This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.
Labour Relations Act Of 1995 In Travis
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Multi-State
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Travis
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US-002HB
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FAQ
Section 213 of the LRA indicates that the reasons for retrenchment may be based on the economic, technological, structural or similar needs of the employer. It is necessary to look at each of these reasons more closely.
Section 189(1) of the LRA provides that, before retrenching, employers must consult any person whom the employer is required to consult in terms of any collective agreement that may be in force.
Section 16, Section 189 and Section 189A of the Labour Relations Act set out the legal requirements for retrenchments for companies. The employer should consult with the affected employees and try all means to prevent retrenchments or to come to another solution.
Operational requirements are defined in section 213 of the LRA to be” economical, technological, structural or similar needs of the employer.” Dismissals for operational requirements are classed as “no fault” dismissals – meaning that the dismissal is not due to any fault of the employee.
Section 18(1) of the Labour Relations Act (LRA), 1995 allows an employer and a majority trade union in the workplace to conclude a collective agreement establishing thresholds of representativeness for the exercise of the organisational rights set out in sections 12, 13 and 15 of the LRA.
Here are the key aspects of conflict resolution under the LRA: Dispute Resolution Mechanisms: The LRA establishes various mechanisms for resolving disputes, including conciliation, arbitration, and the Labour Court. These mechanisms aim to facilitate the resolution of disputes between employers and employees.
Section 188 (1) of the LRA states that a dismissal which is not automatically unfair is still unfair if the employer fails to prove – (a) That the reason for the dismissal is a fair reason – (i) Related to the employee's conduct or capacity; or (ii) Based on the employer's operational requirements; and (iii) That the ...
It establishes a framework that promotes fair treatment, protects workers' rights, and encourages collective bargaining. It also provides a mechanism for resolving disputes, which helps maintain harmonious industrial relations.
Therefore, it is the policy of the Office of Labor-Management Standards (OLMS) to investigate, at its discretion, allegations of violations by union officers and other representatives of their fiduciary responsibilities under section 501(a) of the LMRDA.
OLMS field offices can provide guidance on how to file a complaint, including guidance regarding any additional steps you may need to take before filing a complaint and your ability to file an anonymous complaint. You also can email OLMS-Public@dol or call 202-693-0143 with your complaint or questions.