dvisory Conciliation and Arbitration Service. It was established in the year 1975 under the Employment Protection Act. The purpose of ACAS is to ensure better working life and improve the labor relations. ACAS is directed towards solving of employee problems and raising their standard of performance by conducting quality education and training programs for them.
ACAS指咨询调解和仲裁服务。它于1975年根据《就业保护法》成立。ACAS的目的是确保更好的工作生活和改善劳动关系。ACAS旨在通过为员工提供高质量的教育和培训计划来解决员工问题并提高他们的绩效标准。
ACAS plays three important roles in improving the employee relations (Currie 1997).They are:-ACAS在改善员工关系方面发挥着三个重要作用,它们是:
1. Advisory role: – ACAS can be viewed as an ‘advisory body’ as it offers advisory and consultation services to the organization and employees who feel that they have been overlooked or unfairly treated. Through the information’s contained in the code of conduct issued by ACAS, it shows an organization the need to maintain a fair grievances and disciplinary system. Many organizations have adopted the principles of ACAS.
咨询角色:ACAS可以被视为一个“咨询机构”,因为它为组织和员工提供咨询和咨询服务,他们觉得自己受到忽视或不公平对待。通过ACAS发布的行为准则中包含的信息,它表明组织需要维护公平的申诉和纪律制度。许多组织都采纳了ACAS的原则。
2. Role of Conciliation: – Here ACAS tries to resolve employee conflicts before the issue reaches the hearing phase. The conciliation officer tries to guide and make both the parties understand the probable outcome of a tribunal.
调解的作用:ACAS试图在问题进入听证阶段之前解决员工冲突。调解官试图指导并使双方了解法庭的可能结果。
3. Role of Arbitrator:-In common practice, the employee conflicts are solved within the organization. But the need for an arbitrator arises when the internal dialogues fail to settle the issue. Most of the organizations prefer ACAS to don the role of arbitrator. While acting under this role ACAS may appoint an arbitrator or even form an arbitration board. Such decisions shall be based on the complexity and relevance of the issue.
仲裁员的角色:-通常情况下,员工冲突在组织内部解决。但当内部对话未能解决问题时,就需要仲裁员。大多数组织更喜欢ACAS来扮演仲裁员的角色。在担任该职务期间,ACAS可任命仲裁员,甚至组建仲裁委员会。此类决定应基于问题的复杂性和相关性。
ACAS codes and principles mainly stresses on the importance of maintaining discipline in the organization(Taylor, 2005).ACAS has set specific codes and procedures to be applied on the disciplinary system and dismissal process of the company. Following are the important points covered by the ACAS code in this respect:-ACAS准则和原则主要强调维持组织纪律的重要性。ACAS制定了适用于公司纪律体系和解雇流程的具体准则和程序。以下是ACAS规范在这方面涵盖的要点:
Every company should maintain specific and systematic disciplinary procedures and these procedures must be kept with the company in the written form.每个公司都应制定具体和系统的纪律程序,这些程序必须以书面形式保存在公司内部。
The name and designation of the person authorized for taking disciplinary actions must be separately stated.必须单独说明被授权采取纪律行动的人员的姓名和名称。
The procedure must precisely state the grounds on which disciplinary actions shall be evoked against the defaulting employee or employer.该程序必须准确说明对违约雇员或雇主采取纪律处分的理由。
The employee has to be informed about the complaint raised against him. And he should be provided with a reasonable opportunity of being heard.必须将针对他的投诉告知员工。他应该有一个合理的被倾听的机会。
The company should have fair warning system. Proper warnings have to be raised whenever it is necessary .An opportunity must be given to the employees to correct their actions.公司应该有公平的预警系统。必要时,必须提出适当的警告。必须给员工一个纠正其行为的机会。
Every employee has the right to appeal. The company should have a well structured complaint redressal committee before whom the employees shall appear.每位员工都有权提出上诉。公司应设立一个结构良好的投诉回复委员会,员工应出席该委员会。
The employees have the right to representation. Any employee or member of the trade union can accompany the employee during the hearing.员工有代表权。任何员工或工会成员均可在听证会期间陪同员工。
Hence ACAS plays a very important role in ensuring a fair and effective grievance and disciplinary system in an organization.因此,ACAS在确保组织中公平有效的申诉和纪律制度方面发挥着非常重要的作用。
Employment Tribunal 劳资审裁处
The Employment tribunals were introduced in the year 1964 for the first time under the Industrial Training Act (Pettinger 1999). Employment tribunal is another important organization which plays a very important role in promoting emp