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- Sep 8, 2024
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- #1
Author: Robidemon2, UnityMaster, Lysander Lyon(Original Worker’s rights Act), Starlitnexus(Original Minimum Wage Act)
Sponsor: UnityMaster
Type: Bill of Parliament
Preamble: This bill combines existing Acts that pertain to workers’ rights, edits parts of them to expand said rights, and adds new protections.
This bill repeals the Workers Rights act
This bill repeals the Minimum Wage act
1. Short Title and Enactment
(a) This bill may be cited as the “Workers' Protections Act.”
(b) This bill shall be enacted immediately upon passage.
2. Definitions
(a)For the purposes of this bill, unless the context clearly indicates otherwise:
(i) Employee means any individual who performs labor or services for an employer in exchange for wages, salary, benefits, or other compensation, whether full-time, part-time, or temporary, including in-game employment roles.
(ii) Employer means any individual, company, organization, or government body that employs one or more employees.
(iii) Trade Union means a registered organization formed by employees within a specific industry or employment sector for the purpose of collective representation, negotiation, and advocacy.
(iv) Industry means a defined category of employment or economic activity, including both private and government employment, but excluding purely symbolic or honorary roles.
(v) Strike means a coordinated and intentional cessation, slowdown, or refusal of work by employees for the purpose of achieving a specific employment-related objective.
(vi) Lawful Strike means a strike conducted in full compliance with the requirements and limitations set forth in this bill.
(vii) Unlawful Strike means any strike or union action conducted in violation of this bill, including failures of notice, prohibited conduct, or lack of a defined objective.
(viii) Good Faith means actions taken honestly, without malicious intent, and with a reasonable belief that such actions are lawful and authorized under union rules or employer directives.
(ix) Unfair Dismissal means the termination of an employee in a manner that is unjust, discriminatory, retaliatory, or not reasonably justified by economic, operational, or legal necessity.
(x) Essential Infrastructure means facilities or services necessary for public safety, emergency response, or the basic functioning of the state, as defined by law or parliamentary resolution.
3. Union Formation
(a) Trade unions are unions formed for workers of a specific industry. Any individual working within this industry may choose to form a trade union.
(i) Individuals may only register Trade Unions if they hold, and maintain, that trades corresponding in-game job.
(b) Unions must be registered with the Ministry of Economic Affairs, which shall set up a channel for registration. To register a union, an individual must submit proof of having the proper role in-game for registering a trade union, and a copy of the union’s bylaws.
(i) It must also have the signatures of two other individuals within that industry who are not the initial founder filing the paperwork, who will be joining the union.
(c) Unions may be formed for government jobs/employment.
(i) The following government positions are unable to unionize
4. Bylaw Rules
(a) If no bylaws are submitted, the MEA should set default bylaws utilizing the parameters in section 3.
(b) Bylaws must have:
(i) A procedure for electing a President (or equivalent) of the union
(ii) An Executive Committee with significant elected representation and individual terms for the elected positions.
(iii) A set timeline for union conventions where voting can occur, and union members can receive updates on the business of the union.
(iv) Failure to contain clauses that fulfill the standards outlined here will result in the denial of a union’s registration.
5. Trade Union Powers
(a) Trade unions shall have the power to negotiate with employers on behalf of their workers regarding wages, working conditions, workplace procedures, and other relevant employment items.
(b) Trade unions shall have the power to set fees for membership and collect contributions.
(c) Trade unions shall have the power to go on strike and cease business with an employer.
(i) Company-provided benefits that are not explicitly required to do the job, such as housing, must continue to be provided by the employer to any striking employees.
(ii) The employer is not obligated to continue providing salary/payment to individuals on strike, or tools given to do the job (like pickaxes to miners on strike).
(iii) All strikes must have a specific, relevant, and named goal, such as a wage dispute, a specific working condition, etc.
(iv) The employer must receive at least 72 hours notice prior to any strike being actioned.
(e) Trade unions may take the measures necessary to incentivize union members to follow union directives, through reasonable fees for noncompliance or membership revocation.
6. Employment Freedoms
(a) Citizens of the Azalea Isles shall have employment freedom, and shall not be discriminated against on the basis of having or not having union membership.
(b) Unions may not require that an employer only hire members of their union, or only hire members of a union in general.
(c) Employees have the right to discuss their wages with their co-workers.
7. Employer Recourse
(a) Trade union measures, including strikes, work stoppages, slowdowns, or coordinated refusals to perform duties, shall be lawful only when conducted in compliance with this bill.
(b) Union strikes and related measures shall not:
(i) Engage in violence, threats, intimidation, or harassment against any individual
(ii) Cause intentional property destruction or sabotage of employer assets
(iii) Occur during an agreed-upon arbitration or mediation period between the union and employer
(iv) Occur during the mandatory notice period required under Section 4(c)(iv)
(v) Block access to workplaces, essential infrastructure, or emergency services.
(c) Employers retain the right to:
(i) Maintain business operations during a lawful or unlawful strike through the temporary hiring of workers not affiliated with the striking union;
(ii) Reassign managerial or non-striking personnel to perform essential functions, provided such reassignment does not violate existing employment contracts
(iii) Seek voluntary arbitration or mediation with the union at any time, including during a strike.
(d) If an employer reasonably believes that a strike or union measure is unlawful due to:
(i) Failure to comply with notice requirements;
(ii) Violation of an agreed strike pause or arbitration period;
(iii) Engagement in violence, intimidation, or property destruction;
(iv) Lack of a specific, relevant, and named goal as required under Section 4(c)(iii); the employer may seek immediate relief through the courts.
(e) Courts may, upon finding reasonable grounds, order
(i) A temporary or permanent suspension of the strike or union action
(ii) Mandatory arbitration or mediation between the employer and the union
(iii) Injunctive relief to prevent ongoing or imminent unlawful conduct
(iv) Remedies proportionate to the harm caused, excluding punitive damages against individual workers.
(f) No employer shall be permitted to use a strike, lawful or unlawful, as justification for
(i) Collective punishment of non-participating employees
(ii) Permanent replacement of striking employees, except where permitted under separate law
(iii) Retaliation against union leadership or members for lawful union activity.
(g) Employers who prevail in court due to an unlawful strike may seek compensation for demonstrable economic losses directly caused by the unlawful conduct, provided such compensation does not impose personal liability on individual workers acting in good faith and in compliance with union directives.
8. Parliamentary Override
(a) Parliament may, for clearly articulated national security reasons, vote to suspend a strike (for a set period of time or indefinitely) via resolution. The strike is legally required to end if suspended by a supermajority vote of Parliament.
9. Unfair Dismissal
(a) Unfair dismissal shall be understood as the wrongful or unjust termination of an employee. In determining whether a dismissal is unjust, the following considerations shall be assessed:
(i) Whether the termination was economically and operationally justified in light of the ordinary course of business, including business necessities such as restructuring or workforce redundancies
(ii) Whether the employee’s continued employment would have impaired the efficiency, reputation, or legal compliance of the business
(iii) Whether the dismissal was motivated by the employee’s personally identifiable characteristics.
(iv) This shall not apply where such characteristics are demonstrably essential to the bona fide requirements of the position in question.
10. Limitation of Individual Liability
(a) An employee shall not be held personally liable or subject to legal measures for actions done in good faith and in compliance with organizational policies, directives, or instructions.
(i) In such circumstances where said action incurs a breach of the law, the employer shall bear full legal responsibility.
11. Employer Violations and Fines
(a) Any employer found to be in violation of this bill may be subject to fines
(b) Violations subject to fines include, but are not limited to:
(i) Interfering with, obstructing, or retaliating against the lawful formation, registration, or operation of a trade union;
(ii) Discriminating against an employee on the basis of union membership, non-membership, participation in union activities, or participation in a lawful strike;
(iii) Failing to continue providing required non-salary benefits to employees during a lawful strike, as outlined in Section 4(c)(i);
(iv) Engaging in unfair dismissal as defined under Section 8 of this bill
(v) Refusing to engage in good-faith negotiations with a duly registered trade union
(vi) Taking adverse employment actions against employees for discussing wages with co-workers, in violation of Section 5(c).
(c) Fines shall be assessed per violation and may be increased for:
(i) Repeated violations within a period of time
(ii) Violations affecting a large number of employees
(iii) Violations found to be willful, malicious, or undertaken in bad faith.
(d) The minimum fine for a violation of this bill shall be AZ$500, and the maximum fine per violation shall be AZ$100,000, as determined by regulation or judicial ruling.
(e) In addition to monetary fines, an employer may be ordered to:
(i) Reinstate wrongfully dismissed employees;
(ii) Provide back pay or compensation for lost wages or benefits
(iii) Cease and desist from unlawful activities
(iv) Take corrective actions to ensure future compliance with this bill.
(f) Payment of fines or compliance with corrective orders shall not exempt an employer from further civil or criminal liability arising under other applicable laws.
12. Supplier Pay
(a) All suppliers shall be entitled to a minimum pay per good of 50% of the final sale price of that good.
(i) Example: If a company sells apples to customers for AZ$2.00 each, they must pay suppliers at least AZ$1.00 per apple.
13. Salary Pay
(a) Private sector employers are not required to pay a regular salary to employees.
(b) Government employees shall be entitled to a minimum salary of AZ$10 per 20 minutes.
(c) The Government employee minimum salary shall not apply to elected and appointed positions, only to employees.
(i) As examples, the minimum salary shall not apply to Members of Parliament, Ministers, the Speaker, Deputy Ministers, or any other similar officer role. If there is any confusion about this, the Courts are encouraged to apply a level of reasonable judgement to determine if the minimum salary applies to any given role.
14. Punishments for minimum wage violations
(a) If any entity, public or private, is found in Court to be in violation of the terms of the minimum wage, they shall be liable to the following punishments:
(i) Any employees who have been underpaid shall be entitled to back pay plus 50% from the violating employer.
(ii) If the violating employer is the Government or any Government subsidiary entity, all principal officers, past and present, who presided over violations of this bill may be removed from elected and/or appointed public office and barred from such office for a period not exceeding 2 months.
(iii) If the violating employer is a private sector employer, they may be liable to a monetary fine made payable to the Government of up to 10% of the unpaid wages, with a minimum fine of AZ$1,000 per affected employee. This is in addition to any other monetary penalties; it is not taken from the back pay.
Sponsor: UnityMaster
Type: Bill of Parliament
A
BILL
TO:
Address employee protections
BILL
TO:
Address employee protections
Preamble: This bill combines existing Acts that pertain to workers’ rights, edits parts of them to expand said rights, and adds new protections.
This bill repeals the Workers Rights act
This bill repeals the Minimum Wage act
1. Short Title and Enactment
(a) This bill may be cited as the “Workers' Protections Act.”
(b) This bill shall be enacted immediately upon passage.
2. Definitions
(a)For the purposes of this bill, unless the context clearly indicates otherwise:
(i) Employee means any individual who performs labor or services for an employer in exchange for wages, salary, benefits, or other compensation, whether full-time, part-time, or temporary, including in-game employment roles.
(ii) Employer means any individual, company, organization, or government body that employs one or more employees.
(iii) Trade Union means a registered organization formed by employees within a specific industry or employment sector for the purpose of collective representation, negotiation, and advocacy.
(iv) Industry means a defined category of employment or economic activity, including both private and government employment, but excluding purely symbolic or honorary roles.
(v) Strike means a coordinated and intentional cessation, slowdown, or refusal of work by employees for the purpose of achieving a specific employment-related objective.
(vi) Lawful Strike means a strike conducted in full compliance with the requirements and limitations set forth in this bill.
(vii) Unlawful Strike means any strike or union action conducted in violation of this bill, including failures of notice, prohibited conduct, or lack of a defined objective.
(viii) Good Faith means actions taken honestly, without malicious intent, and with a reasonable belief that such actions are lawful and authorized under union rules or employer directives.
(ix) Unfair Dismissal means the termination of an employee in a manner that is unjust, discriminatory, retaliatory, or not reasonably justified by economic, operational, or legal necessity.
(x) Essential Infrastructure means facilities or services necessary for public safety, emergency response, or the basic functioning of the state, as defined by law or parliamentary resolution.
3. Union Formation
(a) Trade unions are unions formed for workers of a specific industry. Any individual working within this industry may choose to form a trade union.
(i) Individuals may only register Trade Unions if they hold, and maintain, that trades corresponding in-game job.
(b) Unions must be registered with the Ministry of Economic Affairs, which shall set up a channel for registration. To register a union, an individual must submit proof of having the proper role in-game for registering a trade union, and a copy of the union’s bylaws.
(i) It must also have the signatures of two other individuals within that industry who are not the initial founder filing the paperwork, who will be joining the union.
(c) Unions may be formed for government jobs/employment.
(i) The following government positions are unable to unionize
- Justices
- Ministers
- Members of Parliament
4. Bylaw Rules
(a) If no bylaws are submitted, the MEA should set default bylaws utilizing the parameters in section 3.
(b) Bylaws must have:
(i) A procedure for electing a President (or equivalent) of the union
(ii) An Executive Committee with significant elected representation and individual terms for the elected positions.
(iii) A set timeline for union conventions where voting can occur, and union members can receive updates on the business of the union.
(iv) Failure to contain clauses that fulfill the standards outlined here will result in the denial of a union’s registration.
5. Trade Union Powers
(a) Trade unions shall have the power to negotiate with employers on behalf of their workers regarding wages, working conditions, workplace procedures, and other relevant employment items.
(b) Trade unions shall have the power to set fees for membership and collect contributions.
(c) Trade unions shall have the power to go on strike and cease business with an employer.
(i) Company-provided benefits that are not explicitly required to do the job, such as housing, must continue to be provided by the employer to any striking employees.
(ii) The employer is not obligated to continue providing salary/payment to individuals on strike, or tools given to do the job (like pickaxes to miners on strike).
(iii) All strikes must have a specific, relevant, and named goal, such as a wage dispute, a specific working condition, etc.
(iv) The employer must receive at least 72 hours notice prior to any strike being actioned.
(e) Trade unions may take the measures necessary to incentivize union members to follow union directives, through reasonable fees for noncompliance or membership revocation.
6. Employment Freedoms
(a) Citizens of the Azalea Isles shall have employment freedom, and shall not be discriminated against on the basis of having or not having union membership.
(b) Unions may not require that an employer only hire members of their union, or only hire members of a union in general.
(c) Employees have the right to discuss their wages with their co-workers.
7. Employer Recourse
(a) Trade union measures, including strikes, work stoppages, slowdowns, or coordinated refusals to perform duties, shall be lawful only when conducted in compliance with this bill.
(b) Union strikes and related measures shall not:
(i) Engage in violence, threats, intimidation, or harassment against any individual
(ii) Cause intentional property destruction or sabotage of employer assets
(iii) Occur during an agreed-upon arbitration or mediation period between the union and employer
(iv) Occur during the mandatory notice period required under Section 4(c)(iv)
(v) Block access to workplaces, essential infrastructure, or emergency services.
(c) Employers retain the right to:
(i) Maintain business operations during a lawful or unlawful strike through the temporary hiring of workers not affiliated with the striking union;
(ii) Reassign managerial or non-striking personnel to perform essential functions, provided such reassignment does not violate existing employment contracts
(iii) Seek voluntary arbitration or mediation with the union at any time, including during a strike.
(d) If an employer reasonably believes that a strike or union measure is unlawful due to:
(i) Failure to comply with notice requirements;
(ii) Violation of an agreed strike pause or arbitration period;
(iii) Engagement in violence, intimidation, or property destruction;
(iv) Lack of a specific, relevant, and named goal as required under Section 4(c)(iii); the employer may seek immediate relief through the courts.
(e) Courts may, upon finding reasonable grounds, order
(i) A temporary or permanent suspension of the strike or union action
(ii) Mandatory arbitration or mediation between the employer and the union
(iii) Injunctive relief to prevent ongoing or imminent unlawful conduct
(iv) Remedies proportionate to the harm caused, excluding punitive damages against individual workers.
(f) No employer shall be permitted to use a strike, lawful or unlawful, as justification for
(i) Collective punishment of non-participating employees
(ii) Permanent replacement of striking employees, except where permitted under separate law
(iii) Retaliation against union leadership or members for lawful union activity.
(g) Employers who prevail in court due to an unlawful strike may seek compensation for demonstrable economic losses directly caused by the unlawful conduct, provided such compensation does not impose personal liability on individual workers acting in good faith and in compliance with union directives.
8. Parliamentary Override
(a) Parliament may, for clearly articulated national security reasons, vote to suspend a strike (for a set period of time or indefinitely) via resolution. The strike is legally required to end if suspended by a supermajority vote of Parliament.
9. Unfair Dismissal
(a) Unfair dismissal shall be understood as the wrongful or unjust termination of an employee. In determining whether a dismissal is unjust, the following considerations shall be assessed:
(i) Whether the termination was economically and operationally justified in light of the ordinary course of business, including business necessities such as restructuring or workforce redundancies
(ii) Whether the employee’s continued employment would have impaired the efficiency, reputation, or legal compliance of the business
(iii) Whether the dismissal was motivated by the employee’s personally identifiable characteristics.
(iv) This shall not apply where such characteristics are demonstrably essential to the bona fide requirements of the position in question.
10. Limitation of Individual Liability
(a) An employee shall not be held personally liable or subject to legal measures for actions done in good faith and in compliance with organizational policies, directives, or instructions.
(i) In such circumstances where said action incurs a breach of the law, the employer shall bear full legal responsibility.
11. Employer Violations and Fines
(a) Any employer found to be in violation of this bill may be subject to fines
(b) Violations subject to fines include, but are not limited to:
(i) Interfering with, obstructing, or retaliating against the lawful formation, registration, or operation of a trade union;
(ii) Discriminating against an employee on the basis of union membership, non-membership, participation in union activities, or participation in a lawful strike;
(iii) Failing to continue providing required non-salary benefits to employees during a lawful strike, as outlined in Section 4(c)(i);
(iv) Engaging in unfair dismissal as defined under Section 8 of this bill
(v) Refusing to engage in good-faith negotiations with a duly registered trade union
(vi) Taking adverse employment actions against employees for discussing wages with co-workers, in violation of Section 5(c).
(c) Fines shall be assessed per violation and may be increased for:
(i) Repeated violations within a period of time
(ii) Violations affecting a large number of employees
(iii) Violations found to be willful, malicious, or undertaken in bad faith.
(d) The minimum fine for a violation of this bill shall be AZ$500, and the maximum fine per violation shall be AZ$100,000, as determined by regulation or judicial ruling.
(e) In addition to monetary fines, an employer may be ordered to:
(i) Reinstate wrongfully dismissed employees;
(ii) Provide back pay or compensation for lost wages or benefits
(iii) Cease and desist from unlawful activities
(iv) Take corrective actions to ensure future compliance with this bill.
(f) Payment of fines or compliance with corrective orders shall not exempt an employer from further civil or criminal liability arising under other applicable laws.
12. Supplier Pay
(a) All suppliers shall be entitled to a minimum pay per good of 50% of the final sale price of that good.
(i) Example: If a company sells apples to customers for AZ$2.00 each, they must pay suppliers at least AZ$1.00 per apple.
13. Salary Pay
(a) Private sector employers are not required to pay a regular salary to employees.
(b) Government employees shall be entitled to a minimum salary of AZ$10 per 20 minutes.
(c) The Government employee minimum salary shall not apply to elected and appointed positions, only to employees.
(i) As examples, the minimum salary shall not apply to Members of Parliament, Ministers, the Speaker, Deputy Ministers, or any other similar officer role. If there is any confusion about this, the Courts are encouraged to apply a level of reasonable judgement to determine if the minimum salary applies to any given role.
14. Punishments for minimum wage violations
(a) If any entity, public or private, is found in Court to be in violation of the terms of the minimum wage, they shall be liable to the following punishments:
(i) Any employees who have been underpaid shall be entitled to back pay plus 50% from the violating employer.
(ii) If the violating employer is the Government or any Government subsidiary entity, all principal officers, past and present, who presided over violations of this bill may be removed from elected and/or appointed public office and barred from such office for a period not exceeding 2 months.
(iii) If the violating employer is a private sector employer, they may be liable to a monetary fine made payable to the Government of up to 10% of the unpaid wages, with a minimum fine of AZ$1,000 per affected employee. This is in addition to any other monetary penalties; it is not taken from the back pay.