集体劳动协议：英国和加纳劳动法的比较
发布时间：2021-05-09 21:53
The20International20Labour20Organization（hereafter20abbreviated20as20ILO）set20out20minimum20standards20for20collective20labour20agreement20but20countries20have20the20liberty20to20make20amendments20in20the20respective20labour20laws20to20meet20the20interest20and20demand20of20parties20in20the20labour20market.Various20studies20have20proved20that20labour20relations20between20employers20and20employees20in20the20United20Kingdom（hereafter20abbreviated20as20UK）are20very20cordial20and20as20such20there20is...
【文章来源】：中南财经政法大学湖北省 211工程院校 教育部直属院校
【文章页数】：231 页
【学位级别】：博士
【文章目录】：
ABSTRACT
ACKNOWLEDGMENT
LIST OF ABBREVIATIONS
INTRODUCTION
Significance of the research
Reasons for the selection of the UK and Ghana as case study
Statement of the research problems
Scope of the study
Purpose of the Research
Summary and comments on previous research
Research Methodology
Outline of the dissertation
Chapter one:General overview of Collective Labour Agreements
1.1.Features and nature Collective Labour Agreements
1.2 Forms of Collective Labour Agreements as prescribed by ILO
1.3 Theories of collective labour agreement
1.3.1 The Webb's Classical theory
1.3.2 Chamberlain's Theory
1.3.3 Dunlop's Theory
1.4 The main legal problems of Collective Labour Agreements
1.4.1 Conflicting collective labour agreements
1.4.2 The binding or non-binding nature
1.4.3 Normative effect of Collective Labour Agreement
1.4.4 Beneficiaries of collective labour agreements
1.4.5 The unintentional extension of the legal effect of CLA
1.5 Interrelation between Collective Labour Agreements and other legal instruments
1.6 Evolution and development of Collective Labour Agreements in UK and Ghana
1.6.1 The legal framework and development of Collective Labour Agreements in UK
1.6.2 The Influence of International Labour Organization on UK’s Labour System
1.6.3 The legal framework and development of Collective Labour Agreement in Ghana
1.6.4 The Influence of International Labour Organization on Ghana’s Labour System
Chapter 2:Comparison of the legal procedure for concluding Collective Labour Agreement between the UK and Ghana
Introduction
2.1 The legal process of drafting CLA in Ghana and UK
2.1.1 The legally recognized parties to collective bargaining
2.1.2 The legal roles of the employer in collective bargaining
2.1.3 The legal roles of the employee in collective bargaining
2.1.4 The autonomy of contracting parties in collective bargaining
2.2 The legal process and procedure for negotiations in collective bargaining
2.2.1 The procedure for making a demand during collective bargaining
2.2.2 Bargaining in good faith
2.2.3 The use of industrial actions to support the collective bargaining process
2.2.4 The legal process for concluding negotiations in collective bargaining
2.3 The legal process for final approval of collective labour agreements
2.3.1 Trade unions consultation for approval
2.3.2 Employers association consultation for approval
2.3.3 The process of signing collective labour agreements
2.4 The legal process for the publication and implementation of CLA
2.4.1 The registration process of collective labour agreements
2.4.2 Authorities responsible for the registration of collective labour agreement
2.4.3 Implementation of collective labour agreements
2.4.4 Transfer or undertaking and the application of collective labour agreements
2.5 Observations and remarks
Chapter 3:Comparison of the UK and Ghana laws on the content,invalidity and termination of collective labour agreements
Introduction
3.1 The legal content of collective labour agreements
3.1.1 ILO’s minimum standard on the content of collective labour agreements
3.1.2 Employment Security
3.1.3 Working time and leave
3.1.4.Wages and Remuneration
3.1.5 Occupational safety and health
3.1.5.1 Providing a safe working conditions and personal protective equipment
3.1.5.2 Employee duty to work in a safe manner
3.1.5.3 Periodic training or education on occupational safety
3.1.5.4 Measures to minimize hazards or reduce risk at work
3.1.5.5 Scheme of compensation for injuries
3.1.6 Social security and welfare
3.1.7 Provision for dispute settlement
3.2 Invalid collective labour agreements
3.2.1 Legal grounds to invalidate collective labour agreements
3.2.1.1 The complete content of the agreement is contrary to statutory regulation
3.2.1.2 The person who signed the agreement was not authorized
3.2.1.3 The concluding procedure was not strictly adhered
3.2.2 Authorities who can declare a collective labour agreement as invalid
3.2.3 Legal consequences of invalid collective labour agreements
3.3 Implementation of collective labour agreement
3.4 Termination of collective labour agreements
3.4.1 Termination due to the expiration of the agreement
3.4.1.1 Termination of a fixed-term collective labour agreement
3.4.1.2 Termination of indefinite collective labour agreement
3.4.2 Termination by consent of parties
3.4.3 Dissolution of undertaking
3.4.4 Agreement is declared entirely void
3.4.5 Termination by one party's request upon a breach
3.5 Observations and remarks
Chapter 4:Comparison of the UK and Ghanaian laws on the violation,remedies and dispute resolution for collective labour agreements
Introduction
4.1 The concept of collective labour agreement violation
4.2 Forms of collective labour agreement violation
4.2.1 Violation relating to the implementation of collective labour agreement
4.2.1.1 Employer violation of collective labour agreement
4.2.1.2 Employee violation of collective labour agreement
4.2.1.3 Violation relating to interpretation
4.2.1.4 Violation relating to application
4.2.1.5 Inability to perform duties and obligations
4.2.1.6 Failure to observe industrial peace obligation
4.2.2.7 Failing to perform the duty of negotiation
4.3 Remedies for collective labour agreement violation
4.3.1.Employer remedy
4.3.1.1 Industrial peace remedy
4.3.2.Remedy available for the employee
4.3.2.1 Remedy for not performing duty of negotiation
4.3.2.2 Remedy for incompliance with statutory requirements
4.3.3 Interpretation and application remedy
4.3.4 Remedy for inability to perform duties and obligations
4.4 Dispute concerning collective labour agreement
4.4.1 Categories of disputes
4.4.2 Dispute settlement mechanisms
4.4.2.1 Dispute settlement bodies in the UK
4.4.2.1.1 Disputing parties
4.4.2.1.2 Conciliation or Mediation bodies
4.4.2.1.3 The Labour Court
4.4.3 Dispute settlement bodies in Ghana
4.4.3.1 Disputing parties
4.4.3.2 Mediation bodies
4.4.3.3 The People’s Court
4.4.4 Dispute settlement procedure
4.4.4.1 Dispute settlement procedure in UK
4.4.4.1.1 Dispute of rights
4.4.4.1.2 Dispute of interest
4.4.4.2 Dispute settlement procedure in Ghana
4.4.4.2.1 Procedure for settling individual labour disputes
4.4.4.2.2 Procedure for settlement of collective labour disputes
4.4.4.2.2.1 Collective labour dispute over rights
4.4.4.2.2.2 Collective labour dispute over interests
4.5 Observations and comments
Chapter5:Recommendation for improving the labour laws on Collective Labour Agreements in Ghana
Introduction
5.1 Improving the laws relating to Collective Labour Agreements
5.1.1 Expanding bargaining actors on the side of the employee
5.1.1.1 Participation of upper level trade unions in collective bargaining
5.1.1.2 Involving labour representatives in collective bargaining
5.1.1.3 Involving the entire collective labour in the bargaining process
5.1.2 Dealing with incompatible clauses and provisions
5.1.3 Amending the duration of collective labour agreements
5.1.4 Restructuring laws on collective labour agreements in case of undertaking
5.1.5 Restructuring the laws on the procedure for amending CLA
5.1.6 Amending the laws on the expiration of collective labour agreements
5.1.7 Liability for illegal strikes and maintaining industrial peace
5.1.8 Improving laws on labour dispute settlement mechanism
5.2 Strengthening and improving conditions for the development of trade unions
5.2.1 The need for innovation in trade union formation
5.2.2 Enhancing the role of trade unions in the bargaining process
5.2.2.1 Strengthening the primary organization
5.2.2.2 Improving trade union personnel at the plant-level
5.2.2.3 Strengthening trade union links at different levels
5.2.3 Protecting officials of trade union from anti-union treatment
5.2.4 Strengthening the economic and financial status of trade union
5.2.4.1 Rebalancing the structure of trade union spending
5.2.4.2 Improving trade union funds
5.3 Improving and strengthening labour law implementation mechanisms
5.4 Creating awareness on the importance of Collective Labour Agreement
5.5 Proposed suggestion for the UK
5.5.1 Making the registration of collective labour agreements compulsory
5.6 Conclusion
Bibliography
Articles
Books
Website
International Instruments
United Kingdom
Ghana
本文编号：3178090
【文章来源】：中南财经政法大学湖北省 211工程院校 教育部直属院校
【文章页数】：231 页
【学位级别】：博士
【文章目录】：
ABSTRACT
ACKNOWLEDGMENT
LIST OF ABBREVIATIONS
INTRODUCTION
Significance of the research
Reasons for the selection of the UK and Ghana as case study
Statement of the research problems
Scope of the study
Purpose of the Research
Summary and comments on previous research
Research Methodology
Outline of the dissertation
Chapter one:General overview of Collective Labour Agreements
1.1.Features and nature Collective Labour Agreements
1.2 Forms of Collective Labour Agreements as prescribed by ILO
1.3 Theories of collective labour agreement
1.3.1 The Webb's Classical theory
1.3.2 Chamberlain's Theory
1.3.3 Dunlop's Theory
1.4 The main legal problems of Collective Labour Agreements
1.4.1 Conflicting collective labour agreements
1.4.2 The binding or non-binding nature
1.4.3 Normative effect of Collective Labour Agreement
1.4.4 Beneficiaries of collective labour agreements
1.4.5 The unintentional extension of the legal effect of CLA
1.5 Interrelation between Collective Labour Agreements and other legal instruments
1.6 Evolution and development of Collective Labour Agreements in UK and Ghana
1.6.1 The legal framework and development of Collective Labour Agreements in UK
1.6.2 The Influence of International Labour Organization on UK’s Labour System
1.6.3 The legal framework and development of Collective Labour Agreement in Ghana
1.6.4 The Influence of International Labour Organization on Ghana’s Labour System
Chapter 2:Comparison of the legal procedure for concluding Collective Labour Agreement between the UK and Ghana
Introduction
2.1 The legal process of drafting CLA in Ghana and UK
2.1.1 The legally recognized parties to collective bargaining
2.1.2 The legal roles of the employer in collective bargaining
2.1.3 The legal roles of the employee in collective bargaining
2.1.4 The autonomy of contracting parties in collective bargaining
2.2 The legal process and procedure for negotiations in collective bargaining
2.2.1 The procedure for making a demand during collective bargaining
2.2.2 Bargaining in good faith
2.2.3 The use of industrial actions to support the collective bargaining process
2.2.4 The legal process for concluding negotiations in collective bargaining
2.3 The legal process for final approval of collective labour agreements
2.3.1 Trade unions consultation for approval
2.3.2 Employers association consultation for approval
2.3.3 The process of signing collective labour agreements
2.4 The legal process for the publication and implementation of CLA
2.4.1 The registration process of collective labour agreements
2.4.2 Authorities responsible for the registration of collective labour agreement
2.4.3 Implementation of collective labour agreements
2.4.4 Transfer or undertaking and the application of collective labour agreements
2.5 Observations and remarks
Chapter 3:Comparison of the UK and Ghana laws on the content,invalidity and termination of collective labour agreements
Introduction
3.1 The legal content of collective labour agreements
3.1.1 ILO’s minimum standard on the content of collective labour agreements
3.1.2 Employment Security
3.1.3 Working time and leave
3.1.4.Wages and Remuneration
3.1.5 Occupational safety and health
3.1.5.1 Providing a safe working conditions and personal protective equipment
3.1.5.2 Employee duty to work in a safe manner
3.1.5.3 Periodic training or education on occupational safety
3.1.5.4 Measures to minimize hazards or reduce risk at work
3.1.5.5 Scheme of compensation for injuries
3.1.6 Social security and welfare
3.1.7 Provision for dispute settlement
3.2 Invalid collective labour agreements
3.2.1 Legal grounds to invalidate collective labour agreements
3.2.1.1 The complete content of the agreement is contrary to statutory regulation
3.2.1.2 The person who signed the agreement was not authorized
3.2.1.3 The concluding procedure was not strictly adhered
3.2.2 Authorities who can declare a collective labour agreement as invalid
3.2.3 Legal consequences of invalid collective labour agreements
3.3 Implementation of collective labour agreement
3.4 Termination of collective labour agreements
3.4.1 Termination due to the expiration of the agreement
3.4.1.1 Termination of a fixed-term collective labour agreement
3.4.1.2 Termination of indefinite collective labour agreement
3.4.2 Termination by consent of parties
3.4.3 Dissolution of undertaking
3.4.4 Agreement is declared entirely void
3.4.5 Termination by one party's request upon a breach
3.5 Observations and remarks
Chapter 4:Comparison of the UK and Ghanaian laws on the violation,remedies and dispute resolution for collective labour agreements
Introduction
4.1 The concept of collective labour agreement violation
4.2 Forms of collective labour agreement violation
4.2.1 Violation relating to the implementation of collective labour agreement
4.2.1.1 Employer violation of collective labour agreement
4.2.1.2 Employee violation of collective labour agreement
4.2.1.3 Violation relating to interpretation
4.2.1.4 Violation relating to application
4.2.1.5 Inability to perform duties and obligations
4.2.1.6 Failure to observe industrial peace obligation
4.2.2.7 Failing to perform the duty of negotiation
4.3 Remedies for collective labour agreement violation
4.3.1.Employer remedy
4.3.1.1 Industrial peace remedy
4.3.2.Remedy available for the employee
4.3.2.1 Remedy for not performing duty of negotiation
4.3.2.2 Remedy for incompliance with statutory requirements
4.3.3 Interpretation and application remedy
4.3.4 Remedy for inability to perform duties and obligations
4.4 Dispute concerning collective labour agreement
4.4.1 Categories of disputes
4.4.2 Dispute settlement mechanisms
4.4.2.1 Dispute settlement bodies in the UK
4.4.2.1.1 Disputing parties
4.4.2.1.2 Conciliation or Mediation bodies
4.4.2.1.3 The Labour Court
4.4.3 Dispute settlement bodies in Ghana
4.4.3.1 Disputing parties
4.4.3.2 Mediation bodies
4.4.3.3 The People’s Court
4.4.4 Dispute settlement procedure
4.4.4.1 Dispute settlement procedure in UK
4.4.4.1.1 Dispute of rights
4.4.4.1.2 Dispute of interest
4.4.4.2 Dispute settlement procedure in Ghana
4.4.4.2.1 Procedure for settling individual labour disputes
4.4.4.2.2 Procedure for settlement of collective labour disputes
4.4.4.2.2.1 Collective labour dispute over rights
4.4.4.2.2.2 Collective labour dispute over interests
4.5 Observations and comments
Chapter5:Recommendation for improving the labour laws on Collective Labour Agreements in Ghana
Introduction
5.1 Improving the laws relating to Collective Labour Agreements
5.1.1 Expanding bargaining actors on the side of the employee
5.1.1.1 Participation of upper level trade unions in collective bargaining
5.1.1.2 Involving labour representatives in collective bargaining
5.1.1.3 Involving the entire collective labour in the bargaining process
5.1.2 Dealing with incompatible clauses and provisions
5.1.3 Amending the duration of collective labour agreements
5.1.4 Restructuring laws on collective labour agreements in case of undertaking
5.1.5 Restructuring the laws on the procedure for amending CLA
5.1.6 Amending the laws on the expiration of collective labour agreements
5.1.7 Liability for illegal strikes and maintaining industrial peace
5.1.8 Improving laws on labour dispute settlement mechanism
5.2 Strengthening and improving conditions for the development of trade unions
5.2.1 The need for innovation in trade union formation
5.2.2 Enhancing the role of trade unions in the bargaining process
5.2.2.1 Strengthening the primary organization
5.2.2.2 Improving trade union personnel at the plant-level
5.2.2.3 Strengthening trade union links at different levels
5.2.3 Protecting officials of trade union from anti-union treatment
5.2.4 Strengthening the economic and financial status of trade union
5.2.4.1 Rebalancing the structure of trade union spending
5.2.4.2 Improving trade union funds
5.3 Improving and strengthening labour law implementation mechanisms
5.4 Creating awareness on the importance of Collective Labour Agreement
5.5 Proposed suggestion for the UK
5.5.1 Making the registration of collective labour agreements compulsory
5.6 Conclusion
Bibliography
Articles
Books
Website
International Instruments
United Kingdom
Ghana
本文编号：3178090
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