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Class notes l vacuum leak

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Leak detection methods without a leak detector  The most sensible differentiation between the test methods used is the differentiation as to whether or not special vacuum chamber leak detection equipment is used.  In the simplest case a leak can be determined qualitatively and, when using ...

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  • October 13, 2022
  • 51
  • 2022/2023
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Labour Laws and Industrial Relations

Introduction

 An industrial relation is basically concerned with the employee/employer relations in industry.
 Industrial relation is a formal interaction between employers, association and employees, representatives (trade
union) on labour matters concerning terms and conditions of service (employment and issues arising from
employment).
 For smooth functioning of an enterprise is absolutely essential that a harmonious atmosphere exists between
employees and employer.
 Industrial relations has been defined as individual relations and joint consultation between employers and workers
at their place of work and also collective relations between employers and their organizations and trade unions plus
the part played by the state in regulating these relations.
 The subject itself involves the study of the state, the legal system and the employers/workers organizations at the
institutional levels.
 Also involved are the study of patterns of industrial organization and industrial management, the capital composition,
labour force compensation and the study of market forces at the economic level.
 Labour relations refers to the direct relation between employers and workers without involvement of trade unions.
 Employee involvement means getting employees involved in the affairs of the organization such as participating in
policy formulation of being accorded an opportunity to make suggestions.
 Employee communication involves establishing and utilizing an effective two – way communication system between
employees and the management.
 Employee counseling involves provision of help and support to employees through psychological therapy to enable
them face and sail through difficult situations in life.
 This also involves professional counseling.
 Employee discipline means employee orderliness as opposed to confusion.
 The role of employee relations in the management of an organization.

When employee relations are good When employee relations are bad

There is harmony There is conflict

Peace Strikes/lock outs

Productivity/profitability Economic stagnation

Economic growth

Expansion/modernization

Better remuneration.

, High quality




Factors that affect industrial relations.

a) History.
b) Economic satisfaction.
c) Psychological and social satisfaction.
d) Off the job.
e) Business cycle.
f) Level of education.
g) Occupational stability.
h) Negotiation skills.
i) Public policy and legislation.




Components of industrial relations.

 IRs is to do with philosophies and policies of the major players i.e. the government, trade unions and the management.
 It is involved with the development, negotiations and application of formal systems which compose rules and
procedures that govern collective bargaining, handling of disputes and regulation of employees.
 It facilitates formal processes of interaction between the management and employees.
 It also facilitates formulation of policies and procedures for employee involvement and communication.




The system theory of IR

 This theory developed by Dunlop (1958) views industrial relations as a system of roles that regulate employment and
the way people behave at work place.
 The role of the system is to produce regulations and procedures which govern how much it is distributed in the
bargaining process and how the parties involved are related to one another.


(i) Unitary view.
 This is a self-view by management where it sees its role as that of a driver directing and controlling the workforce to
achieve economic goals and objectives.
 The management sees itself as the sole rule making authority.
 It looks at the enterprise with only one source of authority (up down) and sees itself as the focus of loyalty.

,(ii) Pluralistic view.
 This view recognizes an industrial organization as a plural society containing many related but different interests and
objectives which must be kept in equilibrium.
 Management must therefore accept rival sources of leadership and attachment from trade union officials.
 Management finally has to accept the fact that an organization has a triple personality i.e. economic, political and
social.


(iii) Voluntarism in IRs.
 This means that in essence IR is governed by rules agreed upon jointly between the employer and the employee in a
CBA and hence all these rules are through voluntary agreement irrespective of how that agreement was achieved.



Frame work of IRs in Kenya.

 In 1955 the Kenya foundation of labour was formed to co-ordinate trade union activities since KAU had been banned;
KFL took over the role of voicing political concerns as well as the industrial concerns.
 In 1956, association of commercial and industrial employers (ACIE)was formed and later renamed FKE (same year).
 In 1958 an important turning point in the trade union movement occurred when FKE and KFL held a meeting and
entered into a recognition agreement whereby FKE agreed to an industrial basis of an organization.
 1959 FKE was registered under the trade union ACT (cap 233) as an association representing a collective interest of
Kenyan employers.
 1960 there was annual conference of KFL where union leaders agreed that we had a right to comment on political
matters and even assist in the struggle for independence.




Tripartite approach.

 This is the approach used in resolving industrial relations issues whereby the trade union officials, employee
representatives and government officers sit together and deliberate to reach an agreement.
 The parties involved are;
 Employer/employee association of FKE, KBA (manager).
 Employees/trade union (union).
 Government/ministry of labour (labour officials).
(a) The charter was a gentleman’s agreement and it affirms the faith of the 3 parties to democratic principles on labour
matters by ensuring that differences are resolved through negotiations, conciliations and arbitrations.
(b) The parties agreed to be bound by mutual agreement and the law in the event of strikes and lock – outs.
(c) The parties also agreed to abide by and co-operate in implementing the CBA.
(d) They undertook to observe the grievance procedure as contained in the recognition agreement.

, (e) The government undertook to educate labour officers, FKE to educate employers and COTU to educate employees on
the importance of good industrial relations.
(f) The parties agreed to form the national consultative council (NCC) whose function is to advice the minister for labour
on all general industrial relations matters. NCC was mandated to form the demarcation committee whose role is to
determine jurisdiction in the event of conflict in trade unions.
(g) All parties agreed to respect each other’s freedom of association and to act expeditiously in replying to
correspondence from one another.
(h) The charter excludes staff who formulates, control and administer any aspects of the organization policies and also
staff who perform work which is confidential in nature.

Obligations and responsibilities.

1. Government (Ministry in charge of labour).
(a) Ensures and supports speedy settlement of disputes and formulate return to work formular.
(b) The government should go into joint consultation with COTU and FKE on all matters pertaining to employment
policy and labour administration.
(c) Promote industrial trade unionsims as opposed to craft trade unionism.
(d) To ensure that there are no overlaps among trade unions.
(e) The government is to display the charter in its offices and ensure that officers comply with it.


2. Employers – Federation of Kenya Employers (FKE).
(a) To accord recognition to the trade union by signing the recognition agreement.
(b) Employers should avoid involving themselves in the right to registration of a trade union.
(c) To avoid discrimination, victimization or to coerce any employee because of his/her union activities.
(d) Employer s supposed to take action to settle any grievances that may arise in the organization and to implement
all decisions in the CBA.
(e) Required to distinguish between acts that require dismissal from those that require less severe disciplinary actions.
(f) Employer should avail time and opportunity for ordinary workers to reach them on personal matters and to let
managers and workers know about the charter by giving it publicity.


3. Employees – Central Organization of Trade Unions (COTU).
(a) To discourage breach of peace by its members.
(b) Ensure that union members do not engage in union activities during working hours.
(c) Discourage members from negligence of duty, destruction of employer’s property, use of abusive language and
disturbance of normal work.
(d) Make the charter known to members and give it publicity.
(e) Promote a high degree of union membership.

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