Labor law

Historical Development Of Labor Law

This unit is to introduce the students to the
history and basic context of Labor law.
One of the effects of the Europeans coming into
this part of the world was the introduction of
.wage-earning employment
In the course of time it was discovered that it was
absolutely necessary to safeguard the interest of
.both the employer and the employee
 cont
hence the regulating employer-employee
.relationship
Initially, it was thought that the employees were
being made objects of servitude but in the
long run it became apparent that this sort of
relationship requires the incorporation of
rules to avoid either party being cheated
.out rightly
 cont
The history of labor law concerns the development
of labor law as a way of regulating and improving
.the life of people at work
In the civilizations of antiquity, the use of slave
labor was widespread
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The origins of labor law can be traced back to the
remote past and the most varied parts of the
.world
While European writers often attach importance
to the guilds and apprentice systems of
the medieval in the world, some Asian scholars
have identified labor standards , for labor-
management relations in the Hindu Laws of
 Manu
 cont
However, germane laws which regulated
employment relationship and the relationship
of trade unions and their members on the one
hand, and the relationship with the employers
Such as the Trade Unions Act and the Trade
.Disputes Action
 cont
It developed rather slowly, chiefly in the more
industrialized countries of western Europe,
during the 19th century and attained its
present importance, relative maturity, and
worldwide acceptance only during the 20th
.century
 Islam and Labor Law
•Work or labor is highly valued in the Islam. Labor is a form of
worship.
• Islam: considers labor as a virtuous endeavor. It is mandatory
upon every people who have the ability to do any work. Islam
has set up laws to regulate Labourers. The purposes of Islamic
labor laws are to prevent the laborers from exploitation and
mistreatment.
• Islam clearly defined workers’ rights and showed the way for
fulfillment and protection of those rights.
 .cont
•Unique feature of Islamic labour provisions is the dignity of the
labourers. Islam teaches that all people are equal and should be
respected and treated equally. Allah says: “O mankind! We
created you from a single (pair) of a male and a female.” (Al-
Hujurat 49: 13).
•High regard is given for works in Islam. The worker who earns
his own living is a respectable person in Islam. The workers
should be treated with dignity and honor.
•Workers must be treated with dignity and respect, fairly and
humanely. It is a religious duty in Islam.
 cont
?What Is Employment Law
Almost all businesses use some sort of employment
 .law
Employment law is the area of law that governs the
.employer-employee relationship
Therefore, if the business has more than one
employee, then the business likely uses
employment law. This area is made up of both
state and federal laws and includes many different
subjects with the common goal to protect workers'
:rights. For employees, these laws work to
 cont
:For employees, these laws work to
Prevent discrimination
Promote health and safety
Establish a minimum required level for economic
support
Prevent work disruption due to disputes
between labor and management
 cont
Recognizing Employment Law
Usually, the key is simply recognizing when
.employment law is an issue
This can be difficult because the subject is truly
:vast. Employment law includes such things as
Worker's compensation
Employment discrimination
Labor relations
Family and medical leave
 cont
Employee benefits
Social Security
Wrongful termination
Occupational safety and health
For most business owners, it's just not possible to
comfortably know enough about employment
law. Instead, a savvy business owner will
recognize when employment law covers a
subject so that he or she can seek the help of an
attorney. I found this out the hard way
 cont
I own a small business. It's a pet grooming
business, I only have a few employees. I try to
be flexible with them because I think it's easier
for them, and I'm trying to be nice. It's also
easier for me because my employees are
happy, they like me, and I have less paperwork.
But, I recently had a meeting with my attorney,
and I learned that I'm doing several things
wrong! I didn't realize these were employment
law issues at all, and I didn't realize the
intricacy of these issues
 cont
Definition of Labor Law
Labor law primarily concerns the rights and
.responsibilities of unionized employees
Some groups of employees find unions
beneficial, since employees have a lot more
power when they negotiate as a group rather
than individually
 cont
Unions can negotiate for better pay, more
convenient hours, and increased workplace
.safety
However, unions do not have limitless power.
Leaders must treat all union members fairly
and refrain from restricting union members'
rights to speech, assembly, and voting powers
 cont
Employers also must follow specific rules when
.dealing with union members
For example, employers may only negotiate with
designated union representatives and must
carefully any agreement between the union
and the employer
 cont
Labor law can also refer to the set of standards
.for working conditions and wage laws
These laws, such as the Fair Labor Standards Act,
prohibits child labor, and sets a minimum
.wage
 cont
The Scope of Labor Law
To understand the major scope of Labor law, one
has to look at the likely and probable legal
consequences which may follow it in a
situation where there is a breach of any of the
obligations imputed on either the employer or
..the employee
 cont
A typical example of the scenario being
examined is wrongful dismissal of an
employee by the employer without recourse
to the regulations and guidelines of the
.company
This under the law is a typical example of
wrongful dismissal. This will automatically give
rise to a civil proceeding at the instance of the
.wrongfully dismissed employee
 cont
On the other hand where an employee who is
under an obligation to give adequate and
substantial notice to his employers before
quitting such job abandons his employers
without recourse to the conditions of his
.employment
 cont
Purpose of Labor Law
One of the major purposes of labor law is to
regulate the relationship between an
employer and an employee. By this, the
common law and statute have established that
an employer is under an obligation to ensure
.the safety and security of his employee
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Therefore, it is now recognized that an employer
owes a duty to each employee to take such
action as the nature of the work and
circumstance of the employee demand so that
the employee is reasonably safe at his place of
.work
 cont
the primary purpose of labor law is that it
imposes direct liability on the employer and is
.liability for negligence of his servants
This is a duty imposed on the master and
..recognized by the law
 cont
The sources of labor law
sources of labor law in this context should be
understood to mean ―legal instruments
which will have impact in regulating
employment relations or in resolving
‖.employment disputes if and when they arise
 cont
These sources could be categorized into national
and international or into public and private
.instruments
The international ones are mainly Conventions
.and Recommendations
 cont
International Labor Conventions and
Recommendations differ from the point view
of their legal character: Conventions are
instruments designed to create international
obligation for the states which ratify them,
while Recommendations are not designed to
create obligations but provide guidelines for
.government action
 cont
The sources of employment law of national
origin may be classified into public and private
.ones
The public acts include; the FDRS Constitution,
the Somalia Labour Code, the Federal Civil
. .Service and the Regional Civil Service Acts
 cont
Private act as a source of law for the Civil Service
.does not seem to be applicable
For one thing, the contract of employment
between the Civil Servant and his/her
employer (i.e. the government office) will be
an administrative in nature and public law in
.branch
 cont
Article 24. Labour Relations ( Somali constitution)
.Every person has the right to fair labor relations )1(
Every worker has the right to form and join a )2(
trade union and to participate in the activities of a
.trade union
.Every worker has the right to strike )3(
Every trade union or employers organization or )4(
employer has the right to engage in collective
.bargaining regarding labour-related issues
 cont
All workers, particularly women, have a )5(
special right of protection from sexual abuse,
segregation and discrimination in the work
.place
Every labor law and practice shall comply with
.gender equality in the work place
 cont
SELF ASSESSMENT EXERCISE
?What are the major sources of labor law. 1
?State the purpose of labor law.2
?Trace the history of labor law .3
?Define labor law .4
?Discuss the scope of labor law.5