#110 Freedom of association and the effective recognition - Operations Management

Freedom of association and the effective recognition - Operations Management

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 1. Freedom of association and the effective recognition of the right to collective bargaining are fundamental principles and rights at work. They are the bedrock of sound industrial relations and effective social dialogue. Using the Labour Act, 2003 (Act 651), 1992 Constitution, ILO provisions and other relevant examples, discuss the validity of this statement.
2.Globally, conflicts are never rare in our daily lives, whether at home, workplace, places of worship and even in many cases in game grounds and many more. In the vast majority of cases conflicts also exist in employee relation. Similarly, in our part of the world, Africa and Ghana, where we live in a mature democratic and pluralist societies and workplaces where there is increasing demands by employees from their employers, conflict episode will always exist and for that matter industrial actions will occur frequently. As a student of Labour Law and Industrial Relations at UEW, to what extent do you agree or disagree that industrial action is the only means of addressing conflict in employee relations?
3.On June 29, 2020, the Office of the Presidency (President Nana Akufo Addo) issued a letter dated 29th June, 2020 with reference number OPS/9/1/20/853 and a press release by the Director of Communications directing the Auditor General (Mr. Daniel Yaw Domelevo) to take his accumulated annual leave of 123 working days. This message became the headline and the forefront of public debate, while some activists described the decision by the president to be fair, others also described the decision as unfair creating a lot of confusion in the minds of the masses. As a student of Labour Law and Industrial Relations, using the Labour Act, 2003 (Act 651), 1992 Constitution, ILO provisions and other relevant legislations in Ghana as the basis for your analysis, what is your take on this issue?
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1. When we talk about manpower, it is considered that there is a fundamental right of the manpower to have the freedom of association and is the part of the union so that they can be represented by the union and their interest and bargaining power can not only be protected but also improved by the association and membership of these unions.
As per ILO, the freedom of association and collective bargaining are seen as the fundamental rights of the manpower. These are in the very foundation of ILO Constitution and mentioned in the Declaration of Philadelphia. With the help of these rights, the unions have the duty and authority to promote and materialize the decent working conditions for the workers. The main elements of manpower market governance include the strong and independent organizations for the employers and employees and to have the effective recognition of the rights to be the part of their collective bargaining process. Collective bargaining can be seen as the method of having the advantageous and productive methods to avoid possible conflicts among the employees and the employers. The collective bargaining and freedom of association are quite helpful in having peaceful practices, having democratic involvement of all the employees and the organization’s management.
As per Labor Act 2003, a right to each employee has been given to be the part or to form the trade union as per his or her choice so that the economic and social benefits of the employee can be promoted by the union and no restriction can be imposed by the employer in doing so.
2. I totally agree on the statement that industrial actions are the only means for addressing conflicts in employee relations.
Conflicts among the employees could be because of various reasons that bring about the difference in the thinking level of employees. Poor management of the company and that of the employees results into conflict among the employees. When organisation has not appropriately designed the regulations related to the control over the employees, they would behave in any manner that would contradict each other perceptions. When organisation does not have the appropriate structure, employees of the organisation may become confused for their roles and responsibilities and they try to interfere among the work of each other. This is another reason of conflict among the employees. When management of the organisation is biased and places an importance to the acquaintances rather than performances, conflict is bound to happen among the employees. Moreover, poor performance appraisal system and inappropriate distribution of the salaries may also result into the conflict among the employees.
Other reasons of conflict include unfair treatment by the management to their employees, unclear job roles that creates confusion among the employees and they tend to interfere in each other’s jobs, inadequate training to the employees which requires them to seek help from their workmates and if they refuse, then it creates conflict. Poor communication, poor work environment, lack of equal opportunities and bullying and harassment at the workplace are some of the other reasons for conflicts among the employees.
All of the above discussed issues are central to the industry in which the employee works. Industrial actions on finding the remedies to the above problems and formulating the appropriate guidelines and regulations are the key criteria that would lower the conflict in the organisation. Actions that the industry under consideration would take will help in resolving the conflict among the employees. these actions could be formulating the guidelines, designing appropriate organisational hierarchy, clearly specifying their job roles to the employees, providing training to the employees related to the various aspects of the organisation, treating all the employees equally, designing appropriate performance appraisal mechanism, addressing proper communication and flow of information, providing equal opportunities and eliminating bullying and harassment by enforcing regulatory clauses for it according to the laws enacted by the government.
3. According to the labor demonstration 2003, the employees reserve the privilege to appreciate the continuous leaves that are collected over the timeframe. As in the given case, the complete collected leaves of the Auditor General are 123 days in this manner the employer can request that the representative goes on the continuous leave.
Anyway in the event of criticalness, if there is a need from the employer that the representative joins the work once more, at that point the new labor law encourages this alternative to the employer. On the off chance that the worker is approached to restore the activity because of some criticalness, the representative has the option to appreciate the rest of the leaves once the prompt work is finished.
So in the event that we take a gander at the above-expressed arrangement of the new Labor law of 2003, there is not all that much or undesirable action that was started by the legislature to approach the inspector general to go for the continuous leave of 123 days. On the off chance that the administration needs the administration of the Auditor General during his leaves, he could be gotten back to and can join the rest of the leaves once more.