Employment Law

The term Employment Law covers a wide range of topics that relate to the employee and employer relationship. It is also commonly referred to as Labor or Labour Law. It encompasses a body of laws, restrictions, administrative rulings and precedents that address the legal rights of working people as well as restrictions of the employer and employee relationship.
The basic feature of employment law in almost every country is that the rights and obligations with the employee and employer relationship are governed and mediated through a contract between the two. However, many of the terms and conditions of the contract are implied by legislation and common law. In the United States, the majority of state laws allow for employment "at will", meaning the employer is able to terminate an employee for any reason, as long as the reason is not an illegal reason.

One of the most common employment laws incorporated in most countries around the world is the Minimum Wage law. The minimum wage is the lowest wage an employee can be paid and is determined by the forces of supply and demand in a free market. This acts as a price floor.
The United States was the first country to employ a minimum wage in 1938. This was followed by India in 1948, France in 1950 and the United Kingdom in 1998. In the European Union, 18 of the 25 states have minimum wage laws.
Another common employment law is the Working Time law. This not only governs the amount of time an adult is allowed to work, but also the amount of time that children can work. This also includes mandates of how much vacation time must be given to employees.
In the United States, the Wages and Hours Act of 1938 set the maximim standard work week to 44 hours and in 1950, this was reduced to 40 hours. Despite this law, there are some jobs that require more than 40 hours to complete the tasks of the job. For example, if you are a farm worker, you can work over 72 hours a week, if you want to.

Labour law (also called labor law or 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. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour 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 (such as the former U.S. Employment Standards Administration) enforce employment standards codified by labour law (legislative, regulatory, or judicial).

Employment Law and Employee Rights

In the workplace, an employee's rights will depend on an individuals statutory rights, and rights set out the employment contract. Your employment contract may give you as an employee greater rights than those set out by statutory employment law. In these circumstances, the terms of your employment contract apply and need to be met by the employee to benefit from enhanced rights in the workplace.
Statutory rights are laws set out by the government that apply to all workers and workplaces. Employers have a legal obligation to comply with employee statutory rights as set out by parliament, and failure to do so could result in expensive employment tribunal claims.
Nevertheless, some of these statutory rights are not applicable for some workers who may be agency workers or employed with an organisation within a probationary period. This statement will set out employee statutory rights to the following:
- A minimum of 28 days leave per annum for full time employees, pro rata for part time employees.
Have paid time off to look for work if they have been made redundant once the employee has worked for that organisation for 2 years.
- The right to be paid maternity/paternity leave.
- The right to ask for flexible working hours to care for children or adult dependents.
- The right to request unpaid parental leave following 1 years service.
It is important that employers understand their statutory obligation set out by employment law and continue to offer their employees statutory rights. Enhanced rights are not necessary, however can form part of a wider benefits package that make an organisation an employer of choice.

Seeking Employment Law Advice

Whatever the size of your organisation, you should always be prepared to deal with employee relations issues when and if they arise. Pro-actively planning procedures and creating policies are a necessity in any organisation as these will go a long way in reducing the number of employment law issues within your organisation.
Not only is this important to ensure you comply with employment law regulations, but also to ensure you have a happy and motivated workforce.
The employment relationship can be a difficult one. An organisation should have various policies in place to handle certain circumstances where statutory employment law needs to be taken into consideration. Examples of this include maternity and paternity leave, flexible working, disciplinary and grievance procedures, working time regulations, minimum wage, employee leave entitlement and much more.
These policies and procedures need to be in place to ensure fair and consistent treatment of employees not only in regards to the law, but also each other. However, should you require more detailed advice and guidance in a particular area, then an employment law specialist is your best option.
These professionals are trained in all aspects of employment law and will be able to provide you with up to date knowledge and advice around general themes or a specific case that you may need assistance with.
Smaller organisations may lean on the expertise of specialists more than larger businesses due to a lack of an internal HR Team, however larger organisations are more likely to have more employee relations issues that require more attention and detail than a HR team can manage.
Furthermore, as the law continually changes and current statutory rights are regularly updated, it is important that all organisations amend their current policies and procedures to reflect these changes. Employment law advice from a specialist is key to developing positive employee relations within your organisation.
EBS Law provide a retained UK employment law service for employers including contract drafting, unlimited advice and a tribunal scheme. For an immediate quote please visit our website at http://www.ebslaw.co.uk

Employment Law Solutions

Employment Law is not always as negative as it may appear to some organisations. Employment Law states that companies are not allowed to discriminate when it comes to the equality and diversity of their workforce, and one place in particular where this law needs to be enforced is with the recruitment of new employees into the organisation Candidates applying for vacancies should not be discriminated against with regards to their race, religion, gender, sexual orientation, ethnicity or if they have a disability.
Employers are legally obliged to put systems in place to ensure that there are equal opportunities for all potential candidates to apply for vacancies, and that none of the candidates who submit applications for employment are discriminated against in relation to the above.
Although this legal requirement set out by employment law may require additional resources whereby HR separate applications to ensure Recruiting Managers are not privy to any personal details to ensure candidates are not discriminated against, this process ensures that the organisation not only recruits the best candidate for the job, but allows it to benefit from a diverse workforce.
Drawing on the knowledge and experience of all employees in an organisation allows the company to approach its development with a wealth of diverse ideas and information. Drawing on the benefits of a positive Equality and Diversity Policy encourages the use of best practice, the brand of an employer of choice and allows the organisation to benefit from a diverse workforce with a flexible approach.
EBS Law provide a retained UK employment law service for employers including contract drafting, unlimited advice and a tribunal scheme. For an immediate quote please visit our website at http://www.ebslaw.co.uk

Related Posts by Categories

Widget by World Databases | Online Schools