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HRMT602 Employment Law and Labor Relations

Published : 29-Sep,2021  |  Views : 10

Questions:

1. Should public employees have the same right to strike as private-sector employees are granted under the Labor Management Relations Act? Why or why not?

2. Although multinational corporations seem to be growing in size and influence, what must occur before transnational collective bargaining can be effectively carried out?

Answers:

1: Should public employees have the same right to strike as private-sector employees are granted under the Labor Management Relations Act? Why or why not? 

The employment act states that strikes must be about a dispute between workers and their employer. Both private and public interests are at stake in any labour relations system. In Australia, the legal system provides for a permission of workers to strike, which is based on exemptions and protections. In Australia, the public service is subject to the same laws as the private sector with regard to agreements and strike Private sector employees should be allowed to strike even when employed in critical industries (Waas, 2012).  Since there are counterparts of these employees in the private sector who are permitted to strike, the public employees should also have the right to go on strike.

Even though public employees provide by services that are crucial to public safety, welfare, and well-being they should have the same right to strike as private-sector employees. Even though, the public employees selected the position in the public sector and they did that with the knowing that along with the benefits, there are shortcoming in that they are agreeing to give up their right to strike in exchange for or as a condition of employment, they should not be forced to work in in the event that they feel their rights as employees is as stake (Creaver, 2012).

Regardless of one working in the public or private sector, it is worth to note that although no one is forced to accept their positions of employment, but actually agreed to the conditions of employment, salary and benefits offered they have a right to strike when the conditions of employment are not adhered to by the employer.

2: Although multinational corporations seem to be growing in size and influence, what must occur before transnational collective bargaining can be effectively carried out?

The number one issue that has to be established is a legal status for transnational collective agreements. There should be a legal framework on transnational collective bargaining. A Commission should be established made up by national experts with the duty of organizing the ways of executing the directive in the member states. As a result, high level of homogeneity in the definitions adopted and in the chosen means for fulfilling the objectives of the directive will be guaranteed (Gennard, 2009).

The labor condition must be standardized and labor laws be effected before transnational collective bargaining can be efficiently carried out by multinational corporations.  The sources on which transnational tools are based should be established with the specific purpose of creating a comprehensive transnational collective bargaining system.

There should be development of an optional legal framework establishing a transnational collective bargaining system should also be explored (Ales et al., 2006).  An unclear relationship among levels of decision making comes as a results of the presence of so many different actors taking the initiative to develop transnational negotiation, which may lead competition and conflicts.

References

Ales, E., Engblom, S., Jaspers, TLaulom, S., Sciarra, S., Sobczak, A. and  Valdés Dal-Ré, F. (2006). Transnational collective bargaining past, present and future. Final report. Retrieved on May 6, 2017 from: http://legacy.iza.org/en/iza_report_38.pdf

Craver, C.B. (2012. The Right to Strike and its Possible Conflict with Other Fundamental Rights of the People in the United States. XX World Congress of Labour & Social Security Law (September, 2012).

Gennard, J.  (2009). Development of transnational collective bargaining in Europe. Employee relations, 31(4): 341-346.

 Waas, B. (2012). Strike as a Fundamental Right of the Workers and its Risks of Conflicting with other Fundamental Rights of the Citizens. XX World Congress, Santiago de Chile, September 2012, General Report III

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