A review and a proposal for updating the Conditions of Employment (Regulation) Act

Abstract

Employment law is a practical subject and, at the same time, a focus of public debate and controversy. Its study contributes to the vocational training and liberal education of both lawyers and non-lawyers. Lawyers approach the subject as a legal discipline but their professional expertise is likely to be enhanced by an appreciation of the socio- economic and, where appropriate, international and comparative contexts. Students of commerce also need to acquire a thorough understanding of employment law if they are to equip themselves for the modern practice of management and trade unionism. The aim of this thesis is to provide lawyers and non-lawyers with a clear, detailed, and contextual exposition of the Conditions of Employment Regulation Act (1952) and proposals for its amendment. A word about the organisation of the thesis may be useful. There are six chapters in this thesis apart from the Introduction, Conclusion and Appendix. The Introduction and Chapter 1 place our employment legislation in its comparative, historical and socio-economic context with emphasis on the public sector employment. Chapter 2 deals with the machinery of the law including the Labour Board, National Standard Orders, Wages Council and Joint Industrial Councils. Chapter 3 discusses overtime, aged, disabled and infirm workers. records of employees and the conditions of employment which have to be brought to notice. Chapter 4 covers cost of living increases, wages linked to age and maternity leave. Everything connected to wages is found in Chapter 5, including deductions from wages, imposition of fines, maintenance orders, the ranking of general privileges and the payment of bonus amongst other topics. Chapter 6 addresses the contract of employment, probation, termination, good and sufficient cause, redundancy and enforcement amongst others. The order of topics is a matter of convenience rather than doctrine. Some experts of employment law will for good reasons prefer to start with the contract of employment, probation, or even redundancy, and it must be admitted that the overview in the introduction is as much as a conclusion. In any case, the overriding aim is the provision of a comprehensive coverage which takes full account of developments and proposals. If one can make any global recommendations arising out of this thesis, it would be that some thought should be given to devising a more coherent and comprehensive employment law~ which apart from anything else will make the inevitable European Union harmonisation a little easier. This is, of course, not the final word on employment law. But I hope it is a useful first step in pulling together a great many fragments.