Labour Relations refer to a complex system of individual and collective actions as well as

formal and informal relationships that exist between the State, Employers and Employees
(Du Toit, Erasmus and Strydom, 2007). Relationship in a business is considered to be a
crucial element in Labour Relations. The employers and employees are the primary
participants in the relationship, while the state is the secondary participant. The state’s role is
to provide a framework within which the primary participants can conduct their relationship.
This is done by means of legislations. Different states have different legislations, yet most of
them aim towards the protection of the rights and obligations of employees, and employers in
the organisations. The legislation is set as the “Labour Relation act” whose purpose is to
“advance economic development, social justice, labour peace and a democratisation at the
workplace” (Nel, Van Dyk, Haasbroek, Schultz, Sono and Werner, 2004).
The Labour Relation Act specifies the rights and obligations of employees, and employers
through a focus of freedom of association, organisational rights, unfair dismissal, unfair
labour practice as well as strikes and lock outs. Employers and employees have
responsibilities to each other; they should also expect their rights to be upheld. These rights
and responsibilities relate to area s such as Health and Safety, the provision of Terms and
Conditions of Employment, Equal Opportunities and the right to be paid a Minimum Wage.
Employers and employees need to have some system for communicating their views and
requirements to each other.

Employee-employer relations take place at two main levels which are Individual relationships
Collective relationships. An individual’s relationship is with their employer and relates to
their contract of employment and conditions of work. Collective relationships involve groups
of employees and often involve trade unions. Employees are expected to receive the terms
and conditions of their work setting out when their work begin. It describes the employees
what their main duties are, who they are accountable to, rates of pay, and other entitlements.
The terms and conditions are to be clearly specified in an “Employment Contract”.

The employment contract is “a legally binding agreement between worker and employer that
sets out the terms and conditions of the job. It contains detail of the workers responsibilities,
rights and conditions of work” (Stimpson, 2004). The agreed employment contract should
define the following features;
(i) The employee is requested to arrive at work on time, dress suitably for the job
(including wearing appropriate safety equipment if ever required), work to the
best of his ability, respect the employer, colleagues and customers, take care of the
employer’s property, follow the employer’s reasonable and lawful instructions,
obey safety rules, ask for help whenever needed, know what the employer expects
him to do, if he can’t be at work for any reason (for example, the employer’s
policy on how to advise when the employee is sick), not discriminate or harass
others in the workplace, not act in a way that puts the employees or others at risk
of injury in the workplace.
(ii) The employee is entitled to be paid the right wage for the job he doe, be protected
from unfair dismissal, be protected of his workplace rights. Be protected from
unlawful discrimination Sick leave, annual leave, public holidays, family leave
 and long service leave Freedom to belong to or not belong to a union. Receive his
wages without unlawful deduction (lawful deductions include income tax or any
deduction he authorises in writing).
(iii) Freedom of association: Freedom of association means that employees have the
right to form or to join a trade union of their choice. They have the right t o
participate in the lawful activities of the trade union ((Du Toit et al., 2007). The
protection of the freedom of association in the Labour Relation Act (LRA) must
be within the context of the fundamental rights of freedom of association
contained in the International Labour Organisation (ILO) abiding to the
Constitution of the country. According to the Government Gazette of Mauritius
(2008: 528), every worker shall have the right to establish or join, as a member, a
trade union of his own choice, without previous authorisation and without
distinction whatsoever or discrimination of any kind including discrimination as to
occupation, age, marital status, sex, sexual orientation, colour, race, religion, HIV
status, national extraction, social origin, political opinion or affiliation. Employers
also have similar rights to form or join an employers’ organisation, such as the
Mauritius Employers Federation (MEF), in Mauritius.
(iv) Organisational Rights: Trade Unions may apply for, and exercise organisational
rights in respect of the employer’s premises. The trade union is allowed access to
the employer’s premises to recruit members, to communicate with them and to
represent members’ interests. Subject to conditions regarding time and place, to
safeguard life and property, or to prevent undue disruption of work, trade unions
are allowed access within the employer’s premises to hold meetings after the
normal working hours (Du Toit et al., 2007:252). The employer and the trade
union are engaged in wage negotiations and general conditions of work for the
employees.
(v) Unfair dismissal: As stipulated in the Labour Relation Act, section 185, a
dismissal is unfair if the employee has exercised a right conferred by the LRA
itself, example, the right to freedom of association. The dismissal is unfair if it
relates to discrimination of the age, gender, language or political beliefs (Du Toit
et al., 2007).