This paper demonstrates the understanding of zero hour contracts in the context of UK. The contract zero hours is (zero hours contract) a contract of employment that does not guarantee person hours of work. It also contains an exclusivity clause forbidding a person to accept another job. With zero hours contract, one can have the same entitlement, paid in the event of sickness and maternity leave as other workers. The employers sometimes illegally refuse these rights. They cannot give a person enough work to qualify the rights that require a minimum income limit. Zero hours contracts are widely used in sales, hospitality, work for agency and other low-income jobs. One will not have guaranteed hours of work during the week, one cannot get any …show more content…
It is estimated that for example in McDonalds in the UK for over 90% of workers are zero-hour contracts, but it is known that in other food chains such as Subway there are also people who work well. According to Zhong, Hedges, Ahlefeldt, Bartholomew, Beavan, Wittig, Longdell and Sellars (2015), employers, who have increasingly used this form of contracting with rising unemployment (camouflaging also like statistics), see only advantages in having employees who can work week-yes-week-not day-yes-day-not without pay them when they are not. Yu, Tesfatsion and Liu (2012) explains that majority companies still require exclusivity, which means that many workers to zero-hour contracts cannot cover its partial unemployment or full with other activities. Although the official statistics of the British government point to 250 000 people are working zero-hour contracts, a report released yesterday by the Chartered Institute of Personnel and Development (CIPD), the result of surveys of more than 1,000 employers, estimates that the total number already exceed one …show more content…
In accordance of Zhong et.al (2015), the unions dispute this form of contracting, while local bosses repeat the neoliberal cassette also hear around here (not only among employers but also from the mouth of the leader of the UGT), even though there is precarious contracts but would be even more unemployment. It is better to work precariously than being unemployed. So it increases the precariousness, which in turn increases unemployment. The nineteenth century is not around the corner, has come again - either in the name of mini jobs, false green receipts or zero-hours contracts, we have entered a time machine that it is urgent to
The invisible workforce consists of the low-wage workers that face harsh working conditions, a few or no benefits, and long hours of labor that exceed the regular business week. Barbara Ehrenreich, narrates her experience of entering the service workforce, in the book Nickel and Dimed. She proves that getting by in America working a minimum wage job is impossible. Although, the book was written in the 1990’s, the conditions in which minimum wage workers lived still prevail today. Minimum wage no longer serves its original purpose of providing a living wage for the invisible workforce.
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
To conclude this analysis on the basis of the labor’s extensive history, Sloane & Witney (2010) propose, “it is entirely possible that labor’s remarkable staying power has been because of the simple fact that to many workers, from the nineteenth century to the present, there really has been no acceptable substitute for collective bargaining as a means of maintaining and improving employment conditions” (p.80). In the end, it is important to anticipate unions and employers presently work together to find solutions that will enhance collective bargaining strategies and practices to serve the interest of both parties.
Factories were known for their ill treatment of their employees, long hours and dirty and unsafe conditions. In 1866, unions started to form to improve working conditions for the workers. A fundamental problem faced by democratic societies is as long as people live their lives individually and go their separate ways and be selfish individuals, they are unlikely to meet collectively to resolve issues. There needs to be meaningful unity among people to alleviate this problem to get people obliged to one another, so there is a willingness to sacrifice for shared goals. Bonding of its citizens creates a democracy. Unions seemed to offer the middle class a chance to become a crucial part of fostering institutions of constitutional democracy. The unions have went through several transitions, but have always worked for the working force. I will discuss the history of the various unions, their wins and losses, and the struggle of the employee to achieve democracy in the workplace.
The employment agency even has offices in the Shirebrook Headquarters; they manage the workers from day to day, including hiring and firing. As workers are employed under zero hour contracts, they are seen under law as a worker, not a temporary employee and so is assumed that the worker receives regular work and income. This means that they do not receive the same privileges, most importantly, they are not protected from unfair dismissal and don’t have to be given any notice. In the case of Sports Direct, more than 14,500 of their workers (over three quarters of their workforce) have no option but to live on zero hour contracts. One of these workers said “You work under the impression that you could lose your job from day to day” (Dispatches, 2015: 49:24mins). This is a problem because it leaves many employees working under a constant lack of job security and can be highly demotivating; why put maximum effort into working for a firm that could fire you
Having evaluated the current state of English contract law, mainly made up of piecemeal solutions, it can be seen that despite being satisfactory and doing its job, there still remain gaps within the law of contract where unfairness is not dealt with. Moreover, due to the ad hoc nature of those piecemeal solutions, the latter have often produced inconsistent justice and have manifested cases of unfairness. Hence, “a relatively small number of respected Justices have endeavored to draw attention to the fact that the application of a general principle might be useful and even necessary in English law.”
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
The use of contingent workers is on the rise. The U.S. Bureau of Labor Statistics defines contingent workers as anyone who "does not have an explicit or implicit contract for long-term employment" (Phillips & Gully, 2011 pg 51). This definition includes independent contractors, freelancers, consultants, and temporary workers who may or not work for an agency. In the past 50 years, temporary workers have been crucial to many businesses, and their role in business is growing. Companies must recognize potential problems and concerns brought about by employing temporary workers, and adjust their approach to staffing.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Workers were needed in coal mines, steel works, railways and ship yards, in labour that pulled them away from agricu... ... middle of paper ... ... facilitates economic exploitation. Bibliography Beetham, David, 1984 – The Idea of the Modern State.
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
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.
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...
As we already know unless you get a raise working fewer hours directly means less pay, and of course it means you can buy less things. Well when you make a certain amount of pay you make a standard of living for yourself, as you lose or gain income your standard of living fluctuates however, after your pay goes from being higher to lower your standard of living doesn't drop back down to what it was if you had made money before. For example, let's say you made 200$ a week, then you got a raise to 3...
There are many different approaches and theories regarding industrial relations nowadays. In order to mount an opinion on which is the ‘best’ or most appropriate theory of industrial relations, each theory will have to be analyzed. The three most prevalent theories of industrial relations which exist are The Unitarist theory, The Pluralist theory and The Marxist theory. Each offers a particular perception of workplace relations and will therefore interpret such events as workplace conflict, the role of trade unions and job regulation very differently. I will examine each of these theories in turn and then formulate my own opinion regarding which is the ‘best’ or most appropriate theory.