trade unions in Bangladesh is challenged, their right of representation in court proceeding is impaired by suppression to voice their grievances, or worse, they face persecutions, and even brutal conflicts between labour groups.

Conclusion

In conclusion, trade unions are autonomous, enrollment-based associations of laborers that speak to and haggle for the benefit of working individuals. Numerous associations offer types of assistance for their individuals, for example, government assistance benefits, individual legitimate assistance and monetary administrations. Associations give an instrument to discourse among laborers and managers, which assists work with trusting and duty among the labor force and guarantees that issues can be distinguished and settled rapidly and reasonably. Associations are a decent wellspring of data on work environment practice and are all around set to work with businesses to distinguish and address helpless working practices and resistance with work principles or labor standards. Unions can have a vital influence in authorizing work guidelines. Worker’s organizations give a course to laborers to report rebelliousness unafraid of backlash, thus all things considered, infringement of work codes will be accounted for. By empowering laborers to screen and improve their own working conditions in a maintainable and engaging way, worker’s guilds can help decrease reliance on social review.