The British Trade Disputes Act of 1927

1928 ◽  
Vol 22 (1) ◽  
pp. 143-153 ◽  
Author(s):  
Alpheus T. Mason
Keyword(s):  
Trade Unions ◽  
Labor Law ◽  
Judicial Interpretation ◽  
Trade Disputes ◽  
Conservative Government ◽  
British Trade ◽  
Preliminary Study ◽  
The Law ◽  
To Receive ◽  
General Strike

One does not speak of the rights of American trade unions glibly or in off-hand fashion. Unlike the English policy of defining the rights of labor by legislative enactment, our legislatures, both federal and state, have been particularly slow to make such definition. Such predicability as the labor law has thus far assumed has been largely the work of the courts. Here, in other words, we discover the rights of trade unions in the opinions of the courts; in England, we have been accustomed to look to the statute-book rather than to judicial opinions. Comparatively, English labor law has at least enjoyed the merit of being reasonably predicable. The acts of 1859, 1871, 1875, 1906, and 1913 were all designed either to make the existing law more definite or to overturn a judicial interpretation of the law adverse to labor. Thus, by the year 1927 the law was rather definite. The statutes contained statements of what labor could or could not do. A reading of the recent Trade Disputes and Trade Unions Act of July 29, 1927, raises the question whether this legislation marks a change in the English policy of fixing the rights of labor by legislative definition.The immediate occasion for the recent act was the general strike of May, 1926. Introduced and rushed through Parliament by the present Conservative government, this measure failed to receive the preliminary study and consideration that preceded the introduction of the acts of 1871 and 1906.

scholarly journals Learning to live with the law? The legislative attack on British trade unions since 1979

1970 ◽  
Vol 14 (1) ◽  
Author(s):  
Linda Dickens
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
Legal Framework ◽  
Legal Intervention ◽  
British Trade ◽  
Industrial Action ◽  
The Law ◽  
Labour Legislation

This article takes as its focus the labour legislation of the Conservative governments in Britain under Mrs. Thatcher since 1979. It locates the legislation in its broader context and examines three main prongs of what is seen as a legislative attack on the trade unions: the move away from collective industrial relations; the restricted terrain for lawful industrial action; and legal intervention in internal union affairs. The immediate impact, use of and response to this legislation is discussed and a broader question raised concerning whether, as well as having to adjust to the new legal framework, British trade unions are reappraising their attitude to the role of law in industrial relations more generally.

AMENDMENTS TO THE TRADE UNIONS ACT AND THE RIGHT TO WORK

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Current System ◽  
Labor Law ◽  
Employment Law ◽  
Paid Work ◽  
Contract Of Employment ◽  
Negative Effect ◽  
The Law ◽  
The Right

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.

scholarly journals The Critical Exposure of Lesotho’s Labor Law Effectiveness: Industrial Relations’ Calamity of Textile Industry Workers in Lesotho

2014 ◽  
Vol 5 (2) ◽  
pp. 58-72
Author(s):  
Moses M. M.
Keyword(s):  
Trade Unions ◽  
Textile Industry ◽  
Research Question ◽  
Labor Law ◽  
Organizational Capacity ◽  
Industrial Sector ◽  
Labor Rights ◽  
Chronic Lung Diseases ◽  
The Law ◽  
The Government

This article provides insights on tribulations of Lesotho textile industry workers and effectiveness-extent of national labor law in shielding labor rights. It is a qualitative and quantitative research premised on textile industrial areas of Thetsane and Railway Station area in Maseru city, Labor offices and workers/trade unions. It illuminates the prescriptions of the Labor Law in Lesotho pertaining to the textile industries and inquires whether such Labor Law is not nominally applied in protecting textile factory workers’ rights. It examines workers’ organizational capacity and bargaining, role of workers’ trade unions in addressing workers’ concerns and maintenance of labor law. Elucidation embraces efficacy of legal resolutions procedure followed whenever there are disputes between workers and management, reported by either the individual workers or workers’ trade unions/TUs. Outlook of the workers to examine their content concerning services rendered to them by labor offices forms part of this researched debated in-depth interviews. Dictates of the Law towards lowly esteemed workers and the extent to which their rights as workers in Lesotho are protected by the government mold chief innards. Findings reflect on benefits ought to be derived from this industrial sector but which are inconspicuous, thereby ensuing in destitution of workers whose majority are women with significant dependency ratios. Labor downsizing, layoffs, unfair dismissals, salary cuts and/or delayed labor earnings, toiling beyond normal working hours, chronic lung diseases from inhaled harmful chemicals, labor devalourization, vulnerability and others constitute quandary of Lesotho textile industry workers. The research question is, then, how far does the law work for them through pro-active and reactive (remedial) strategies for their emancipation, protection and recompense/welfare?

British Trade Union Law Since the Trade Disputes and Trade Union Act of 1927

1932 ◽  
Vol 26 (2) ◽  
pp. 345-351
Author(s):  
Edwin E. Witte
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Trade Disputes ◽  
British Trade ◽  
American Interest ◽  
Recent Developments ◽  
History Of ◽  
Entire History ◽  
The Subject

Judging from articles on the subject, American interest in British trade union law has been considerable, but spasmodic. Every important decision or statute affecting the legal status of the British trade unions has been followed by articles on this side of the Atlantic outlining the entire history of the British law of labor combinations and attempting to forecast the outcome of the most recent developments. Between times, the subject has not been discussed and no one has presented the actual results of the heralded developments. The Trade Disputes and Trade Union Act of 1927 is the most recent of these developments noted in this country.

The Trade Disputes and Trade Unions Act of 1927: The Aftermath of the General Strike

1967 ◽  
Vol 29 (3) ◽  
pp. 387-406 ◽  
Author(s):  
Melvin C. Shefftz
Keyword(s):  
Trade Unions ◽  
Western Europe ◽  
Upper Class ◽  
Single Shot ◽  
Good Sense ◽  
Trade Disputes ◽  
Parliamentary Government ◽  
Remarkable Result ◽  
The One ◽  
General Strike

The British general strike of May, 1926, was a strange event. Over two and a half million men left their work and for nine days closed down the British economy. It was the greatest strike ever to take place in Western Europe and it evoked much class bitterness. And yet many middle- and upper-class Englishmen who had been bitter and angry during the strike came eventually to look back on it as a gay adventure which showed how peaceful and sensible Englishmen were. They were proud that they had fought so great an industrial battle to a conclusion without a single death or even the firing of a single shot. Alfred Duff Cooper (Lord Norwich) who was a young back-bencher at the time of the strike (he later became Secretary of State for War and First Lord of the Admiralty) wrote in 1953 in his autobiography: “… it [the strike] threatened the survival of parliamentary government, and it brought the country nearer to revolution than it has ever been.” But despite this, English good sense triumphed: “Happily, no grave errors of judgment were made by either side and the remarkable result was achieved of complete victory without vindictiveness on the one side or rancour on the other. The air was cleared and from that day to this relations between capital and labour have been happier in Great Britain.”.

PERSINGGUNGAN KEWENANGAN MENGADILI PENYALAHGUNAAN DISKRESI ANTARA PENGADILAN TUN DAN PENGADILAN TIPIKOR / INTERCEPTION OF JUSTICE AUTHORITY OF DISCRETION ABUSE BETWEEN ADMINISTRATION COURT AND CORRUPTION COURTS

2018 ◽  
Vol 7 (2) ◽  
pp. 213
Author(s):  
Budi Suhariyanto
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Administrative Law ◽  
The State ◽  
Government Officials ◽  
Criminal Process ◽  
The Supreme Court ◽  
State Finance ◽  
The Law ◽  
To Receive

Diskresi sebagai wewenang bebas, keberadaannya rentan akan disalahgunakan. Penyalahgunaan diskresi yang berimplikasi merugikan keuangan negara dapat dituntutkan pertanggungjawabannya secara hukum administrasi maupun hukum pidana. Mengingat selama ini peraturan perundang-undangan tentang pemberantasan tindak pidana korupsi tidak merumuskan secara rinci yang dimaksudkan unsur menyalahgunakan kewenangan maka para hakim menggunakan konsep penyalahgunaan wewenang dari hukum administrasi. Problema muncul saat diberlakukannya Undang-Undang Nomor 30 Tahun 2014 dimana telah memicu persinggungan dalam hal kewenangan mengadili penyalahgunaan wewenang (termasuk diskresi) antara Pengadilan Tata Usaha Negara dengan Pengadilan Tindak Pidana Korupsi. Pada perkembangannya, persinggungan kewenangan mengadili tersebut ditegaskan oleh Peraturan Mahkamah Agung Nomor 4 Tahun 2015 bahwa PTUN berwenang menerima, memeriksa, dan memutus permohonan penilaian ada atau tidak ada penyalahgunaan wewenang (termasuk diskresi) dalam Keputusan dan/atau Tindakan Pejabat Pemerintahan sebelum adanya proses pidana. Sehubungan tidak dijelaskan tentang definisi dan batasan proses pidana yang dimaksud, maka timbul penafsiran yang berbeda. Perlu diadakan kesepakatan bersama dan dituangkan dalam regulasi tentang tapal batas persinggungan yang jelas tanpa meniadakan kewenangan pengujian penyalahgunaan wewenang diskresi pada Pengadilan TUN.Discretion as free authority is vulnerable to being misused. The abuse of discretion implicating the state finance may be prosecuted by both administrative and criminal law. In view of the fact that the law on corruption eradication does not formulate in detail the intended element of authority abuse, the judges use the concept of authority abuse from administrative law. Problems arise when the enactment of Law No. 30 of 2014 triggered an interception in terms of justice/ adjudicate authority on authority abuse (including discretion) between the Administrative Court and Corruption Court. In its development, the interception of justice authority is affirmed by Regulation of the Supreme Court Number 4 of 2015 that the Administrative Court has the authority to receive, examine and decide upon the appeal there is or there is no misuse of authority in the Decision and / or Action of Government Officials prior to the criminal process. That is, shortly before the commencement of the criminal process then that's when the authority of PTUN decides to judge the misuse of authority over the case. In this context, Perma No. 4 of 2015 has imposed restrictions on the authority of the TUN Court in prosecuting the abuse of discretionary authority.

Konsep Ihsân dalam Wacana Pendidikan Islam

TAJDID ◽  
2019 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Husni Husni
Keyword(s):  
Existence Of God ◽  
Good Deed ◽  
The Law ◽  
To Receive ◽  
Islamic Society ◽  
Muslim Scholars ◽  
The Way

This article studies the concept of Ihsan (good deed) in the thought of ulama mufassirs (Muslim scholars interpretering the Qur’an). The result of the study being carried out by the writer is that the concept of ihsan being too narrowly interpreted, proves that it has wide interpretation in the thought of muffasirs. If so far among society the concept of ihsan has been narrowly interpreted on the good deed or doing good deed, so according to mufassirs, the concept means: (1) carrying out all obligations, (2) being patient to receive all the obligation and anything forbidden by God, (3) being obedient and always perfects his obedience in quality as well as in the way, (4) forgiving, (5) being sincere, (6) realizing the existence of God, (7) emphasizing the esoteric aspect rather than exoteric world, (8) knowledge, (9) being firm in the truthfulness, (10) havng understanding about the true teachings of God, (11) having good comprehension about the law appropriately applied among the Islamic society. The wide meaning of this concept because this concept is really expressed by the Koran in context. This article tries to attach the concept of Ihsan in several meanings about the education world

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