Laws

Kim355604/23
UNIT CODE: HRM 624

UNIT: Labour & industrial law
Semester 1
Thursday
Lec. Sophie
1. Define the term “disablement” and explain its different forms under the Work Injury
Benefits Act, 2007
Disablement refers to the reduction or loss of a person's ability to perform regular work or daily
activities due to injury, illness, or other impairments. In the context of workers' compensation,
disablement is often a key factor in determining the extent of benefits a worker may be entitled to.
Forms of disablement may include:
a) Temporary Total Disablement (TTD): This occurs when a worker is temporarily unable to perform
their job duties but is expected to recover fully and return to work.
b) Temporary Partial Disablement (TPD): In cases where a worker can still perform some work tasks
but not all due to a temporary impairment, they may be eligible for temporary partial disability
benefits.
c) Permanent Total Disablement (PTD): If an injury or illness results in a permanent and complete
inability to perform any gainful work, the worker may be considered permanently and totally
disabled.
d) Permanent Partial Disablement (PPD): This refers to a permanent impairment that does not
completely prevent a worker from working but may limit their ability to perform certain tasks.
Compensation is often based on the extent of the impairment and its impact on earning capacity.
2. Joy has been offered a job to work in a well-established local company which has just
expanded and opened a branch in one of the West African countries. Write short notes
on the type of contract she is bound to be given
a) Fixed-Term Contract:
This type of contract is for a specific duration, and it clearly outlines the start and end dates of
employment. Fixed-term contracts are often used for project-based work or temporary positions.
b) Permanent Contract:
A permanent or open-ended contract has no specified end date, indicating an ongoing
employment relationship. This type of contract provides employees with greater job security and
typically includes benefits such as paid leave and health insurance.
c) Probationary Contract:
Joy might be given a probationary contract, especially if the company wants to assess her
performance and suitability for the role before confirming permanent employment. Probationary
periods are commonly three to six months but can vary.
d) Part-Time or Full-Time Contract:

Depending on the nature of the job and Joy's preferences, she might be offered a part-time or full-
time contract. Part-time contracts involve fewer working hours than full-time contracts.
e) International Assignment Contract:
Since Joy is relocating to a West African country for the job, she might be given an international
assignment contract. This type of contract outlines details such as relocation benefits, housing
allowances, and other considerations for expatriate employees.
f) Local Employment Regulations:

The employment contract will likely adhere to local labor laws and regulations in the West African
country. It may include provisions regarding working hours, overtime, leave entitlements, and
other statutory requirements.
g) Contractual Benefits:
The contract may specify additional benefits such as health insurance, retirement plans, and other
perks offered by the company.
3. John is a new employee hired to work in XYZ Company which deals with Manufacturing
of Chemicals. Discuss three duties that his employer is supposed to exercise in relation
to Industrial Training Act.
a) Providing Adequate Training Opportunities:

Employers are typically obligated to provide new employees, like John, with adequate training to
ensure they can perform their job tasks safely and effectively. This may include on-the-job training,
formal training programs, or a combination of both, depending on the nature of the work.
b) Compliance with Training Standards:

Employers are generally required to ensure that the training provided complies with the standards
set by the Industrial Training Act or other relevant regulations. This may involve creating training
programs that cover essential safety measures, proper handling of chemicals, adherence to
environmental regulations, and other industry-specific requirements.
c) Record-Keeping and Reporting:

Employers often have a duty to maintain records related to industrial training. This may include
documenting the training programs, attendance records, and certifications obtained by employees.
Some regulations may also require employers to report on their training activities to relevant
authorities, demonstrating compliance with the Industrial Training Act.
4. Discuss the Three different parties involved in the Labour Relations Act, 2007.
a) Employees:
Rights and Protections: Employees are granted certain rights and protections under the Labour
Relations Act. These may include the right to join or form a union, the right to engage in collective
bargaining, and protection against unfair labor practices.
Collective Bargaining: Employees have the right to engage in collective bargaining with their
employers or employer organizations. This involves negotiating terms and conditions of
employment, such as wages, working hours, and benefits, as a collective group rather than
individually.
b) Employers:
Management Rights: Employers have the right to manage their businesses and make decisions
related to operations, staffing, and organizational policies. However, these rights are often subject
to certain limitations and regulations outlined in the Labour Relations Act.
Negotiating with Unions: When employees are represented by a union, employers are required to
engage in good-faith negotiations with the union regarding employment terms. This includes
bargaining over issues like wages, working conditions, and dispute resolution procedures.
c) Labor Unions or Employee Representatives:

Formation and Representation: Labor unions or employee representatives are organizations
formed by employees to collectively represent their interests in labor relations. Unions negotiate
with employers on behalf of their members.
Collective Bargaining: Unions engage in collective bargaining to secure favorable terms and
conditions for their members. This includes negotiating collective agreements that outline the
terms of employment for unionized workers.
Dispute Resolution: Labor unions may be involved in dispute resolution processes, such as
grievance procedures or mediation, to address conflicts between employees and employers.
5. Discuss three Contemporary issues in Labour and Industrial Law.
a) Gig Economy and Precarious Work:

The rise of the gig economy has led to a shift in traditional employment structures. Many workers
are engaged in short-term, freelance, or part-time arrangements, often through digital platforms.
The classification of gig workers as independent contractors rather than employees can raise
questions about their labor rights and protections. Issues such as access to benefits, job security,
and the right to collective bargaining are prominent in the discussions surrounding gig economy
work.
b) Remote Work and Flexible Arrangements:

The COVID-19 pandemic accelerated the adoption of remote work and flexible work
arrangements. As a result, labor laws are being reevaluated to accommodate the changing nature
of work. Issues related to work hours, overtime, data protection, and the right to disconnect from
work outside of regular hours have become significant considerations. Balancing the needs of
employers and employees in this evolving work landscape is a key challenge.
c) Automation and Technological Impact:

The increasing use of automation and artificial intelligence in the workplace has implications for
job security, skills development, and the overall employment landscape. Labor laws may need to
adapt to address issues such as reskilling and upskilling, the impact on certain industries and
occupations, and ensuring that workers are not unfairly displaced by technological advancements.
Additionally, questions about the ethical use of AI in employment decisions and the protection of
workers' privacy may arise.

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Kim355604/23

UNIT CODE: HRM 624

Forms of disablement may include:

d) Part-Time or Full-Time Contract:

f) Local Employment Regulations:

a) Providing Adequate Training Opportunities:

b) Compliance with Training Standards:

c) Record-Keeping and Reporting:

c) Labor Unions or Employee Representatives:

5. Discuss three Contemporary issues in Labour and Industrial Law.

a) Gig Economy and Precarious Work:

b) Remote Work and Flexible Arrangements:

c) Automation and Technological Impact:

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