Business Law - Disagreements Between the Employer and Employee

Business Law Assignment

Student Name: Jawahir Al Zadjali

Student Number: 2012859

1.0. Introduction

Disputes occur when there are disagreements between the employer and employee on certain grounds and this makes the situation to be totally unacceptable. There are many situations when employer and employee do not come onto a single solution and sometimes the employer does not focus on the needs of employees (Gonzalez,, 2008). This creates feeling of frustration among employees and results in labour disputes which are very common in workplace. Industrial disputes are defined as the act which creates mismatch and conflicts to root out between the employer and employee for which they need to look into different procedures and mechanism to solve such disputes by conciliation, mediation or arbitration otherwise the situations worsen leading towards strikes which are not easy to manage.

Strikes are the condition when employees are not ready to continue their work and this situation is very damaging for an existing organization. Strikes are sometimes not easy to handle as it damages the work situations (Murray, 2013). Strike occurs when workers refuse to work in organization and carry protests until their demands are being satisfied. The common reason for having strike is that employees want better working conditions which make them to go on strike and also they want to fight for their rights in organization.

Trade unions are formed by employees as a self-regulating organization is made by employees so that their rights can be protected (Bolle, 2007). The communication between the employer and employee is carried by trade union which has the capability to solve many issues and in modern times trade unions have been a fashion as employee demands should be fulfilled in order to manage the workplace.  Trade unions play a major role in protecting and defending employee rights as they fight for employee rights and are a viable source for maintaining relationship with employees and managing industrial relations. This essay shall be based on evaluation of these concepts related with industrial disputes, strikes and trade union by evaluating the case study of Omani Private School.

2.0. Case Analysis

1. Legal Issues Observed at Omani Private School- Trade Union Resolves Issues

There are many legal issues observed in this case study where Omani teachers have been on strike as they want their demands should be fulfilled which can be summarized as they want more pay based on performance, they demand right to formulate unions and also they are demanding fewer working hours. The teachers have also been demanding that they should be provided with transport by the school and the students should also be provided with facilities related with transport. The major legal issues observed that the teachers want the curriculum of teaching to be changed and also teachers demanding promotion after 4 years which is their legal basic right as promotion should be granted to employees after period of 4 years. The teachers also stated that their salaries should not be cut during holidays which is their basic right and Oman Labour Law has stated that in Ministerial Decision 570 which was presented in 2012 stating that trade union can be formulated by organizations under private sector categorization if they have at least 25 members or more and this union has the right to function independently as legal identity (Burkeen, 2007).