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Assignment范文:British labor relations 2018-10-09

今天Fanessay分享一篇assignment范文--British labor relations,这篇文章主要讨论的是英国的劳动关系。在英国,存在这一个问题,那就是劳动纠纷。随着时间的推移,从英国的政治上,还是经济上都发生了巨大的改变,工会在这种情形下在最大程度地寻找突破口。可是由于人力方面的原因,让雇主仍然占据有利的地位,所以工会仍然是由雇佣方控制。这就让工会遇到了一个大难题,那就是如何扭转这个局面。



In the past decades, the UK labor relations have experienced a zigzag course from autonomy, confrontation to cooperation. In the 1950s, most labor disputes in Britain were settled through voluntary consultation. At that time, the economy was mainly labor-intensive with sufficient employment and the scale and scope of labor disputes were relatively small. In the 1970s, when the labor party was in power, the strength of the labor union was growing. With the deterioration of the economy and employment situation, the labor and labor parties began to face each other gradually, and strikes and collective bargaining kept happening. Under the thatcher conservatives in the 1980s, union power was greatly weakened, and strikes and mass collective bargaining were greatly reduced. After the labor party came into power in the 1990s, it emphasized the win-win of labor relations, and the labor and capital began to develop toward the direction of cooperation.


Compared with the changes of labor relations, the adjustment of labor relations in Britain has maintained the traditional characteristics of voluntarism. "Voluntarism is a feature of the UK Labour relations system, where the state does not interfere in collective bargaining by private companies and the government leaves both parties free to reach an agreement. The government imposes some restrictions on the right of employees to strike or employers to close factories, but very few. The collective bargaining parties hardly regard the negotiation as having a mandatory legal contract, but only as a nominal constraint ". Influenced by the tradition of voluntarism, British labor relations are obviously lack of normative legal system support, and it is very sensitive to external changes. Because of the close relationship between trade unions and politics, the different attitudes of the ruling party towards trade unions directly affect the change of labor relations. The innovation of electronic information technology has triggered a new wave of global new economy, with the change of traditional labor employment and the prevalence of outsourcing business and non-fixed work place, which has brought new difficulties and problems to the traditional workplace-based labor relations management. Britain's Labour market has also changed dramatically, with women entering the Labour force in large Numbers and men increasingly joining the ranks of part-time workers as a result of the decline of traditional manufacturing and the development of emerging industries. Women and part-time workers are mostly non-union members, which undoubtedly weakens the role of collective bargaining in UK Labour relations. As a member of the European Union, the UK's labor relations, from individual rights to collective rights of employees, are affected by eu policies to varying degrees, and the government's role in labor relations adjustment tends to be strengthened. Over the past decade, the UK has enacted and revised many new laws on employment, and the eu's advocacy of collective bargaining has put a lot of pressure on shrinking collective bargaining in the UK.


The Labour dispute settlement system in the UK mainly consists of four agencies: the Labour advisory mediation and arbitration commission, the industrial tribunal, the Labour appeal tribunal and the central arbitration commission. Labor advisory mediation arbitration committee is a completely independent and impartial entity without division, mainly dealing with individual labor disputes and collective bargaining disputes. The industrial court is responsible for handling the individual labor disputes which cannot be brought to court through mediation by the labor consultation and mediation arbitration committee. The industrial courts are located in some major cities, and the trials are informal. The cases they hear have no apostasy effect or enforcement power. The court of labor appeal is specifically responsible for hearing appeals from industrial courts. For the purpose of reducing litigation procedures and resolving disputes in a timely manner, only those parties have the right to appeal against the legal aspects of the judgments of the industrial courts. The central arbitration commission is a body dealing with the confirmation of the legitimacy of trade unions. Its members are mainly academics, lawyers and government officials. Of the four agencies mentioned above, the Labour advisory and mediation committee has a key role to play in assisting in the resolution of Labour disputes.


Labor advisory mediation and arbitration commission is an independent non-governmental organization funded by the government and funded by the ministry of trade and industry. The Labour advisory mediation and arbitration commission is headed by a chairman and administered by a tripartite commission, consisting of four employer representatives, four employee representatives and three independent representatives, ranging from union members to academics. The labor advisory mediation and arbitration commission has 13 branches and about 800 employees nationwide. The Labour advisory mediation arbitration commission has expressed its mission as: "" to prevent and resolve disputes by providing independent and neutral services, and to establish harmonious Labour relations to facilitate the operation and efficiency of the organisation." " The specific job responsibilities of the labor consultation mediation arbitration committee are mainly in three aspects:


One is to prevent and resolve collective disputes. Seeking to resolve a collective dispute over employment matters through consultation, mediation and arbitration cannot guarantee that the parties to the dispute accept help or enforce the settlement. The labor consultation mediation arbitration committee shall help and encourage both parties to make full use of the methods agreed by both parties to negotiate and reach a jointly accepted solution. The labor advisory mediation and arbitration commission shall only arrange mediation or arbitration when it is impossible for both parties to reach a settlement agreement. Arbitration is usually conducted by a single arbitrator, and the arbitrator is determined by the labor advisory mediation arbitration committee in the list of arbitrators already selected. The staff of the labor consultation mediation arbitration commission shall not be appointed as arbitrators, and shall only provide necessary services for the arbitration work. The result of the arbitration is a final award, not allowed to Sue, the result is not legally binding, can not apply to the court for enforcement. However, the enforcement rate of the arbitration result is very high, because both parties express to accept the arbitration result before the arbitration, and the labor consultation and mediation arbitration committee will also exert certain pressure to make both parties comply. From 2001 to 2002, the Labour advisory mediation arbitration commission helped employers, unions and workers' representatives reach agreed solutions for 1,300 cases, mediated over 500 cases and handled 68 cases of arbitration.


Handling individual rights disputes is the legal responsibility of the labor consultation, mediation and arbitration commission, and the scope of acceptance is unfair dismissal, wage and welfare treatment, violation of labor contract and discrimination disputes and other 21 aspects of labor disputes. The mediation process for individual rights disputes usually begins when an employee files a lawsuit in an industrial court and the court transfers the dispute to the labor advisory mediation arbitration committee. The mediator of the labor consultation mediation and arbitration commission shall negotiate with both parties separately, explain the advantages and disadvantages according to the law, help both parties to think from another position, increase the communication awareness of both parties, and then inform the other party of the positions of both parties as the intermediary, and do not participate in the opinions. Finally, the terms of the settlement are written down. The mediation agreement is legally binding. If mediation is successful and the parties reach an agreement, the case is final, ruling out the possibility of the parties applying to the court for settlement of the same matter. The process of mediation is confidential, that is, the statements made by the parties in the proceedings shall not be used as evidence by subsequent court proceedings unless the parties agree. At present, the settlement of individual rights disputes is the focus of the work of the labor consultation, mediation and arbitration commission, accounting for about 60 percent of its total workload. The rise in personal Labour disputes in recent years has led to an increase in the work of Labour advisory, mediation and arbitration committees, which handled 50 cases per person per year in 1975, compared with 350 now. The working method also changed from the early meeting with the parties to the present telephone processing. If the mediation fails, the parties can Sue in the industrial court. If they are not satisfied with the judgment result of the industrial court, they can appeal to the labor appeal court if there is an error in the applicable law. In cases where the Labour advisory mediation arbitration commission has resolved individual rights disputes, typically 40 per cent have successfully mediated, 30 per cent have withdrawn, and 30 per cent have gone to the industrial courts.


The Labour advisory mediation and arbitration commission has set up a nationwide public consultation network to give timely answers to questions raised by individuals on all employment matters, including rights, protections and obligations under the employment law. The Labour advisory mediation and arbitration commission often organizes conferences and seminars on employment and Labour relations topics, using experience and research in cooperation with various organizations to promote good Labour relations.


In view of the development of the labor consultation mediation arbitration commission, in the past decades, the responsibilities of the labor consultation mediation arbitration commission have not changed much in general, and dispute resolution and information consultation are neck and neck, but the proportion between them has changed greatly. The reason for the substantial increase of information consulting business is: first, the increase of individual rights cases. The work of the labor consultation mediation arbitration committee has shifted its focus from collective dispute cases to individual cases, which require the labor consultation mediation arbitration committee to provide more information and advisory services. Second, the changing environment of labor relations. Under the dual pressure of product market and labor market, employers need to implement more effective management in human resource management, which involves various aspects of labor relations. Therefore, the guidance and help of professional authorities are urgently needed. With the adjustment of the work focus of the labor advisory mediation and arbitration commission and the constant change of the labor relations environment, the role of the labor advisory mediation and arbitration commission has gradually changed from "prevention and settlement" to "service and support".


Over the past decades, Britain's labor relations have undergone great changes in the political, economic and social environment, and the unions have been actively seeking breakthroughs in the dilemma under the situation of greatly weakened power. Although Labour's return to power has legally strengthened the approval of unions, the union's spring is far from over. As human resource management plays an important role in employment organizations, employers hold the dominant position of labor relations at present, and the power of labor unions is obviously restricted by the employers and their managers who stand firm and master abundant resources. To what extent the strongly advocated cooperation agreement can increase the common benefits of both parties, improve the membership and recognition status of the union, and meet the needs and aspirations of the union members, further practice and evaluation are needed. How to reverse the trend of being marginalized in the new situation, the revival of the union is still a difficult problem.


The thatcher government strengthened the voluntary character of British labor relation, and the lack of governmental and legal intervention was regarded as the optimization of market operation. However, as a member of the European Union, the role of the British government has been strengthened, and the legislation on labor relations has been improved. The eu has issued a series of laws in the field of labor relations and formed a large number of case laws. These laws open the way for the assimilation of the adjustment of labor conditions and labor relations in the process of European integration. Eu laws have a direct legal effect on member states, and in many cases they have forced changes or additions to British domestic legislation, such as equal pay laws. Since the 1960s, Britain's position in the world economy has gradually weakened, and the issue of labor relations has become a major concern. Low wages, poverty, unemployment and other problems make the labor relation of voluntarism traditional questioned by more and more, but because of the complexity of the political, economic, and social environment, government intervention can be improve the means of labor relations are still not sure, the means and degree of government intervention, still need to practice exploration.