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> Freedom of association, collective bargaining and industrial relations

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Subject: Freedom of association, collective bargaining and industrial relations - Month updated: June 2020

  1. Namibia - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Labour Directives relating to Covid-19: State of Emergency - Covid-19 Regulations (GN No. 110 of 2020). - Legislation on-line

    Adoption: 2020-04-28 | NAM-2020-R-110037

    The regulations deal with the expansion of negotiation topics during a dismissal; Health and Safety measures to prevent the spread of COVID-19; rights to sickness and employee compensation benefits for employees who contract COVID-19 or suffers from a COVID-19 related post-traumatic stress disorder during the course of his or her employment.

  2. New Zealand - Freedom of association, collective bargaining and industrial relations - Law, Act

    Employment Relations (Triangular Employment) Amendment Act 2019 (2019 No 36). - Legislation on-line

    Adoption: 2020-06-27 | NZL-2020-L-110028

    The Employment Relations (Triangular Employment) Amendment Act regulates triangular employment – such as a labour hire model – where someone is employed by one employer, but working under another business or organisation that directs or controls the employee’s day-to-day work (a controlling third party).

    Currently, employees can only bring a personal grievance – such as for harassment or discrimination – against their employer. For people in triangular employment situations, this limits their ability to raise a grievance, as often the actions that lead to them taking a claim are those of the controlling third party they are working with, rather than the person actually employing them.

    The law allows either the employee or the employer to apply to the Employment Relations Authority to join a third party to a personal grievance claim, and for remedies to be apportioned to the responsible parties.

  3. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Employment Relations Authority Amendment Regulations 2020 (2020/107). - Legislation on-line

    Adoption: 2020-06-02 | NZL-2020-R-110023

    1 Title
    2 Commencement
    3 Principal regulations
    4 Regulation 5 amended (Commencement of proceedings)
    5 Regulation 7 amended (Undertaking in relation to application for interim reinstatement)
    6 Regulation 8 amended (Statement in reply)
    7 Regulation 9 amended (Commencement of investigation)
    8 Regulation 9A replaced (Determination as to whether bargaining has concluded) Joining controlling third party to personal grievance
    9A Joining controlling third party to personal grievance
    9 Cross-heading above regulation 13 replaced Lodging documents
    12A How to lodge documents
    10 Regulation 15 amended (Address for service)
    11 Regulation 16 amended (Service of notices and documents)
    12 Schedule 1 amended
    13 Schedule 2 amended

    Schedule
    Forms 4 and 5 of Schedule 1 replaced
    Explanatory note
    Administrative Information

  4. New Zealand - Freedom of association, collective bargaining and industrial relations - Regulation, Decree, Ordinance

    Epidemic Preparedness (Employment Relations Act 2000 - Collective Bargaining) Immediate Modification Order 2020 (LI 2020/61). - Legislation on-line

    Adoption: 2020-04-14 | Date of entry into force: 2020-04-16 | NZL-2020-R-110026

    These changes extend timeframes involved in collective bargaining that would otherwise apply, and allow unions to notify an alternative ratification process if the previous ratification process is now impracticable (e.g. in person meetings). It comes into force on 16 April 2020 and is revoked 3 months after the Epidemic Preparedness (COVID-19) Notice 2020 (the Epidemic Notice) expires or is revoked. It modifies restrictions and requirements imposed by the Employment Relations Act 2000 (the Act) that may be impossible or impracticable to comply with during an epidemic.

    The Act has been temporarily changed to:

    - modify the maximum time frames for an employer to notify their employees who are in work and covered by collective bargaining that has been initiated, to exclude the duration of the Epidemic Notice (modifying section 43).
    modify the maximum time frames for an employer to seek consolidation of notices to initiate collective bargaining (40 days), and for unions to respond to an attempted consolidation (30 days), to exclude the duration of the Epidemic Notice (modifying section 50).
    - where collective agreements would have otherwise expired, but are still in force for 12 months after expiry, modify the 12-month period to exclude any period covered by the Epidemic Notice if the 12-month period would otherwise end while the Epidemic Notice is in force or up to three months after it expires or is revoked (modifying section 53).
    - allow the union to notify the other intended party or parties to a collective agreement of a new ratification procedure to ratify the collective agreement (e.g., online balloting, videoconferencing or teleconferencing) if a union has committed at the outset of collective bargaining to a ratification procedure that is no longer practicable (e.g. in-person ratification meetings) (modifying section 51).


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