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Introduction on employee rights
Aspects of employment law
Employee vs employer rights
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Employment law (EL) is a system that was set up to protect employees by instituting laws that require standards for employers to follow in the treatment of their employees. This can include providing benefits to the workers such as health insurance to the employee and their families. Employment law protects workers from being discriminated against because of race, religion, disability, gender, sexual orientation, or being a veteran. Employment law is a necessary system that the government can oversea to protect human rights in the workplace.
EL covers many topics between the employee and employer relationship. It is also called Labour Law. In most countries the employment law refers to rights and obligations that are stated in a contract
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Limiting weekly work hours and regulating workplace safety and cleanliness was an important change that was made.
The EL covers two types of laws of protection. The first is collective labor laws, which is usually seen between the employers and the unions made up of employees. This area of the employment law covers such actions as union strikes, picketing and workplace involvement of the unions. The second type of employment law is individual labor law such as minimum wage, hours of work, safety in workplace, and dismissal of employees.
Less than one hundred years ago, employers could treat their employees any way they saw fit. Many times it was not to any workers benefit, as they were under abusive long hours throughout the workweek. The working environment was often times filthy at its best, making an unhealthy situation in the workplace. No benefits such as workers compensation or health insurance were in place and one could be fired at the whim of the employer at any time. Employment law is the direct result from the Industrial Revolution, when workers were unfairly treated. Abuse of child labor was also a result before employment law was instituted. It was clear after so much abuse of workers in the newly industrialized world that the government had to step in. This was the beginning of real change in the work place toward such abusive practices and has set a high standard that will be in place down through the
The changes after the Triangle Shirtwaist fire involved 4 main groups and public voters. No single group alone had the far reaching effects like the progressive movement, politically liberal and socially democratic. Without all four groups putting pressure on the legal system, the media exposing the flaws of the current industrial, political system along with the uprising that is the beginning of women’s suffrage, the labor laws would not have undergone the radical changes that are the backbone of modern day labor laws. The fact all doors must remain open and unlocked during business hours, in 21st century America, arose from the ashes of the fatal Triangle Shirtwaist fire, To the deceased, American manufacturing employees are grateful, though they may not be entirely knowledgeable about the origins of their current labor laws.
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
The way in which people work in the labor force and are managed has changed quite a big deal since the beginning of the Industrial Revolution. Prior to the Industrial Revolution many people worked on the land and worked at a pace that was applicable for them with no one looking over their shoulder to make sure work was being done. One of the biggest reasons for the changes to the industrial society pertains to the discipline and surveillance in the labor force. Some of the many changes that that occurred because of the how laborers worked and having a manager were: strikes, the ending to child labor, creation of the middle class, and new political ideology.
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
In the beginning in the late 1700 and early 1800 hundreds when the Industrial Revolution when many families had to find someone to work or they wouldn 't survive in this decade this started child labor you might be asking yourself what is child labor, child labor is work that harms children or keep them from attending school or trying to get an education to better themselves. industrial labor organization made 215 million children between the ages of 5 and 17 had to work under the condition that are considered legal hazards or extremely exploitative in the environment that they worked in. underage children had to work also because usually their families were extremely poor and didn 't have enough money to support their selves for their children by them doing this there are many things that involved child labor when it came to the mistreating them. Such as them getting
The introduction of these long term reforms overcame the short term problem encountered. The use of child labour from very young ages had allowed employers to gain very cheap labour but with the Factory Act this exploitation was no longer legal. Also the basic needs of sanitation were not met until the Public Health Act was implemented and addressed these needs. These reforms led to further improvement over the years that resulted in the working conditions we have today. To conclude the short term issue encountered were vastly outweighed by the reforms they caused giving the general public safer and cleaner working conditions.
The Industrial Revolution restructured the employer-employee relationship into an impersonal association exhibited by indifference to the quality of life of the worker. Children were especially exploited because they could be hired for lower wages and were made to work equally long days (Miller). Around the 1830s, children constituted about one-third of the labor in New England (Illinois Labor History Society). The conditions of workers as a whole necessitated action on behalf of the rights of laborers.
The problem spread to other industrialized countries including the United States. Massachusetts passed a law in 1836 that required working children to receive some amount of schooling. Connecticut followed in 1842 with a law that created a maximum amount of hours children could work a day in a textile factory. It wasn’t until the Fair Labour Standards Act of 1938 that real progress was made in child labour in the United States. One example of these terrible abuses is the story of Iqbal Masih, a Pakistani child who was forced into labour as a carpet weaver. At the age of four, the boy was sold as an indentured servant to a factory owner for ...
Working conditions during the industrial revolution made labor laws and rights happen. Thinking back to the 19th century in England, working conditions have improved tremendously. Unfortunately it had to start with devastating conditions of employment for people, but look at where England is today.
Many states were involved and enacted laws by the 1920s. Overall 36 states set laws against children, under the age of 16, working in factories at night or over eight hours. As a result, a lot people began to see the negative sides of child labor and advocated for children. More kids went to school for free and worked until they were 16. Thanks to the International Labor Organization, they’ve kept an eye out to regulate work since the twentieth century.
The Unfair Dismissals Act 1977-2007 was set up to give clear guidelines on how an employer’s decision to dismiss an employee may be contested by an independent body. The main purpose of this Act is to shield employees from unfair dismissals. It also provides for an adjudication system and a redress system to those employees whose dismissals have been found to be unfair.
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Labor relations emerged as response towards combating the economic unrest that accompanied the 1930 Great depression. At this period, massive unemployment, decreasing salary and wages, and over competition for jobs despite poor working conditions, was being experience; especially in the US. In turn employees were aggravated and therefore resorted to labor strike that often escalated to violence. To avoid such incident that could potentially harm further an ailing economy, the US government set precedent by passing their first related Labor relationship act, also referred to as the Wagner act. This act excluded public sector and some employees in the informal sector, farm workers to be specific. However, the progressive change in business and labor environment, necessitated changes in the labor laws to ensure they are more inclusive (Haywood & Sijtsma, 2000).
The theory holds work to be governed by a wide range of formal and informal rules and regulations, which cover everything from recruitment, holidays, performance, wages, hours, and a myriad of other details of employment. It asserts that these rules are what industrial actors try to determine, that their establishment is influenced by the wider environmental context in which the actors operate, and that the actors themselves share an interest in maintaining the processes of negotiation and conflict resolution. On the back of these assertions four elements are held to make up the system of industrial relations rule-making. The first is industrial actors, which consists of employers and their representatives (i.e., employer associations), employees and their representatives (i.e., trade unions), and external agencies with an interest in industrial relations (i.e., government departments and labour courts). The second is the environmental context, which