Professional Documents
Culture Documents
Labor Law (Also Called Employment Law) Is The Body of
Labor Law (Also Called Employment Law) Is The Body of
Labor law concerns the inequality of bargaining power between employers and workers. Labor law (also called employment law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. In Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labor law. First, collective labor law relates to the tripartite relationship between employee, employer and union. Second, individual labor law concerns employees' rights at work and through the contract for work. The labor movement has been instrumental in the enacting of laws protecting labor rights in the 19th and 20th centuries. Labor rights have been integral to the social and economic development since the Industrial Revolution. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors will work. Government agencies enforce employment standards codified by labor law (legislative, regulatory, or judicial).
Contents
[hide]
2.1 Contract of employment 2.2 Minimum wage 2.3 Working time 2.4 Health and safety 2.5 Anti-discrimination 2.6 Unfair dismissal 2.7 Child labor 3.1 Trade unions 3.2 Strikes
3.3 Pickets 3.4 Workplace involvement 3.5 Co-determination 4.1 International Labour Organization 4.2 European labor law 5.1 British labor law 5.2 Canadian labor law 5.3 Chinese labor law 5.4 French labor law 5.5 German labor law 5.6 Indian labor law 5.7 Iranian labour law 5.8 Japanese labour law 5.9 Mexican labour law 5.10 Swedish labour law 5.11 United States labor law
Organized labour
Part of a series on
Main article: History of labour law Labour law arose due to the demands for workers for better conditions, the right to organize, or, alternatively, the right to work without joining a labor union, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or restrictions on their free choice of whom to hire. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power. The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.
Main article: Minimum wage There may be law stating the minimum amount that a worker can be paid per hour. Australia, Belgium, Brazil, Canada, China, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxembourg, the Netherlands, New Zealand, Paraguay, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not. 1. Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labor market parties (unions and employer organizations) through collective agreements that also cover non-union workers and non-organized employers. Minimum wage laws were first introduced nationally in the United States in 1938,[4] Brazil in 1940 <ref.URL=http://www6.senado.gov.br/legislacao/ListaPublicacoes.action?id=37717>, India in 1948, France in 1950,[5] and in the United Kingdom in 1998.[6] In the European Union, 18 out of 25 member states currently have national minimum wages.[7]
Lochner v. New York, 198 U.S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10hour day.
[edit] Anti-discrimination
Main article: Anti-discrimination law This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination.
Two girls wearing banners in Yiddish and English with the slogan "Abolish child slavery!!" at the 1909 May Day parade in New York City Child labor is the employment of children under an age determined by law or custom. This practice is considered exploitative by many countries and international organizations. Child labor was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of laborers' and children rights. Child labor can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's own small business (for example selling food), or doing odd jobs. Some children work as guides for tourists, sometimes combined with bringing in business for shops and restaurants (where they may also work as waiters). Other children are forced to do tedious and repetitive
jobs such as assembling boxes, or polishing shoes. However, rather than in factories and sweatshops, most child labor occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses far from the reach of official inspectors and from media scrutiny."[11]
[edit] Strikes
Main article: Strike action
Strikers gathering in Tyldesley in the 1926 General Strike in the U.K. Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:
The strike is decided on by a prescribed democratic process. (Wildcat strikes are illegal). Sympathy strikes, against a company by which workers are not directly employed, may be prohibited. General strikes may be forbidden by a public order. Certain categories of person may be forbidden to strike (airport personnel, health personnel, teachers, police or firemen, etc.) Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.
A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong.
Throughout history, workers have used tactics such as the go-slow, sabotage, or just not turning up en-masse to gain more control over the workplace environment, or simply have to work less [2]. Some labor law explicitly bans such activity, none explicitly allows it.
[edit] Pickets
Main article: Picketing (protest) Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business they are striking against to make their presence felt, increase worker participation, and dissuade (or prevent) strike breakers from entering the workplace. In many countries, this activity is restricted by labor law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labor law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel to join a picket). There may be laws against obstructing others from going about their lawful business (scabbing, for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example).
[edit] Co-determination
Main articles: Co-determination and Industrial democracy Originating in Germany, some form of co-determination (or Mitbestimmung) procedure is practised in countries across continental Europe, such as Holland and the Czech Republic, as well as Scandinavian countries (e.g. Sweden). This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976. In the United Kingdom, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy). This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split on the board, but its effect would have been even more radical. Because British company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the UK slid into the winter of discontent. This tied into the European
Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented. In Sweden, this is regulated through the 'Law on board representation' (Lagen om styrelserepresentation). The law covers all private companies with 25 or more employees. In these companies, workers (usually through unions) have a right to appoint two board members and two substitutes. If the company has more than 1,000 employees, three members and three substitutes are appointed by workers/unions. It is common practice that seats are divided between representatives from the major union coalitions.
The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48-hour working week to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006.[citation needed]
An American builder The Fair Labor Standards Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work just like US citizens, without requirement of work permits. Despite the 40-hour standard maximum work week, some lines of work require more than 40 hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24-hour break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees cannot be terminated for refusing to work more than 72 hours in a work week. These high-hour ceilings, combined with a competitive job market, often motivate American workers to work more hours than required. American workers consistently take fewer vacation days than their European counterparts, and on average take the fewest days off of any developed country.
[15]
The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution, but several laws, particularly the Civil Rights Act of 1964, limit the ability of the private sector to discriminate against certain classes in employment. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property", without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty", like the right to free speech, or a property interest.
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. Title VII of the Civil Rights Act is the principal federal statute with regard to employment discrimination prohibiting unlawful employment discrimination by public and private employers, labor organizations, training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial. The National Labor Relations Act, enacted in 1935 as part of the New Deal legislation, guarantees workers the right to form unions and engage in collective bargaining. This legislation and its subsequent amendments are also key elements of U.S. labor law.
Collective bargaining Contingent work Industrial relations Journal of Individual Employment Rights Labor court Labour market flexibility Labour movement Legal working age and child labour Master and Servant Act Protective laws (on gender) Right-to-work law Social security Sweat shops Unfair labor practice
[edit] Notes
1. ^ For example, an employee's refusal to violate law or an employee's assertion of rights. 2. ^ e.g. In the European Union, Directive 91/533 3. ^ In the US, under the National Labor Relations Act, a worker has no right to organize
where he is considered a manager, see NLRB v. Kentucky River Community Care, 532 U.S. 706 (2001)
4. ^ "History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938 -
(PDF)
8. ^ and the Division of Labor in the Early English Cotton Mills 9. ^ (French) "Un contrat en CNE jug contraire au droit international". Reuters. April 28,
05-05.[dead link]
11. ^ "The State of the World's Children 1997". UNICEF. Retrieved 2007-04-15. 12. ^ See the article International or the whole Globalization and Workers' Rights section at
the Actrav Distance Learning Project of the International Labor Organization [1]
13. ^ fr:section syndicale d'entreprise December 27, 1968 law 14. ^ fr:SMIG 15. ^ http://www.infoplease.com/ipa/A0922052.html
Stephen F. Befort and John W. Budd, Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus (2009) Stanford University Press Norman Selwyn, Selwyn's Law of Employment (2008) Oxford University Press Simon Honeyball, Honeyball and Bowers' Textbook on Employment Law (2008) Oxford University Press Keith Ewing, Aileen McColgan and Hugh Collins, Labour Law, Cases, Texts and Materials (2005) Hart Publishing
Simon Deakin and Gillian Morris, Labour Law (2005) Hart Publishing ISBN 9781841135601 Keshawn Walker and Arn Morell, "Labor and Employment: Workplace Warzone", Georgetown University Thesis (2005)
Labour Legislation from 1911encyclopedia.org, Encyclopdia Britannica's 1911 edition British employment law at emplaw.co.uk Overview article on Austrian labour law Overview article on Georgian labour law at Getsadze & Pateishvili Law Office Summary of Dutch labour law in English Other articles on Austrian labour law (mainly in German language) Labor and Worklife Program at Harvard Law School Repression Against the IWW California Labor Code Foreign Countries - Labor, Employment & Income Data, Policy & Law Research Guide from the Mississippi State University Libraries Labor and Employment Law Subject Guide from Catherwood Library, ILR School, Cornell University British Employment Law Training All China Federation of Trade Unions Indian Labor Law Labour Related Laws and Regulations of P.R.China Swedish labour law Information about Swedish labour law Information about UK Employment Law [show]v d eEmployment
[show]v d eLaw Categories: Organizational studies and human resource management | Labour relations | Socialism | Social programs | Labour law | Working conditions | Working time
Bottom of Form
Toolbox
Main page Contents Featured content Current events Random article Donate to Wikipedia Help About Wikipedia Community portal Recent changes Contact Wikipedia
Interaction
Print/export Languages
This page was last modified on 16 June 2011 at 22:41. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of Use for details. Wikipedia is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. Contact us