LECTURE 2-MEC_ENGINEERING AND SOCIETY _521 050721.pptx

The insight of industrial relationships to the society and government

1. MUBAS Mechanical Engineering Department Engineering and Society Industrial Relations Compiled by: K J GONDWE PhD EMAILS: [email protected]/ [email protected] Cell: 0888515050/ 0994730531 1

2. Module aim The aim of this module is to provide students with an understanding of the importance of a healthy industrial relationship between different actors and associated regulatory issues.   2

3. Intended Learning Outcomes On completion of this module, the student will be able to : Understand the meaning of IR and its importance to industrial productivity Know major causes of industrial conflicts and ways to address them Explain the importance of key IR actors Understand key regulatory issues (labour and employment laws ) in order to nurture healthy relationship amongst key IR actors. 3

4. What is industrial relation? Industrial Relations (IR) is the study of the laws, conventions and institutions that regulate 'the workplace'. It is a fundamentally important aspect of our way of life, our culture and our society. The term industrial relation (IR) may have different meaning to different people, groups or institutions 4

5. What is IR from a Worker's Perspective ? As workers, we associate Industrial Relations with Unions, Industrial Awards, and labour laws that set the conditions under which we work. This includes our pay, safety, employment security and opportunities for training. There was no protection for children who were often a form of cheap labour, or worse, were sold into slavery ; As a society we have come a long way since, and this is largely due to the formation and actions of labour unions. History shows that workers’ working conditions have changed for the better over the years since abolition of slavery; 5

6. What is IR from an Employer's Perspective? The modern day employer attaches great importance to maintaining good industrial relations as a cornerstone of business growth and success . Industrial relations, for the employer, is about negotiations between workers and business owners/managers that lead to increased productivity and improved product quality in exchange for better pay and conditions of employment for workers . These negotiations between business owners/managers and their workers is often referred to as enterprise bargaining. The reduction of conflict between workers and business management is also a highly desirable objective in Industrial Relations 6

7. What is IR from a Society Perspective ? Whether we have good jobs and how we work has a fundamental effect on the quality of our lives. Unemployment causes social isolation and economic deprivation. When there is high levels of unemployment, there is social tension and upheaval . Too much employment has its own set of woes. People who work long hours often suffer from health issues and family problems . There is a need to strike a work-life balance to ensure a healthy, happy and productive populations. 7

8. What is IR from a Government Perspective ? Industrial relations is a major factor in managing the economy ; As a nation we compete in the global marketplace for goods and services ; If the workforce is inefficient and wage demands are too high, then the cost of our goods and services is greater and consequently we are less competitive in the global marketplace; and Governments create laws and policies that affect Industrial Relations and thereby influence the pay and conditions of work for workers. 8

9. Why industrial relation? ……… First , work is the dominant activity in the lives of most people between the end of full - time education and their retirement . Second, the social, family and personal lives of most adults depend critically on the income derived from their employment . Third, for reasons foreshadowed above, our sense of personal and community identity is closely conditioned by our work. ‘ And what do you do for a living? ’ Finally, for all of these reasons, work is also critically important for employers and for the state. Business viability and growth depends upon the availability of suitably skilled workers willing to be engaged in paid work and their application to their tasks while at the workplace . 9

10. CONFLICTS …… defined In order for organisations to achieve their missions, various actors must play their roles and responsibilities harmoniously- shared purpose, minimal or no discords or divisions; However, due to various reasons, differences and conflicts arise which derail the set objectives. But what are conflicts? ‘These are conditions that arise whenever the perceived interests of an individual or a group clash with those of another individual or group in such a strong way that emotions are aroused and compromise is not considered to be an option’ Cole (1995).

11. Critical questions to reflect on …. What are the project/plant operational objectives and can they be in conflict with other projects? Why do conflicts occur? How do we resolve conflicts? Is there any type of preliminary analysis that could identify possible conflicts before they occur?

12. CONFLICT ENVIRONMENT How could conflict originate from the following thematic areas?: Manpower resources Equipment and facilities Capital expenditure Costs Technical opinions and tradeoffs Priorities Administrative procedures Scheduling Responsibilities Personality clashes Q??? Lets pause, reflect and discuss for a moment

13. Positive side Conflicts are not always bad. Some of positive sides of conflicts are: Ideas are improved Individuals are forced to look for better approaches to their problems Long standing issues are aired and resolved (possibly); Individual and management views become clarified; Interest and even creativity are stimulated; People are able to test their mettle (temperament).

14. Negative side Some negatives to note: Some feel defeated and demolarized ; The psychological distance between individuals can increase; A climate of mistrust, resistance and suspicion may result; Time and effort are spent on defending narrow interests; Employ turnover may increase.

15. Where do conflicts occur? Within an individual Between two individuals Within a team of individuals Between two or more teams within an organization

16. Causes of conflict These relate closely to the types. Conflict of aims- different goals Conflict of ideas- different interpretations Conflict of attitudes - different opinions Conflict of behaviour- different behaviours are unacceptable- what are acceptable norms/ core values etc Role conflict Competition Communication failure Leadership and control

17. CONFLICT HANDLING MODES Withdrawal: retreating/withdrawing from an actual or potential disagreement; Smoothing/Accommodation: De-emphasizing or avoiding areas of differences and emphasizing areas of agreement; Compromising: Searching for a middle ground-”give and take” attitude; Competition: Supporting one view point-”win, lose” situation; Collaboration: Facing the conflict directly which involves joint problem solving

18. Structures and procedures for CR Normally, organisations would have clearly spelt our regulations on how to hand conflicts. Typically: Grievances and grievance procedures Discipline and disciplinary procedures The third party involvement-to moderate the proceedings, act as an independent arbitrator, referee, courts etc

19. Historical context of IR in Malawi COLONIAL ERA: master-slave, settlers-local communities, forced labour ‘Thangata-system in CZ district’ – remember Bruce Livingstone? Dominance of the population by a few colonial masters, traders, missionaries and planters; POST INDEPENDENCE ERA: Unionisms, self determination, breaking the shackles STATE CONTROLLED/ SINGLE PARTY: Malawians were required to toe a hard line- narrow path of total obedience without question- intimidation by party royalists etc 19

20. Historical context of IR in Malawi MULTIPARTY ERA: this was like a second independence- freedom of expression, the new constitution, NGOs and Gov institutions (Industrial Relations Court) defending peoples rights etc Employer’s Consultative Association (ECAMA) among others lobby government for employers interest, rejuvenated trade unions etc Last year, we heard of MPs trying to debate a bill to limit ‘illegal’ strikes in favour of the employer…. 20

21. Constitution of Malawi and IR Amongst other issues, the Constitution of Malawi covers the following which have direct impact on the IR Peaceful settlement of disputes ( Section 13-L); Slavery, slavetude and forced labour ( Section 27); Safe and f air labour practice (Section 31-1); Right to form and join trade unions (Section 31-2); Fair wages and equal remuneration (Section 31-3); Right to withdraw labour (Section 31-4); Freedom of association (Section 32). 21

22. The Labour Relations Act, 1996 It was developed to promote sound labour relations through the protection and promotion of freedom of association, encouragement of effective collective bargaining and the promotion of orderly dispute settlement conducive to social justice and economic development; The Act has borrowed a leaf from: Universal Declaration of Human Rights (1948); ILO Conventions; The Malawi Constitution, 1994 22

23. The Labour Relations Act, 1996 The key sections of the Act are: Freedom of Association (Section 4); Rights of Trade Unions and Employers Organisations ( Section 5); Protection of employees (Section 6); Protect in respect of organisations (Section 7-2); Registration of trade unions and employers protection (Section 11-1&2); Enterprise level bargaining (Section 25); Sectoral level bargaining (Section 27); 23

24. The Labour Relations Act, 1996 …………. The key sections of the Act are: Establishment of Industrial Council(Section 27); Functions of Industrial Council (Section 30); Duty to negotiate in Good faith (Section 31); Terms of collective bargaining (Section 32); Enforceability of collective agreements (Section 33); Submission of collective bargaining (Section 34); Access to employers’ premises (Section 35); Leave for Trade Union activities (Section 37); 24

25. Employment Act ,2000 Why the Act? The Employment Act was developed and passed in order to ‘ establish, reinforce and regulate minimum standards of employment in order to ensure equity necessary for fostering industrial peace, accelerated economic growth and social justice’. It provides regulatory framework for developing conditions of employment/ service in organisations. It is aligned to: UN Universal Declaration of Human Rights; ILO Conventions Malawi Constitution 25

26. Employment Act, 2000…… Applies to: Government Parastatal organisations Private Sector Does not apply to: MDF MPS PS 26

27. Employment Act, 2000…… Key aspects on IR: Prohibition against forced labour (Section 4); Anti-discrimination (Section 5); Equal pay ( Section 6); Remedies for Infringement of Human Rights (Section 7); Employment of young persons (Section 21) Hazardous work (Section 22); Register of young persons (Section 23); Particulars of employment (Section 27); Notice of termination of contract (Section 29); Payment in lieu of notice (Section 30); Severance allowance (Section 35); Hours of work (Section 36); Maximum daily working hours (Section 37); Overtime (section 39); Annual leave (section 44); Sick leave (Section 46); Maternity leave (Section 47); Payment of wages (Section 50); Setting of minimum wages (Section 54); Disciplinary Action (Section 56); Justification for termination (Section 57); Unfair dismissal (Section 58); Summary dismissal (Section 59); Constructive dismissal (Section 60); and Remedies for unfair dismissal (section 63 ). 27

28. THE END 28