Legal Aspects of Business
Legal Aspects of Business
Students are expected to write following :
Define and explain the terms viz. Industrial dispute , strike and trade union.
Discussion on the advantages of Trade Union with citations.
Discussion on lawful and unlawful strike with citations
Students are expected to refer cases of Industrial disputes, Trade Union and strikes on Proquest.
(Minimum Three citations are to be incorporated)
Al Badar Marble, located at Sur is an LLC that manufactures Marble and Ceramic tiles used for floors, walls and exteriors in office and home spaces. The company has a workforce up to 1000 employees. . The company is well known, flourishing and making profits consistently with a clientele extended across the Oman. With the profits gained from this manufacturing unit, it also extended itself to establish 3 ancillary units and other tiles manufacturing unit in Sohar.
The workers of this company have been constantly pushed into turmoil due to the management’s harsh and coercive methods of extracting work in violation of Omani labour laws. In the first place the management never allowed the workers to form a Trade Union. Those workers who even entertained such a thought, the management promptly served dismissal orders of the management. The said union disappeared shortly within its formation as all its office bearers were removed from service on false charges. From then onwards none of the workers dared to form a Union. With this confidence the management exploited the workers by paying low wages, not following the 8 hour working days, nonpayment of bonus, not paying equal wages for women workers, lack of safety measures, biased promotions, no fixed date in payment of salary and many other acts which hamper the livelihood, safety and dignity of the workers, in addition to violation of labour laws.
In the face of mounting violation of labour laws, all the workers again came together and formed a Union and got it registered. When the management came to know that the registration of this Union was pending before the Registrar, Trade Unions, it immediately started its tyrannical methods by issuing transfer orders with malice intention to the 9 office bearers by posting them at the Sohar manufacturing unit. Workers made a several requests to the management to revoke the order of transfer, but due to the adamant attitude of the management all efforts went in vain. Moreover, the management warned the workers by threatening them that they will destroy their future if they raise an issue of revocation of transfer orders.
The management also started a campaign of blaming the workers for the low figures of production. All of a sudden, the management imposed a condition that all workers have to sign an undertaking for not to form trade union which is illegal. Up to 500 workers refused to sign the undertaking imposed by the management. The management gave instructions to the security people that those workers who did not sign the undertaking will not be allowed into the factory. From that day onwards workers who opposed the undertaking were not allowed into the factory.
Subsequently agitation erupted among worker at the Al Badar Marble area and workers decided to go on strike.
An identification of the legal issues regarding employer relations based on the analysis of the facts in the given case.
While analyzing this case, students are expected to identify the legal issues regarding the relationship of employer and employee and justify them with the relevant citations.
A discussion on the role of trade unions in bringing harmony to the employee-employer relationship with examples in the given case.
Explain the role of trade unions in bringing harmony to the employee -employer relationship in Oman. The legal issues related to employee relations, trade union and strikes are to be justified in the light of the legal provisions of Omani Labour Law with relevant citations.
Provisions from the Omani Labour Law, which are related to a Trade Union, dispute resolving process and lawful strike .
Suggest the procedure of lawful strike and dispute resolution methods to the workers of Al BadarMarble under the Omani Labour Law.
Students are expected to discuss the facts of the case and suggest the employees the procedures of lawful strike and dispute resolution given under the Omani Labour Law.
Write a report covering the following:
1. An identification of the legal issues regarding employer-employee relations based on the analysis of the facts in the given case.
2. A discussion on the role of trade unions in bringing harmony to the employee-employer relationship with examples in the given case.
3. Suggestions on the lawful procedure of strike and dispute resolution to the workers of Al Badar Marble under the Omani Labour Law.
Students are expected to write in brief, how the industrial dispute in the given case occurred and what precautionary measures should be taken by Al Badar Marble to avoid Industrial disputes in future ?
References: Students are expected to refer the academic source of information. Reference should be according to Harvard reference style.
example for that
meaning of the trade union , industrial dispute and strike ( with in that reference )
task 1 :-
analysis of the case and identification of legal issues in the case ( cause of dispute )
task 2 :-
dispute settlement procedure
under labour low and article 104 , 105 can employee at al badar company go an strike ? – M.D.575/2013
link in with the case
task 3 :-
trade unions in oman and process of registration of trade union in oman .
article 107 , 108 .109 from oman labour law ( link with case )
References are from the year 2005 and above
Note to rely on the law of the Oman Labour facility and also the Ministry of Manpower laws