Industrial Tribunal Procedure Rules Essays - 1235 Words

Malta is a democratic state in which it incorporates fundamental rights and freedom; in fact the Constitution of Republic of 1974 says that all the citizens have the right to work. In the Constitution and in the Employment and Industrial Relations Act of 2002 one can find the principles and rights of the worker. These may vary from working hours, gender, training and means of subsistence. The Act of 2002 represents Malta and is considered as the primary source of employment law. Together with a number of subsidiary legislations this act governs industrial relations in Malta as an example the Industrial Tribunal Procedure Rules. The employee has the right to be informed about his or her conditions of employment which these are found in the†¦show more content†¦The employer will be assured that his/her employees are aware of the conditions they signed; therefore there will be a lower risk of an industrial dispute from both parties. It is recognized and permitted by the law that when an employer offers opportunities for employment, they are justified to subject the job-seeker. The discriminatory treatment occurs when there is exclusion on the basis of pregnancy or potential pregnancy, marital status, religion, sex, disability, skin colour, political opinion or membership in a trade union. It also comprises that the action of hiring a person of the opposite sex is done and based only on pervious work experience and performance.It could be regarded as illegitimate and offensive, if the employer or employee tries to harass another person in the organization by subjecting such person to unwanted act, words and gestures or ask for sexual favours. This Act binds that part-time workers arent allowed to be treated in less favourable way and disciminated just because they dont work forty hours per week. They have the same rights as full-timers and at least they should work 20-hour service. However, they have more time to ameliorate their grades by applying for vocational training or career advancement opportunities. When an employee does not follow the conditions that are signed in the collective agreement, fines must be paid. These may differ according to the action done by the employee to theShow MoreRelatedEssay about The Pros and Cons of the Tribunal System946 Words   |  4 PagesAdvantages and Disadvantages of the Tribunal System In order to identify the advantages and disadvantage of the tribunal system and the court system it is necessary to firstly identify what they are, their purpose and then what the advantages and disadvantages of these two systems of dispute resolution are. The courts are the formal courts of law that have been established over many years. Their purpose is to uphold the law of the land as dictated by statute and impose this law overRead MoreUnfair Dismissal Of The United Kingdom1179 Words   |  5 Pagesemployee’s job lawfully if the employer follows a fair procedure, acts plausibly and has a fair reason.( Gwyneth Pitt, Employment Law , 8th edn, Sweet and Maxwell 2011) Once it has been established that the dismissal came under one of the potentially fair heads of dismissal identified in section 98 of the Employment Rights Act 1996 where there is dispute the tribunal must also then determine whether the dismissal was in fact fair. In essence the tribunal will use statutory test to determine whether theRead MoreAlternative Methods of Resolving Legal Disputes599 Words   |  3 Pagescourt. Such methods include Tribunals as well as Arbitration. There are different Tribunals which exist to resolve a variety of disputes. 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Statutory recognition is if an employer does not want to make a voluntary agreement with a trade union, then the trade union can follow a statutory procedure for recognition if the workplace employees haveRead MoreVoluntary Arbitration as a Method of Industrial Dispute Resolution3031 Words   |  13 PagesSection 10 A of industrial dispute act makes provisions for voluntary reference of dispute to arbitration- a critical study INTRODUCTION: This section was inserted by S 8 of the Industrial Dispute (Amendment and miscellaneous Provisions) Act, 1956 and it was enacted with the object of enabling employees to voluntarily refer their disputes to arbitration themselves by a written agreement and for the enforcement of agreements between them reached otherwise then in the course of conciliation proceedingsRead MoreIndustrial Disputes And Its Effect On A Progressive Nation1076 Words   |  5 Pagesachieved its independence, as industrial development has always been associated with a progressive nation. The legislative history of industrial disputes can be traced from the year 1890. Even though there were acts like Merchant Shipping Act of 1859, Workmen s Breach of Contract, 1860, the actual development and growth of central legislative measures to govern industrial legislation in India can be examined and studied from Workmen s Dispute Act, 1860, to the present Industrial Dispute Act, 1947 which