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I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws. In this paper, I focused on the major differences between the US and EU regulations of the following labor issues: employment contracts and termination of employment; working hours; sick leave and holidays; maternity and paternity leave; discrimination; child labor; workforce restructuring; privacy protection. First things first, termination of employment and employment contracts. There are a lot of significant differences in this domain between the US and EU, but foremost is that in the United States there is no legal requirement for an explicit labor contract. Most employment is on an at-will basis, which means that either the employer or employee can terminate the employment without any prior notice at any given point of time if the reasons for this are lawful. Notably, American federal laws and the US Fair Labor Standards Act do not mandate that employers should notify their employees before termination. An employer can fire an employee for any reason other than discrimination, retaliation, defamation, breach of explicit contract or fraud. On the contrary, in... ... middle of paper ... ... to measure governmental performance around the world in meeting the needs of working families. To complete the index, data was gathered from 177 countries that represent a wide range of political, social and economic systems. Their findings revealed that 137 countries mandate paid annual leave, including 121 countries that guarantee 2 weeks or more each year. In contrast, the United States does not require employers to provide paid annual leave. In addition, at least 145 countries provide paid sick days for short- or long-term illnesses, with 136 providing a week or more annually. More than 81 countries provide sickness benefits for at least 26 weeks or until recovery. The US provides only unpaid leave for serious illnesses through the FMLA (Family and Medical Leave Act 0f 1993), which does not cover all workers. More information on this can be found in appendix.
MacLaury, J. 1998. “A Brief History: The Department of Labor.” The United States Department of Labor.
The primary objective of a trade union is to improve the well being of its members. They were formed to counter the superior economic power of the employers. It has long been recognised that the market dominance of employers could onl...
at some point all employees will eventually need time off from work to deal with either a serious personal illness or other family obligations. “Many European nations took to the idea of making balancing family and work easier for employees but the movement did not gain momentum in the United States until the late 60s and 70s when working women were no longer the minority” (AAUW). There was a general shift in the nature of the common everyday american household and a two income household was slowly but surely becoming the new reality of american life.
The 'Standard' of the 'Standard'. Role of Labor Unions in Labor Markets. In R. C. Free (Ed. 21st Century Reference Series.
By neglecting to acknowledge the importance of balancing work and life, policies have failed to support employees and their circumstances. This disregard has also cost taxpayers their well-earned dollar. And who are these taxpayers? Needless to say, they are our employees. The Family and Medical Leave Act stipulates that employees are allowed a twelve (12) work-week leave in a twelve (12) month period (for specified situations dealing with childbirth, adoption, family care, serious health conditions etc.). Unfortunately, this act does not specify that the said employees on leave MUST be paid, and it only applies to about sixty (60) percent of all workers. The Federal government is the single largest
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.
Harbridge, R. and Walsh, P. (2002), Globalisation and labour market deregulation in Australia and New Zealand: Different approaches, similar outcomes, Employee Relations, 24(4): 423-436.
Document H: Nathan Appleton " Labor and Wealth in Europe and America," Annals of American History. Ed. Labor, Its Relations in Europe and the United States Compared, Boston, 1844.
The Industrial Revolution that took place after the Civil War made for a more economically sound country. American workers, however, were becoming more and more dependent upon their wages; a fear of unemployment also stemmed from this. Workers didn’t share in the benefits that their employers reaped. In a chart representing the hours and wages of industrial workers, from 1875 to 1891, it shows that even though their wages were subtly increasing, their 10-hour work day remained the same (Doc. A). Factories were headed by large corporations; this, in turn, meant that new machines lessened the amount of workers in certain fields. As a result of these unsuitable conditions, labor unions were formed. The challenges that these unions faced weren’t easy. If the workers involved in organized labor got too far out of line, these corporations could get federal authorities involved. Moreover, these companies could enforce “ironclad oaths” upon their employees. In a Western Union Telegraph Company employee contract, in 1883, it states that the employee will not be affiliated with any societies or organizations (Doc. E). Despite such setbacks, by 1872 there were over 32 national unions.
Blanpain, R and Bamber, G J. (2010). Comparative Labor Law and Industrial Relations in Industrialized Market Economies: Xth and Revised Edition. Alphen aan den Rijn: Kluwer Law International.
The role of government involvement in the union labor has increased during the twenty years. Hyman (2009) express the interaction with government agencies as it relates to civil services, and nation-states laws that are influence by managers in the global market union interaction. The review of governments, and political influences has shaped employment relations in terms of fair wages resolutions, public sector employees, and trade unions.
In many parts of the world, labor violations are still present. Workers are forced to work in dangerous and unsafe places under harsh conditions. They work for long hours, yet receive little pay. Employees are not guaranteed protection or rights. Many
Employment Law Introduction; "To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal? " Mutual trust and confidence:- There are certain duties that an employer has to apply to its employee. This is to obtain a mutual obligation of trust and confidence between each other. A duty of cooperation is owed, if the employer doesn't show a duty of cooperation to the employee, this then can lead the employee to terminate the contract, sue or affirm the breech and continue.
Lafer, G., (2013). The Legislative attack on American wages and labor standards, 2011-13. Retrieved from https://docs.google.com/viewer?url=http://www.epi.org/files/2013/EPI-Legislative-Attack-on-American-Wages-Labor-Standards-10-31-2013.pdf&hl=en on 07/25/2014.
The laws and regulations surrounding Industrial Relations since the 1900’s have, at each reform, placed tighter constraints on the amount of power unions are able to exert. The reforms have also radically increased managerial prerogative, through an increased use of individual bargaining, contracts and restrictions imposed on unions (Bray and Waring, 2006). Bray and W...