SO 2018-08 On the Rights and Protections of Employers and Employees

Go down

SO 2018-08 On the Rights and Protections of Employers and Employees

Post by Libertarian Democracy on Mon Jan 08, 2018 8:21 pm

Senate of the Parliamentary Union
SO 2018-08
On the Rights and Protections of Employers and Employees
 
Article I: Preface
In order to regulate the conditions of employment by the Government and by private entities, we, the Parliament of the Union, move to establish these guidelines for employment relations in the Union.
 
Article II: Definitions
Section A: The Government
1 – A “government entity” is defined as an agent of the Government of the Union, be it a Ministry, Department, Office, or other division of the Government, or a nation representing such a division.
2 – A “government employer” is defined as an appointed member of the Government of the Union, that is, a minister of the Union, or a head of a department or any other subdivision of a Union Ministry.
3 – A “government employee” is defined as a nation which performs specific duties for a government entity, and is under the supervision of a government employer.
4 – An “elected official” is defined as an elected member of the Government of the Union, that is, the Prime Minister, the President, or the Founder.
 
Section B: Private Entities and Individuals
1 – A “private entity or individual” is defined as a nation or organization which, not acting as an agent of the Government of the Union, exists in the Union.
2 – A “private employer” is defined as a private NGO or individual which, in a given non-government related context, detains executive power over the action and operations of one or more other private individuals.
3 – A “private employee” is a private individual who, in a given non-government related context, performs specific actions and operations for another private entity or individual, under the latter’s supervision.
 
Section C: Other Definitions
1 – A “relationship of employment” is defined as a state existing between two entities or individuals where one is an employer and one is an employee.
2 – A “third party” is defined as an entity or individual which, in a given context, cannot be defined under Sections A or B of this Article.
 
Article III: Conditions of Government Employment
Section A: Terms of Employment
1 – A relationship of employment is established by a recorded agreement between the employer and employee concerned to that effect, duly dated and announced by public notice.
2 – A relationship of employment is terminated by the announcement of either employer or employee to the other of a decision by one such party to that effect, such a termination being duly dated and announced by public notice.
3 – At the commencement of an relationship of employment, an employer shall provide to each employee a notice, in the official language of the Union, containing the following information:
(a) the scope, duties, and privileges associated with the position of the employee;
(b) the name of the employer’s nation, and of their forum account (if applicable);
(c) that an employee may enjoy periods of leave of absence, duly announced in accordance with guidelines and limits set by the employer (clearly specified), and whose relationship of employment may not be terminated for taking such leave of absence except under such circumstances as are made exception by this Act.
 
Section B: Employer Privileges
1 – A government employer may keep personal records relating to his employees’ performance.
2 – A government employer may unilaterally terminate a relationship of employment if the employee in question fails to adequately fulfil his obligations under Section E of this Article, excepting circumstances defined under Section D.1 of this Article.
 
Section C: Employer Obligations
1 – A government employer must recognize the limits of reality in the expectations he sets for his employees, and may not retaliate against an employee for failure to fulfill unreasonable demands.
2 – A government employer may not terminate a relationship of employment unless the employee is in unreasonable neglect of the scope, duties, and privileges associated with his position defined under Section E of this Article.
3 – A government employer must duly inform an employee if he decides to terminate their relationship of employment, with the date and time at which said termination takes effect.
 
Section D: Employee Privileges
1 – A government employee enjoys the privilege to unilaterally take a certain amount of leave of absence, defined as a time during which he is not fulfilling the obligations of Section E of this Article, if he gives due notice of his intent to take such leave of absence.
(a) For the first twenty (20) days in his position, a government employee make take up to four (4) days of leave of absence; thereafter, for every four (5) days the employee has been in his position (not counting leave of absence), he may take one (1) day of leave of absence, up to a cumulative maximum of fourteen (14) days of leave of absence.
2 – Every current and former employee, or his or her representative, has the right to inspect and receive on request a copy of the personnel records that the employer maintains relating to that employee's performance or to any grievance concerning the employee.
3 – A government employee has the right to not have their relationship of employment terminated without due and specified cause.
4 – A government employee has the right to not be fired for exercise of rights under this Act.
 
Section E: Employee Obligations
1 – A government employee has the obligation to perform their duties with assiduity and reasonable efficiency to the best of his capacity.
2 – A government employee must duly inform his employer if he decides to terminate their relationship of employment, with the date and time at which said termination takes effect.
 
Section F: Scope
This section applies to the conditions of government employment, and those relationships of employment that are agreed to between government employers and government employees.
 
Article IV: Conditions of Private Employment
Section A: Terms of Employment
1 – A relationship of employment is established by a recorded agreement between the employer and employee concerned to that effect, specifying the scope, duties, and privileges associated with the position of the employee, duly dated and recognized by all parties directly involved.
2 – A relationship of employment is terminated by the announcement of either employer or employee to the other of a decision by one such party to that effect, such a termination being duly dated and recognized by all parties directly involved.
3 – At the commencement of a relationship of employment, an employer shall provide to each employee a notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information:
(a) the scope, duties, and privileges associated with the position of the employee;
(b) the name of the employer’s nation, and of their forum account (if applicable);
(c) that an employee may enjoy periods of leave of absence, duly announced in accordance with guidelines and limits set by the employer (clearly specified), and whose relationship of employment may not be terminated for taking such leave of absence except under such circumstances as are made exception by this Act.
 
Section B: Employer Privileges
1 – A private employer may keep personal records relating to his employees’ performance.
2 – A private employer may unilaterally terminate a relationship of employment if the employee in question fails to adequately fulfil his obligations as defined under Section A.1 of this Article, excepting circumstances defined under Section D.1 of this Article.
 
Section C: Employer Obligations
1 – A private employer may not retaliate against an employee for failure to fulfill unreasonable demands.
2 – A private employer may not terminate a relationship of employment unless the employee is in unreasonable neglect of the scope, duties, and privileges associated with his position as appropriately defined under Section A.1 of this Article.
3 – A private employer must duly inform an employee if he decides to terminate their relationship of employment, with the date and time at which said termination takes effect.
 
Section D: Employee Privileges
1 – A private employee enjoys the privilege to unilaterally take a certain amount of leave of absence, defined as a time during which he is not fulfilling the obligations of his position as defined under Section A.1 of this Article, if he gives due notice of his intent to take such leave of absence.
(a) The specifics of the accumulation and use of the number of days an employee may take in leave of absence must be clearly defined at the beginning of any relationship of employment in the agreement to that effect under Section A.1 of this Article.
2 – Every current and former employee, or his or her representative, has the right to inspect and receive on request a copy of the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee.
3 – A private employee has the right to not have their relationship of employment terminated without due and specified cause.
4 – A private employee has the right to not be fired for exercise of rights under this Act.
 
Section E: Employee Obligations
1 – A government employee has the obligation to perform their duties with assiduity and reasonable efficiency to the best of his capacity.
2 – A government employee must duly inform his employer if he decides to terminate their relationship of employment, with the date and time at which said termination takes effect.
 
Section F: Scope
This section applies to the conditions of private employment, and those relationships of employment that are agreed to between private employers and private employees.
 
Article V: Enforcement
Section A: Collective Bargaining
1 – All government and private employees enjoy the right to form and join collective bargaining organizations (CBOs), which must be properly registered as Section C NGOs under SO#2017-60.
2 –Such CBOs may represent the interests of all employees who have accepted such representation in discussion concerning conditions of employment with those employees’ employer(s).
3 – Employers must negotiate with the CBO(s) representing their employees concerning the terms of the agreement(s) to enter relationships of employment affecting such employees, and concerning any modifications to such terms.
4 – The result of such negotiations will be a Collective Employment Agreement (CEA), agreed to by the employer(s) and CBO(s) concerned, which shall determine the terms of the agreement(s) to enter relationships of employment affecting the employees represented by the CBO(s) concerned.
5 – If a CBO believes that the terms of a CEA concerning an employee that it represents are being violated by an employer, or if an employer believes such terms are being violated by a CBO, and the aggrieved party files a complaint with the The Office of the Union Prosecutor under the provisions of SO#2017-14 (“On Judicial Rights and Procedures”), the employer or CBO may be found guilty of Violation of Collective Employment Agreement (VCEA), hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), and bearing the penalties as follows:
(a) If the employer is a government employer or a private individual, VCEA shall bear the penalties of a misdemeanor.
(b) If it is a first or second offense for a CBO, and if the employer is a private entity - regulated under SO#2017-60 (“On Non-Governmental Organizations”) - the NGO concerned shall have its Licence to Operate as a Non-Governmental Organization (LONGO) temporarily suspended for a period ranging from seven (7) to fourteen (14) days, or up to thirty (30) days for a second offense, determined by the court.
(c) If it is a third offense for a CBO, and if the employer is a private entity - regulated under SO#2017-60 (“On Non-Governmental Organizations”) - the NGO concerned shall have its Licence to Operate as a Non-Governmental Organization (LONGO) revoked.
 
Section B: Unfair Labor Practices
1 – It shall be an unfair labor practice for an employer to:
(a) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section A of this Article;
(b) dominate or interfere with the formation or administration of any CBO;
(c) encourage or discourage membership in any CBO by discrimination in regard to conditions and relationships of employment, provided that the employer has not agreed to a CEA with a CBO which mandates certain employees be required to be members of or join that CBO;
(d) terminate a relationship of employment with an employee because he has filed charges or given testimony with respect to cases brought under this Section;
(e) refuse to bargain collectively with the representatives of his employees;
2 – It shall be an unfair labor practice for a CBO to:
(a) restrain or coerce employees in the exercise of their rights guaranteed in Section A of this Article, provided that this shall not hamper the right of the CBO to prescribe its own rules with respect to the acquisition or retention of its membership;
(b) restrain or coerce an employer in the selection of his representatives for the purposes of collective bargaining under Section A of this Article;
(c) cause or attempt to cause an employer to discriminate against an employee in violation of Section B.1.c or to discriminate against an employee whose membership in the CBO concerned has been denied or terminated;
(d) refuse to bargain collectively with the employer of an employee member of the CBO concerned as per Section A of this Article;
(e) institute excessive terms of membership if the CBO concerned has agreed to a CEA with an employer which mandates certain employees be required to be members of or join that CBO;
3 – The expression of any views, argument, or opinion shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Section, if such expression contains no threat of reprisal or force or promise of benefit.
4 – An employer or a CBO may be found guilty of Unfair Labor Practice, hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), and bearing the penalties as follows:.
(a) If the employer is a government employer or a private individual, Unfair Labor Practice shall bear the penalties of a misdemeanor.
(b) If it is a first or second offense for a CBO, and if the employer is a private entity - regulated under SO#2017-60 (“On Non-Governmental Organizations”) - the NGO concerned shall have its Licence to Operate as a Non-Governmental Organization (LONGO) temporarily suspended for a period ranging from seven (7) to fourteen (14) days, or up to thirty (30) days for a second offense, determined by the court.
(c) If it is a third offense for a CBO, and if the employer is a private entity - regulated under SO#2017-60 (“On Non-Governmental Organizations”) - the NGO concerned shall have its Licence to Operate as a Non-Governmental Organization (LONGO) revoked.
 
Article VI: Specific Provisions
Section A: Essential Government Operations
1 – A government operation qualifies as essential if it is:
(a) Absolutely indispensable to the immediate survival of the Union as an entity;
(b) Explicitly defined as such under the terms of the relationship of employment explicated as per Article III.A.1;
(c) Otherwise specified as such by an Act of Parliament or appropriately promulgated Government ordinance.
2 – Government employees may not take leave of absence under Article III.D.1 if such an absence would cause the halt of any government operations qualifying as essential.
3 – Government employees contributing to any government operations qualifying as essential must give reasonable warning of their intention to terminate a relationship of employment to their employer.
4 – Government employees who fail to follow the provisions of this Section may be found guilty of Neglect of Duty, hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), and bearing the penalties of a misdemeanor.
5 – Government employees who intentionally, and with intention to harm, fail to follow the provisions of this Section may be found guilty of Undermining the Union’s Existence, hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), and bearing the penalties of a felony.
 
Section B: State of Emergency
1 – During a State of Emergency properly declared under SO#2017-34 (“Union Charter of Rights and Freedoms”), and for the duration of the said State of Emergency and any extensions thereof, Articles III.C.1, III.C.2, III.D.1, III.D.2, and III.D.3 may be waived, provided the Declaration of State of Emergency in force (directly or via Extension) list those Articles as waivable.
2 – The invocation of Section B.1 of this Article may not be allowed to infringe the spirit of cooperation between employer and employee, and must be limited to extreme and exceptional circumstances.
 
Section C: International Operations
1 – Government employers and employees, operating in those functions while not residing in the Union, are subject to the provisions of this Act, as well as any provisions which may apply in the region in which they are operating, provided the provisions of this Act do not contradict those which apply in the region concerned.
2 – Private employers and employees, being part of an international operation spanning across the borders of the Union, are treated as other domestic operations as concerns the provisions of this Act.
 
Article VII: Conclusion
We, the Parliament of the Union, do hereby enact the provision of this document into law as “[The Act] On the Rights and Protections of Employers and Employees [2018]”.


January 1, 2018
The Right Honorable Leader of Parliament, the Baron Abdoa, MP LSM GSM
The Right Honourable Minister of Jurisprudence Lord Libertarian Democracy, RO MP LSM GSM




Debate Scheduled 25 - 26 January 2018
Vote Scheduled 27 - 29 January 2018
Vote Failed 30 January 2018

Status: FAILED

_________________

The Right Honourable Minister of Jurisprudence Lord Libertarian Democracy, RO MP LSM GSM
Baron of the Union
Speaker pro Tempore of Parliament
General-Secretary of the Classical Liberal Party
avatar
Libertarian Democracy



Posts : 876
Join date : 2015-10-25

Back to top Go down

Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum