- 19 Jun 2009 14:43
#13068130
"All issues are political issues, and politics itself is a mass of lies, evasions, folly, hatred and schizophrenia" Orwell
E l/r -10 : L/A -7.64
The following bill is being put forth by the members of SN-RF for consideration by the full house of parliament.
Voting shall run for three full days. Polls shall "officially" open at 2:00 pm GMT and will close on Monday, June 22, 2009 at the same time. To reiterate, that is June 19 until June 22 at 2:00 pm GMT.
The appropriate voting parameters are as follows:
Aye: support for the bill.
Nay: Against the bill.
Abstain: Neither for nor against. (Per interim constitution these votes will be thrown out).
No vote at all: Counted as Abstention.
Redundancy Consultation Act 2009
General
1 a)The provisions apply to all employers and employees except those described below. They apply regardless of how long employees have worked for their employer or for how many hours a week they are employed.
b)The provisions do not cover:
i. anyone who is not an employee - for example, an independent contractor or freelance agent;
ii. members of the police service and armed forces;
iii. masters and crew members engaged in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel;
iv. employees employed for a fixed term of three months or less, or engaged for a specific task which is not expected to last more than three months, unless in either case the job actually lasts for more than three months.
2) The obligation shall apply even when an employer intends to offer alternative employment on different terms and conditions to some or all of the employees.
Consultation
1) Employers are under no specific legal obligation to consult employee representatives or notify the Council in cases falling below the twenty redundancies threshold. However, they may be at risk of legal action if they fail to warn and consult individual employees who are to be dismissed in such cases, fail to apply dispute resolution procedures when required, or fail to adopt a fair basis for selection or to take reasonable steps to redeploy such employees.
2 a) An employer proposing to make collective redundancies must first consult appropriate representatives of any employees who may be affected by the dismissals (or by measures taken in connection with them).
b) Where those affected are represented by an independent trade union recognised for collective bargaining purposes, the employer must inform and consult an authorised official of that union. This may be a shop steward or a district union official or, if appropriate, a national or regional official.
c) The employer is not required to inform and consult any other employee representatives in such circumstances, but may do so voluntarily if desired.
d) A trade union may be recognised for one group of employees in a company, but not for another.
3a) Where employees who may be affected by the proposed dismissals, or by measures taken in connection with them, are not represented by a trade union as described above, the employer must inform and consult other appropriate representatives of those employees.
b) These may be either existing representatives or new ones specially elected for the purpose. It is the employer’s responsibility to ensure that consultation is offered to appropriate representatives.
c) If they are to be existing representatives, their remit and method of election or appointment must give them suitable authority from the employees concerned.
4 a) Representatives may be specially elected
b) Where an employee representative is elected but subsequently ceases to act as such and, in consequence, certain employees are no longer represented, another election should be held
c) In non-union cases, where affected employees fail to elect representatives, having had a genuine opportunity to do so, the employers concerned may fulfil their obligations by providing relevant information to those employees directly.
5) Employees may be affected by the proposed dismissals, or by measures taken in connection with them, even though they themselves are not to be dismissed. In the event of a dispute, whether or not any particular employee or class of employees was affected would be for an NEC tribunal to decide.
7a) The employer must begin the process of consultation in good time and complete the process before any redundancy notices are issued.
b) consultation must begin at least:
i) thirty days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where between 20 and 99 redundancy dismissals are proposed at one establishment within a period of ninety days or less;
ii) ninety days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where 100 or more redundancy dismissals are proposed at one establishment within a period of ninety days or less.
d) An employer who has already begun consultations about one group of proposed redundancy dismissals and later finds it necessary to make a further group redundant does not have to add the numbers of employees together to calculate the minimum period for either group.
c) In a case where employee representatives are to be specially elected, the employer will need to ensure that the election is completed and the representatives are in place (having had an opportunity for appropriate training if necessary) in time to allow the consultation process to be completed before any redundancy notices are issued.
Information to be disclosed
1) The employee representatives will need enough information about the employer’s proposals to be able to take a useful and constructive role in the process of consultation. An employer must therefore disclose certain information in writing.
This must be:
i. handed to each of the appropriate representatives; or
ii. sent by post to an address notified to the employer, or in the case of a trade union, to the address of the union’s head or main office.
2) The employer must disclose:
i. the reasons for the proposals;
ii. the numbers and descriptions of employees it is proposed to dismiss as redundant;
iii. the total number of employees of any such description employed by the employer at the establishment in question;
iv. the proposed method of selecting the employees who may be dismissed;
v. the proposed method of carrying out the dismissals, taking account of any agreed procedure, including the period over which the dismissals are to take effect;
vi. the proposed method of calculating any redundancy payments, other than those required by statute, that the employer proposes to make.
Scope of consultation
1) The consultation is to include ways of avoiding the redundancy situation or dismissals, of reducing the number of dismissals involved and mitigating the effects of the dismissals. Consultation should be genuine and must be undertaken with a view to reaching agreement with the employees’ representatives. Employers and employee representatives should work together to try to find common solutions.
2) Where consultation has not been completed by the end of the 30 or 90 day period, employers should continue the consultation beyond the 30 or 90 day period.
b) However, it is not necessary for the parties to have reached agreement for the consultation to be complete, although it is necessary for both parties to have undertaken genuine consultation 'with a view to reaching agreement'.
3) If either party believes the other has not undertaken genuine consultation 'with a view to reaching agreement', either party may refer the dispute to the NEC, the dispute will be referred to arbitration and the results of the arbitration shall be binding on the parties.
Penalty for non-compliance
1a) Failure to consult is considered a violation of an employee's statutory rights and protections.
b) i. Criminal Penalties: If an employer is found to have willfully or repeatedly violated employees' rights the Minister for Labour and Industrial Affairs may institute legal proceedings that could lead, on summary conviction, to a fine of up to $20,000 (this upper limit is subject to review from time to time).
ii. Civil Penalties: Provides for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated employees' rights.
iii. Employees who are judged by a NEC tribunal to have had their rights wilfully or repeatedly violated may be granted legal representation and a civil action instituted on their behalf.
Voting shall run for three full days. Polls shall "officially" open at 2:00 pm GMT and will close on Monday, June 22, 2009 at the same time. To reiterate, that is June 19 until June 22 at 2:00 pm GMT.
The appropriate voting parameters are as follows:
Aye: support for the bill.
Nay: Against the bill.
Abstain: Neither for nor against. (Per interim constitution these votes will be thrown out).
No vote at all: Counted as Abstention.
Redundancy Consultation Act 2009
General
1 a)The provisions apply to all employers and employees except those described below. They apply regardless of how long employees have worked for their employer or for how many hours a week they are employed.
b)The provisions do not cover:
i. anyone who is not an employee - for example, an independent contractor or freelance agent;
ii. members of the police service and armed forces;
iii. masters and crew members engaged in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel;
iv. employees employed for a fixed term of three months or less, or engaged for a specific task which is not expected to last more than three months, unless in either case the job actually lasts for more than three months.
2) The obligation shall apply even when an employer intends to offer alternative employment on different terms and conditions to some or all of the employees.
Consultation
1) Employers are under no specific legal obligation to consult employee representatives or notify the Council in cases falling below the twenty redundancies threshold. However, they may be at risk of legal action if they fail to warn and consult individual employees who are to be dismissed in such cases, fail to apply dispute resolution procedures when required, or fail to adopt a fair basis for selection or to take reasonable steps to redeploy such employees.
2 a) An employer proposing to make collective redundancies must first consult appropriate representatives of any employees who may be affected by the dismissals (or by measures taken in connection with them).
b) Where those affected are represented by an independent trade union recognised for collective bargaining purposes, the employer must inform and consult an authorised official of that union. This may be a shop steward or a district union official or, if appropriate, a national or regional official.
c) The employer is not required to inform and consult any other employee representatives in such circumstances, but may do so voluntarily if desired.
d) A trade union may be recognised for one group of employees in a company, but not for another.
3a) Where employees who may be affected by the proposed dismissals, or by measures taken in connection with them, are not represented by a trade union as described above, the employer must inform and consult other appropriate representatives of those employees.
b) These may be either existing representatives or new ones specially elected for the purpose. It is the employer’s responsibility to ensure that consultation is offered to appropriate representatives.
c) If they are to be existing representatives, their remit and method of election or appointment must give them suitable authority from the employees concerned.
4 a) Representatives may be specially elected
b) Where an employee representative is elected but subsequently ceases to act as such and, in consequence, certain employees are no longer represented, another election should be held
c) In non-union cases, where affected employees fail to elect representatives, having had a genuine opportunity to do so, the employers concerned may fulfil their obligations by providing relevant information to those employees directly.
5) Employees may be affected by the proposed dismissals, or by measures taken in connection with them, even though they themselves are not to be dismissed. In the event of a dispute, whether or not any particular employee or class of employees was affected would be for an NEC tribunal to decide.
7a) The employer must begin the process of consultation in good time and complete the process before any redundancy notices are issued.
b) consultation must begin at least:
i) thirty days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where between 20 and 99 redundancy dismissals are proposed at one establishment within a period of ninety days or less;
ii) ninety days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where 100 or more redundancy dismissals are proposed at one establishment within a period of ninety days or less.
d) An employer who has already begun consultations about one group of proposed redundancy dismissals and later finds it necessary to make a further group redundant does not have to add the numbers of employees together to calculate the minimum period for either group.
c) In a case where employee representatives are to be specially elected, the employer will need to ensure that the election is completed and the representatives are in place (having had an opportunity for appropriate training if necessary) in time to allow the consultation process to be completed before any redundancy notices are issued.
Information to be disclosed
1) The employee representatives will need enough information about the employer’s proposals to be able to take a useful and constructive role in the process of consultation. An employer must therefore disclose certain information in writing.
This must be:
i. handed to each of the appropriate representatives; or
ii. sent by post to an address notified to the employer, or in the case of a trade union, to the address of the union’s head or main office.
2) The employer must disclose:
i. the reasons for the proposals;
ii. the numbers and descriptions of employees it is proposed to dismiss as redundant;
iii. the total number of employees of any such description employed by the employer at the establishment in question;
iv. the proposed method of selecting the employees who may be dismissed;
v. the proposed method of carrying out the dismissals, taking account of any agreed procedure, including the period over which the dismissals are to take effect;
vi. the proposed method of calculating any redundancy payments, other than those required by statute, that the employer proposes to make.
Scope of consultation
1) The consultation is to include ways of avoiding the redundancy situation or dismissals, of reducing the number of dismissals involved and mitigating the effects of the dismissals. Consultation should be genuine and must be undertaken with a view to reaching agreement with the employees’ representatives. Employers and employee representatives should work together to try to find common solutions.
2) Where consultation has not been completed by the end of the 30 or 90 day period, employers should continue the consultation beyond the 30 or 90 day period.
b) However, it is not necessary for the parties to have reached agreement for the consultation to be complete, although it is necessary for both parties to have undertaken genuine consultation 'with a view to reaching agreement'.
3) If either party believes the other has not undertaken genuine consultation 'with a view to reaching agreement', either party may refer the dispute to the NEC, the dispute will be referred to arbitration and the results of the arbitration shall be binding on the parties.
Penalty for non-compliance
1a) Failure to consult is considered a violation of an employee's statutory rights and protections.
b) i. Criminal Penalties: If an employer is found to have willfully or repeatedly violated employees' rights the Minister for Labour and Industrial Affairs may institute legal proceedings that could lead, on summary conviction, to a fine of up to $20,000 (this upper limit is subject to review from time to time).
ii. Civil Penalties: Provides for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated employees' rights.
iii. Employees who are judged by a NEC tribunal to have had their rights wilfully or repeatedly violated may be granted legal representation and a civil action instituted on their behalf.
"All issues are political issues, and politics itself is a mass of lies, evasions, folly, hatred and schizophrenia" Orwell
E l/r -10 : L/A -7.64
- By Puffer Fish