S4-007: Workers' Charter Act of 1181

**Long title:** An act to cement into law the rights of workers and to standardize procedures for industrial relations.

**Short title:**Workers’ Charter Act

Introduced by Sen. Roi Lazarian

Sponsored by the Government of Nydia

## SECTION 1

### Subsection 1: Establishment of the NIRC.

Paragraph A: As of this act, the National Industrial Relations Council shall be established.

Paragraph B: The NIRC shall be an independent Government agency under the umbrella of the Ministry of Industry.

Paragraph C: The jurisdiction of the NIRC shall apply to both private- and public-sector workers.

Paragraph D: The Council shall consist of 5 members appointed by the Prime Minister with the consent of the Senate.

Paragraph E: Council members shall serve a single 5 year term, with each term ending in a different year.

Paragraph F: Each seat on the NIRC shall have its terms expire on different years.

Subparagraph I: 1st Seat: Term expires in years ending 8 and 3

Subparagraph II: 2nd Seat: Term expires in years ending 6 and 1

Subparagraph III:3rd Seat: Term expires in years ending 7 and 2

Subparagraph IV: 4th Seat: Term expires in years ending 9 and 4

Subparagraph V: 5th Seat: Term expires in years ending 5 and 0

### Subsection 2: Duties of the NIRC

Paragraph A: The NIRC shall have the authority to oversee the process by which employees decide to be represented by a Labour organisation.

Paragraph B: The NIRC shall act as a prosecutor of Labour violations.

Paragraph C: The NIRC shall have regional offices in each local authority where these processes are commenced.

Paragraph D: The NIRC shall have the power to set rules interpreting Labour legislation.

Paragraph E: NIRC rulings will be regarded binding, unless it is contested and a court deems it to have acted outside its authority.

Paragraph F: The NIRC shall also have the authority to step in preemptively to prevent Labour violations and unfair Labour practices; this may also be reviewed by a court.

Paragraph G: The NIRC can lead investigations, collect evidence, issue subpoenas, and require witnesses to give evidence.

Paragraph H: It is an offense for people to unduly interfere with the Council’s conduct.

## SECTION 2

### Subsection 1: Collective bargaining

Paragraph A: Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.

Paragraph B: There can be only one exclusive bargaining representative for a unit of employees.

Paragraph C: Employers are compelled to bargain with the representative of its employees.

Paragraph D: Employees are allowed to discuss wages.

Paragraph E: The people elected by a majority of the workforce have the right to become the exclusive representatives of workers in collective bargaining with the employer.

### Subsection 2: Violations of labour law by Employers

It shall be deemed unlawful to:

Paragraph A: interfere with two or more employees acting in concert to protect rights provided for in the Act, whether or not a union exists.

Paragraph B: to dominate or interfere with the formation or administration of a labor organization;

Paragraph C: to discriminate against an employee from engaging in concerted or union activities or refraining from them;

Paragraph D: to discriminate against an employee for filing charges with the NIRC or taking part in any NIRC proceedings; and

Paragraph E: to refuse to bargain with the union that is the lawful representative of its employees

### Subsection 3: Violations of labour law by Unions

It shall be deemed unlawful to:

Paragraph A: restraining or coercing employees in the exercise of their rights or an employer in the choice of its bargaining representative;

Paragraph B: causing an employer to discriminate against an employee;

Paragraph C: refusing to bargain with the employer of the employees it represents;

Paragraph D: requiring excessive dues; and

Paragraph E: striking or picketing a health care establishment without giving the required notice.

## SECTION 3

### Subsection 1: Wages

Paragraph A: A statutory minimum wage will be established on a national level.

Paragraph B: The minimum wage shall apply to both public- and private-sector workers.

Paragraph C: The minimum wage for workers can not amount to less than 1.75 lev an hour.

Paragraph D: The MInistry of Industry has the authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime and other violations.

Paragraph E: Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay violations.

### Subsection 2: Working Hours

Paragraph A: A working week is the amount of hours a person can work in one week.

Paragraph B: A working week is to be set to a maximum of 50 hours.

Paragraph C: A letter of consent must be signed by both the Employer and the Employee prior to working overtime for any period of time.

Paragraph D: Employees have the right to a day off on the weekend unless it is explicitly agreed by both parties on an overtime agreement.