منتديات الباحثين في الدراسات الخاصة بمترجمي العربية وتأهيل المترجمين

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Text on strikes and labor relations

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  • Course Text on strikes and labor relations

    Text 9 for trainee
    Click image for larger version  Name:	370e1897-39ce-404d-a818-2536977f4374.jpg Views:	106 Size:	275.4 KB ID:	6877
    Trainee's translation
    In recent years, the Jordanian labor market has witnessed an increase in the number of demonstrations, protests, and labor disputes and strikes. These means can be inserted - to some extent, with the exception of strikes, under opinion expressing. However, the practice of these means has overlapped and varied, as it aims either to demand specific rights, or to put pressure to take general or specific decisions, or even to issue and amend laws. It is worth noting that labor disputes and/or strikes arose in private institutions and projects, as a result of a lack of balance between the interests of the two parties of the employment contract (workers and employers) or because of a conflict of these interests. Therefore, workers have to strike to achieve that balance, which is one of the means of putting pressure on employers to improve the position of workers in individual or collective employment contracts.

    However, that mean has moved to state's public utilities where the interests of the workers in those utilities do not compatible nor conflict with their interest, which is the public interest. The public employee has no contractual relationship with the utility in which they work, to seek to amend it in their favor by means of a strike. The public employee's relationship with the public utility derives from the law, which is an expression of the will of society. Here, we face a public interest and private interest established by law, not a private interest with a private interest balanced by a contract. Therefore, this study targets the utilities of the private sector which witnessed labor disputes and strikes and deposited their group agreements at the Ministry of Labor.

    Jordanian governments have been keen to provide balanced relationships between work and production parties represented by workers, employers and relevant official institutions, and that these relations to be characterized by dialogue and a deep understanding of rights and obligations. Such relationships were framed by the labor law and the regulations issued thereunder, and by the formation of a tripartite committee (the government / workers / employers) to decide on issues related to the work parties. These legislations also included workers' right to strike, but at the same time they organized the exercise of that right within limits and frameworks that do not harm the interest of society, and take into account the interests of workers; meaning that workers' right to strike is legal, but it is not absolute.

    Soft Edits:
    The Jordanian labor market, in recent years, has witnessed an increase in the number of demonstrations, protests, sit-ins, labor disputes and strikes. These means, with the exception of strikes, can fall under the category of opinion expressing. However, the practice of these means has become overlapped and varied, as they aim either to demand specific rights, or to put pressure to take general or specific decisions, or even to issue and amend laws. It is worth noting that labor disputes and/or strikes evolved in private businesses and enterprises, as a result of a lack of balance between the interests of the two parties of the employment contract (workers and employers) or because of a conflict of these interests. Therefore, workers resort to strikes to achieve that balance, which is one of the means of putting pressure on employers to improve the position of workers in individual or collective employment contracts.

    However, the use of such means has moved to state's public facilities where the interests of the workers are not relevant, as they are supposed to be working for public interest. A public servant has no contractual relationship with the public facility in which they work, that would otherwise entitle them to seeking to amend it in their favor by means of a strike. The public servant’s relationship with the public facility derives from the law, which is an expression of the will of society. That is to say a strike in a public facility shows a conflict between public interest and private interest, both already established by law. This is in contrast with what happens in other settings, where one’s private interest is not compatible with that of another, in accordance with a contract. Therefore, this study targets private sector businesses which witnessed labor disputes and strikes resulting in collective agreements deposited with the Ministry of Labor.

    Successive Jordanian governments have been keen to provide balanced relationships between work and production parties represented by workers, employers and relevant official institutions, and that these relations to be characterized by dialogue and a deep understanding of rights and obligations. Such relationships were framed by the labor law and the regulations issued thereunder, and by the formation of a tripartite committee (the government / workers / employers) to decide on issues related to the work parties. These legislations also included workers' right to strike, but at the same time they organized the exercise of that right within limits and frameworks that do not harm the interest of society, and take into account the interests of workers. That is to say workers' right to strike is legal, but it is not absolute.

    Deep Edits:

    The Jordanian labor market has seen in recent years a rise in the number of demonstrations, protests, sit-ins, labor disputes, and strikes. With the exception of strikes, these methods are all considered to be means of opinion, often overlapping and varied. They are used either to demand specific rights, to exert pressure to make specific or general decisions, or even to pass or amend laws. It is important to note that labor disputes and/or strikes have occurred in private enterprises and businesses due to the unbalanced interests of the two parties involved in an employment contract (employers and employees). In order to achieve that balance, workers resort to strikes, one way to exert put pressure on employers to improve the working conditions of their employees.

    Such practices, however, have been extended to public facilities where the interests of workers are not relevant, since they are supposed to be working in the public interest. Employees of public facilities do not have a contractual relationship with the institution where they work, which would allow them to seek to amend the contract in their favor through strikes. Public servants' relationships with public facilities are defined by law, which is an expression of society's will. In other words, a strike in a public facility shows a conflict between public interest and private interest, both of which are already regulated by law. The situation differs from what occurs in other settings, in which one's private interests are in conflict with those of another. In this study, the focus is on businesses in the private sector that witnessed labor disputes and strikes resulting in collective agreements that have been deposited with the Ministry of Labor.

    Jordanian governments have long been committed to maintaining a balanced relationship between work and production parties, including workers, employers, and the relevant official institutions. Their emphasis has been on the importance of dialogue and an understanding of rights and responsibilities in these relationships. These relationships were governed by labor laws and regulations, and were further defined by a tripartite committee composed of government, workers, and employees, for the purpose of resolving issues concerning the parties. Moreover, these laws also recognized the right of workers to strike, but they still organized the exercise of this right within limits and frameworks that are neither harmful to society nor detrimental to the workers' interests. In other words, it is true that workers have a right to strike, but that right is subject to checks and balances. It is not an absolute one.


    Trainer's translation

    Jordan's labor market has increasingly seen demonstrations, sit-ins, protests, labor conflicts, and strikes. Except for strikes, these are generally legitimate means of expressing one's opinion. Nevertheless, their practice has become increasingly entangled and multifaceted, serving either the demands of specific rights or exerting pressure to force the government or private sector to make decisions. At times, they are even seeking to enact or amend legislation. It is noteworthy that labor conflicts and strikes have occurred in private businesses and enterprises, as a result of a lack of balance between the interests of the parties to the labor contract, i.e. employers and employees. There may also be a conflict between these interests, leading workers at the end of the day to resort to strike action in order to restore the balance. Despite their origins in the private sector, strikes or walkouts have found their way into state-owned public facilities, which are not generally considered to be in conflict with the interests of employees, namely the public interest. Unlike private sector workers, public sector employees do not work under a contract that can be amended by strike action. Instead, the relationship between the public servant and the facility they work for is governed by law, which reflects society's will. This case involves a conflict between public and private interests, which is well addressed by law. This is not a conflict between two private interests that are bound by a contract. Accordingly, this study is focused on private sector enterprises that have encountered labor conflicts or strikes, culminating in collective agreements deposited with the Ministry of Labor.

    Throughout Jordan's history, successive governments have attempted to ensure balanced relations between labor and production, particularly between employers, employees, and relevant official agencies. It was the rationale of the government that such relationships should be characterized by dialogue and a thorough awareness of rights and responsibilities, as stipulated in labor law and regulations. For this reason, the tripartite committee, which consists of representatives of the government, workers, and employers, was formed to resolve disagreements between the parties involved. In addition, relevant legislation provides for the right of employees to strike, while regulating its implementation under certain limitations and restrictions in order to maintain society's interests.

  • #2
    Strikes and Labor Relations 1 (1st paragraph of long text)

    “Over the last few years, the Jordanian labor market has witnessed an increase in demonstrations, pauses, sit-ins, disputes, and workers strikes. To some extent these methods, with the exception of the strikes, could be categorized as freedom of expression. However, the practice of these methods has overlapped and varied as the objective has been to either demand specific rights, to apply pressure for general or specific resolutions to be passed, or even to get certain laws approved or amended.

    It is worth noting that disputes and / or workers strikes originally came from within private institutions and projects as a result of not achieving a balance between the interests of the parties of a work contract (the workers and the employer), or because of a conflict of interests. So, the workers would go on strike to achieve this balance, a means to pressure the employers and improve their position in individual or group working contracts.

    However, this means would take place in the public facilities of the state, where the interests of the workers neither agree or contradict with its own public interests. The employee of the state who works in the facility is not linked to it by a contract in so much as he could aspire to modify it by holding a strike. Rather the relationship of the employee with the public facility emanates from the law, which is an expression of the will of society.

    In other words, here we witness a confrontation between the public interest and private interest, the foundations of which have been laid down by the law. This is not one private interest weighed against another through a contract. Therefore, this study targets the facilities of the private sector which have witnessed labor conflicts and strikes, leaving its (culminating in?) social agreements deposited at the ministry of labor.”

    Comment


    • #3
      Strikes and Labor Relations 2

      “The successful Jordanian governments have been committed to providing balanced relations between the working and production parties represented, on the one hand, by the workers, and, on the other, hand by the employers/business owners and relevant official institutions. As they have strived for these relations to be characterized by dialogue and a deep understanding of rights and obligations.

      These relations have been contextualized within the framework of the labor law and the regulations issued accordingly. Additionally, a trilateral committee representing the government, the workers, and the employers/business owners has been created to deal with cases/issues linked to the interested parties. Furthermore, these laws have guaranteed the workers’ right to go on strike within limits and frameworks in a way that is not harmful to the public interest, while simultaneously protecting the interests of the workers. In other words, the right to go on strike a right granted to the workers by the law but it is not absolute.

      Article 2 of the Labor Law defines a dispute as ‘any difference that emerges between the union and employer, or employers’ union, regarding the application of a collective labor contract, its interpretation, or anything related to the work environment and its conditions.’ By the same token, the regulation for strike and lockout conditions and procedures of 1998 defines a strike as ‘the cessation of labor activity by a group of workers as a result of a workers dispute.’”​

      Comment

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