Professional Documents
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Industrial relations and globalization: challenges for employers and their organizations
"IR" may be defined as the means by which the various interests involved in the labour market are accommodated, primarily
for the purpose of regulating employment relationships. IR is essentially collectivist and pluralist in outlook. It is concerned
with the relationships which arise at and out of the workplace (that is, relationships between individual workers, the
relationships between them and their employer, the relationships employers and workers have with the organizations formed
to promote and defend their respective interests, and the relations between those organizations, at all levels). Industrial
relations also includes the processes through which these relationships are expressed (such as, collective bargaining;
worker involvement in decision-making; and grievance and dispute settlement), and the management of conflict between
employers, workers and trade unions, when it arises.
These relationships and processes are influenced by the government and its agencies through policies, laws, institutions
and programmes, and by the broader political, social, economic, technological and cultural characteristics of each country.
The IR policy, legal and institutional framework in a particular country is developed through bipartite consultative processes
(i.e., between employer and worker representatives, and by them, individually, with government) and tripartite consultation
and cooperation (involving government and the social partners).
IR outcomes are a series of rules which apply to work, setting down minimum (and other) wages and terms and conditions
of employment for workers. These employment conditions can cover hours of work, leave, training, termination of
employment and the like, as well as issues related to occupational safety and health, social security (sometimes), and
conditions applying to special categories of workers. These rules also define the roles and responsibilities of the parties,
individually and collectively (eg, through legislation; collective labour agreements; decisions by arbitrators and courts; and
enterprise work rules). IR processes or arrangements have traditionally been expressed through the individual employment
relationship and collective bargaining, and have a mediative function. They are directed to achieving a compromise between
"market forces" (which seek to set the price and quantity of labour) and intervention in the market place by employers,
workers and their representatives (and by government and its agencies, for political and social reasons) which establishes
the various types of rules (noted above) which govern the employment relationship.
The essential rationale for intervention is three-fold - firstly, the right of those involved and affected by decisions in the
marketplace to participate in resolving employment relationship issues; secondly, the function of freedom of association and
collective bargaining in redressing the balance of power between "capital" and "labour"; and, thirdly, to prevent labour
exploitation (eg, sweated and child labour). The relative "balance" between the role of market forces and intervening IR
arrangements in regulating employment relationships will vary between countries.
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(i) Of the Trade Disputes Act which provides that no person may take part in a strike if the strike is not in compliance
with the provisions of this Part or an agreed procedure (The Courts, underlined).
Unfortunately this was not the case. In Botswana labour history, almost all the strikes have been declared illegal. Workers
have argued for instance that it is difficult if not impossible to have a legal strike because the procedures referred to by the
learned judge are so long and in the end frustrate their right to strike. In this respect they have accused the government of
enacting labour laws that favour employers and oppress employees. On the morning of 23 August 2004, over 3,000
Debswana miners went on strike. Without wasting time, management rushed to the Industrial Court, this time demanding not
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BFTU
TAWU
BOGOU
BARGAINING
COUNCIL
BOFEPUSU
BLLAHWU
NALCGPWU
BOSETU
BTU
BOPEU
GOVERNMENT
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