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Encyclopedia > Labour and employment law
The labour movement series
Child labor
Eight-hour day
Labour in economics
Labour history (discipline)
Labour law
Labour rights
Proletariat
Trade union
Strike
General strike
List of strikes
Syndicalism
Social Movement Unionism
Worldwide:
Comparisons
Unions by country
List of trade unions
Issues & events timeline

Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses 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 unionised workplaces are differentiated from those relating to particular individuals. In most countries however, no such distinction is made. However, there are two broad categories of labour law. 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 (or labor movement) is a broad term for the development of a collective organization of working people, to campaign in their own interest for better treatment from their employers and political governments, in particular through the implementation of specific laws governing labor relations. ... Child labor (or child labour) is the employment of children under an age determined by law or custom. ... The 8-hour day movement or 40-hour week movement (a. ... In classical economics and all micro-economics labour is a measure of the work done by human beings and is one of three factors of production, the others being land and capital. ... Labor history (or labour history) is a broad field of study concerned with the development of the labor movement and the working class. ... Labor rights are laws created in order to always have fairness and keep peace between employees and employers. ... The proletariat (from Latin proles, offspring) is a term used to identify a lower social class; a member of such a class is proletarian. ... A Trade Union (Labour union) ... is a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment. ... A general strike is a strike action by an entire labour force in a city, region or country. ... The following is a list of deliberate absence from work related to specific working conditions (strikes) or due to general unhappiness with the political order (general strikes). ... Syndicalism refers to a set of ideas, movements and tendencies which share the avowed aim of transforming capitalist society through action by the working class on the industrial front. ... Social Movement Unionism is a trend of theory and practice in contemporary trade unionism. ... This is a list of trade unions and union federations by country. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... English language spread in the United States. ... Equality and the balancing of our interests under law is symbolised by a blindfold and weighing scales For other senses of this word, see Law (disambiguation). ... A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... A contract is a legally binding exchange of promises or agreement between parties. ...


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. The labour movement (or labor movement) is a broad term for the development of a collective organization of working people, to campaign in their own interest for better treatment from their employers and political governments, in particular through the implementation of specific laws governing labor relations. ... Labor rights are laws created in order to always have fairness and keep peace between employees and employers. ... A Watt steam engine in Madrid. ...

Contents

The function and origins of labour law

Labor law arose due to the demands of workers for better conditions, the right to organize, and the simultaneous demands of employers to restrict the powers of workers' organizations and to keep labour costs low. Employers costs can increase due to workers organizing to win higher wages, or by laws emposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organisations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some may be opposed to. The state of labour law at any one time is therefore both the product of, and a component of, the conditions for, struggles between different interests in society. A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers...


Workers' and trade union legal rights in the United States are relatively restricted, compared to most European countries. As a counter-example, if labor laws are more protective in France, due to social, historic and cultural differences, illegal aliens may not be legally contracted. Thus, they have a more difficult time finding jobs and often work in the underground economy. However, if they do manage to get residency or, better yet, be naturalized, than they will experience better labor conditions than they would if they immigrated to the United States. This box:      The underground economy or shadow economy consists of all commerce that is not taxed. ... Naturalization is the act whereby a person voluntarily and actively acquires a nationality which is not his or her nationality at birth. ...


Collective labour law

Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions (or labour unions) are the form of workers' organisation most commonly defined and legislated on in labour law. However, they are not the only variety. In the United States, for example, workers' centers are associations not bound by all of the laws relating to trade unions.

See also: Trade Union

A Trade Union (Labour union) ... is a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment. ...

Strikes

Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.
Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.
Main article: Strike action

Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that: Image File history File links Tyldesley_miners_outside_the_Miners_Hall_during_the_1926_General_Strike. ... Image File history File links Tyldesley_miners_outside_the_Miners_Hall_during_the_1926_General_Strike. ... See also general strike, or for other uses see: strike (disambiguation). ... See also general strike, or for other uses see: strike (disambiguation). ...

  • The strike is decided on by a prescribed democratic process. (Wildcat strikes are illegal).
  • Sympathy strikes, against a company by which workers are not directly employed, may be prohibited.
  • General strikes may be forbidden by a public order.
  • Certain categories of person may be forbidden to strike (airport personnel, health personnel, police or firemen, etc.)
  • Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals.

Strike action (or simply strike) describes collective action undertaken by groups of workers in the form of a refusal to perform work. ... A sympathy strike is a labour strike that is initiated by workers in one industry and supported by workers in a separate but related industry. ... A general strike is a strike action by an entire labour force in a city, region or country. ... In urban planning, the notion of public order refers a city containing relatively empty (and orderly) spaces; which allow for flexibility in redesiging the citys layout; such perceptions played an important role in the establishments of suburbs. ... See also general strike, or for other uses see: strike (disambiguation). ... A hospital today is an institution for professional health care provided by physicians and nurses. ...

Pickets

Main article: Picketing

Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business which they are striking against, in order to make their presence felt, increase worker participation and dissuade (or prevent) strike breakers from entering the place of work. In many countries, this activity will be restricted both by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel in order to join a picket). There may be laws against obstructing others from going about their lawful business (scabbing, for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example). Employees of the BBC form a picket line during a strike in May 2005. ... Employees of the BBC form a picket line during a strike in May 2005. ... A strikebreaker is a heroic figure with a free mind and free will, considered by many to be the culmination of human virtue. ... Employees of the BBC form a picket line during a strike in May 2005. ... See also general strike, or for other uses see: strike (disambiguation). ...


Boycotts

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. Look up Boycott in Wiktionary, the free dictionary. ...


Unofficial industrial action

Throughout history, workers have used tactics such as the go-slow, sabotage or just not turning up en-masse in order to gain more control over the workplace environment, or simply have to work less [http://www.af-north.org/lordstown.html 1. Some labour law explicitly bans such activity, none explicitly allows it. Sabotage is a deliberate action aimed at weakening an enemy through subversion, obstruction, disruption, and/or destruction. ... 1AD redirects here. ...


Trade unions and their members

The law of some countries place requirements on unions to follow particular procedures before certain courses of action are adopted. For example, the requirement to ballot the membership before a strike, or in order to take a portion of members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the 'right to work' legislation in some of the United States. ...


Co-determination

Main article: Co-determination

Originating in Germany, some form of co-determination (or Mitbestimmung) procedure is practised in countries across continental Europe, such as Holland and the Czech Republic. This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However German company law uses a split board system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976. Co-determination (also: codetermination) is a practice whereby the employees have a role in management of a company. ... Helmut Heinrich Waldemar Schmidt (born December 23, 1918) is a German Social Democratic politician. ... SPD redirects here. ...


In Britain, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy). This was released in 1977 by the James Callaghan Labour government. This proposal involved a similar split on the board, but its effect would have been even more radical. Because U.K. company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than gives shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However no action was ever taken as the U.K. slid into the winter of discontent. This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented. The Bullock Report was a report proposing for a form of worker participation or workers control, named for Alan Bullock. ... Leonard James Callaghan, Baron Callaghan of Cardiff, KG, PC (27 March 1912 – 26 March 2005), was Labour Prime Minister of the United Kingdom from 1976 to 1979. ... The Winter of Discontent is a nickname given to the British winter of 1978–79, during which there were widespread strikes by Trade unions demanding larger pay rises for their members. ...


Individual labour law

Individual labour law deals with peoples rights at work place on their contracts for work. Where before unions would be major custodians to workplace welfare, there has been a steady shift in many countries to give individuals more legal rights that can be enforced directly through courts.


Equal opportunities in recruitment, pay and treatment

This clause means that discrimination is morally unacceptable, in particular racial discrimination or sexist discrimination. Manifestations Slavery · Racial profiling Hate speech · Hate crime Lynching · Gay bashing Genocide · Holocaust Ethnocide · Ethnic cleansing Pogrom · Race war Religious persecution Movements Discriminatory Aryanism · Neo-Nazism White/Black supremacy Hate groups · Kahanism Anti-discriminatory Abolitionism Womens/Universal suffrage Civil rights · Gay rights Childrens rights · Youth rights Policies Discriminatory... An African-American drinks out of a water fountain marked for colored in 1939 at a street car terminal in Oklahoma City. ... The sign of the headquarters of the National Association Opposed To Woman Suffrage Sexism is commonly considered to be discrimination and/or hatred against people based on their sex rather than their individual merits, but can also refer to any and all systemic differentiations based on the sex of the...


Minimum wages

Main article: Minimum wage

There may be law stating the minimum amount that a worker can be paid per hour. Australia, Canada, China, Belgium, France, Greece, Hungary, Ireland, Japan, Korea, Luxemburg, the Netherlands, New Zealand, Portugal, Poland, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is the minimum rate a worker can legally be paid (usually per hour) as opposed to wages that are determined by the forces of supply and demand in a free market. ...


The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Those unable to command the minimum wage due to a lack of education, experience or opportunity would typically work in the underground economy, if at all. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not. The supply and demand model describes how prices vary as a result of a balance between product availability at each price (supply) and the desires of those with purchasing power at each price (demand). ... A free market is an idealized market, where all economic decisions and actions by individuals regarding transfer of money, goods, and services are voluntary, and are therefore devoid of coercion and theft (some definitions of coercion are inclusive of theft). Colloquially and loosely, a free market economy is an economy... A Price floor is a government-imposed limit on how low a price can be charged for a product. ...


Minimum wage laws were first introduced nationally in the United States in 1938[1], France in 1950[2], and in the United Kingdom in 1999[3]. In the European Union, 18 out of 25 member states currently have national minimum wages[4].


Rights to consultation, fair treatment, and against unfair dismissal

Convention n°158 of the International Labour Organization states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau (Essonne) conseil des prud'hommes (labor law court) judged the New Employment Contract (CNE) contrary to international law, and therefore "unlegitimate" and "without any juridical value". The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonnable", and contrary to convention n°158, ratified by France. [5] [6]. Termination of Employment Convention, 1982 is an International Labour Organization Convention. ... The International Labour Organization (ILO) is a specialized agency of the United Nations to deal with labour issues. ... April 28 is the 118th day of the year (119th in leap years) in the Gregorian Calendar, with 247 days remaining. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Demonstration against CPE, March 28, 2006, Paris Jussieu en lutte (Jussieu is fighting), Villepin va précariser. ... Longjumeau is a commune in the southern suburbs of Paris, France. ... Essonne is a French department in the region of ÃŽle-de-France. ... This article is in need of attention. ... Contrat nouvelle embauche (abbreviated to CNE, New Employment Contract aka New Recruitment Contract or sometimes New-job contract in English) is a new French job contract, proposed by prime minister Dominique de Villepin (UMP) and that came into force by decree on August 4, 2005. ... International law (also called public international law to distinguish from private international law, i. ...


Hours of labour and holidays

Further information: Eight-hour day

Before the Industrial Revolution, the workday varied between 11 and 14 hours. With the growth of capitalism and the introduction of machinery, longer hours became far more common, with 14-15 hours being the norm, and 16 not at all uncommon. Use of child labour was commonplace, often in factories. In England and Scotland in 1788, about two-thirds of person working in the new water-powered textile factories were children [7]. The 8-hour day movement or 40-hour week movement (a. ... A Watt steam engine in Madrid. ... This box:      Capitalism generally refers to an economic system in which the means of production are mostly privately [1] owned and operated for profit and in which distribution, production and pricing of goods and services are determined in a largely free market. ... Child labour or labor is the phenomenon of children in employment. ... Motto: (French for God and my right) Anthem: God Save the King/Queen Capital London (de facto) Largest city London Official language(s) English (de facto) Unification    - by Athelstan AD 927  Area    - Total 130,395 km² (1st in UK)   50,346 sq mi  Population    - 2006 est. ... Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Jack McConnell MSP Unification    - by Kenneth I...


The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. The 1802 Factory Act was the first labour law in the UK. The 8-hour day movement or 40-hour week movement (a. ... 1833 was a common year starting on Tuesday (see link for calendar). ... 1848 (MDCCCXLVIII) was a leap year starting on Saturday of the Gregorian calendar. ... This article needs to be cleaned up to conform to a higher standard of quality. ...


After England, Germany was the first European country to pass labor laws; Chancellor Bismarck's main goal being to undermine the Social Democratic Party of Germany (SPD). In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag. The Chancellor, then, adopted a different approach to tackling socialism. In order to appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security. The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, whilst old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government. Bismarck redirects here. ... SPD redirects here. ... The Reichstag (German for Imperial Diet) was the parliament of the Holy Roman Empire, the North German Confederation, and of Germany until 1945. ... Socialism refers to a broad array of doctrines or political movements that envisage a socio-economic system in which property and the distribution of wealth are subject to social control. ... Social security primarily refers to a field of social welfare concerned with social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment, families with children and others. ...


In France, the first labor law was voted in 1841. However, it limited only under-age miners' hours, and it was not until the Third Republic that labor law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions. With the Matignon Accords, the Popular Front (1936-38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime). 1841 is a common year starting on Friday (link will take you to calendar). ... The French Third Republic, (in French, La Troisième République, sometimes written as La IIIe République) (1870/75-10 July 1940) was the governing body of France between the Second French Empire and the Vichy Regime. ... Pierre Marie René Ernest Waldeck-Rousseau (December 2, 1846 - August 20, 1904) was a French statesman. ... 1884 (MDCCCLXXXIV) is a leap year starting on Tuesday (click on link to calendar) of the Gregorian calendar (or a leap year starting on Thursday of the 12-day-slower Julian calendar). ... A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... Also known as the Magna Carta of French Labor, the Matignon Accords of 1936 were an agreement to help the French Labor movement. ... The Popular Front was an alliance of left-wing political parties (the Communists, the Socialists and the Radicals), which was in government in France from 1936 to 1938. ... The word holiday has related but different meanings in English-speaking countries. ...


Health and safety

Other labor laws involve safety concerning workers. The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers. It has been suggested that Worker safety and health be merged into this article or section. ... Motto: (French for God and my right) Anthem: God Save the King/Queen Capital London (de facto) Largest city London Official language(s) English (de facto) Unification    - by Athelstan AD 927  Area    - Total 130,395 km² (1st in UK)   50,346 sq mi  Population    - 2006 est. ... A factory worker in 1940s Fort Worth, Texas. ... --69. ... Child labor (or child labour) is the employment of children under an age determined by law or custom. ... Sunday textile market on the sidewalks of Karachi, Pakistan. ...


Child labour

Main article: Child labour

Child labour or labor is the phenomenon of children in employment. ...

By location

International labour law and the International Labour Organisation

See the article International Labour Law or the whole Globalization and Workers' Rights section at the Actrav Distance Learning Project of the International Labour Organization [2]. The International Labour Organization (ILO) is a specialized agency of the United Nations to deal with labour issues. ...


Australian labour law

Main article: Australian labour law

The constitutional foundation for the facilitation of federal Australian labour law, through the action of the Australian Industrial Relations Commission is section 51, article 35 of the Australian Constitution. ...

British labour law

Main article: British labour law

British labour law is more commonly known as United Kingdom employment law or employment rights legislation. British labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Britain. ...


The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom. Their titles give a very effective summary of how the employment relationship was viewed up until the late 1950s. This article needs to be cleaned up to conform to a higher standard of quality. ... The Master and Servants Act was the culmination of a series of laws designed to regulate relations between employers and employees during the 18th and 19th centuries, although heavily biased on the employers terms. ...


The vast majority of employment law before 1960 was based upon the Law of Contract. Since then there has been a significant expansion primarily due to the "equality movement" and the European Union. There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under and Act of Parliament) and Case Law (developed by various Courts). 1960 (MCMLX) was a leap year starting on Friday (the link is to a full 1960 calendar). ...


The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Despite the fact that it has now been in place for more than thirty years, women in the UK still earn an average wage that is considerably below the equivalent wage for men.


Since the election of the Labour Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.


Advice on employment law in the UK is available from a variety of sources, including the ACAS helpline (0845 7474747) or, for workers in Scotland, the Scottish Low Pay Unit Employment Rights Advice Line (0845 6023802). Advice on sex discrimination at work is available from the Equal Opportunities Commission ([3]or 0845 6015901).


There are also a number of useful sources of information on the internet, such as the Department of Trade and Industry website: [4] and the Scottish Low Pay Unit's online employment rights pack: [5]


This is a list of the key Employment Law Anti-Discrimination legislation many of which have been updated over the years both by further Legislation or Case Law.


Anti-Discrimination Legislation

The Equal Pay Act of 1970 was established by the British Parliament to prevent discrimination as regards to terms and conditions of employment between men and women. ... The Sex Discrimination Act of 1975 was established by the British Parliament to protect men, women and transgendered people from discrimination on the grounds of gender. ... The Race Relations Act 1976 was established by the British Parliament to prevent discrimination on the grounds of race. ... The Disability Discrimination Act is a UK parliamentary act of 1995, which makes it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. ... The UKs Public Interest Disclosure Act provides a framework of legal protection for individuals who disclose information so as to expose malpractice and matters of similar concern. ... The Employment Equality (Age) Regulations 2006 (SI 2006/2408) is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonbly discriminating against employees on grounds of age. ...

Dismissal

Under United Kingdom law, specifically section 95(1) if the Employment Rights Act 1996, three events can constitute "Dismissal". These events are where:-

  • The employer terminates the employee's employment contract with or without notice;
  • a time-limited contract expires and is not renewed
  • The employer's conduct (e.g. where the employer fundamentally breaches the employee's employment contract) allows the employee to terminate the contract without notice. This is popularly known as "Constructive Dismissal".

Dismissal can be "fair" or "unfair". An employee who has been unfairly dismissed has a right to statutory compensation and further compensation for financial loss sustained in consequence of the dismissal. Such questions are dealt with by employment tribunals. Employment Tribunals are inferior courts in Great Britain which have statutory jurisdiction to hear many kinds of disputes between employers and employees. ...


For a dismissal to be "fair", an employer must give at least one potentially fair reason for the dismissal. Reasons recognised as being fair are stated in s.98(2) Employment Rights Act 1996:

  • relates to the capability or qualifications of the employee for performing work of the kind which he was employed by the employer to do,
  • relates to the conduct of the employee,
  • is retirement of the employee, (effective 1st October 2006
  • is that the employee was redundant,
  • Some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held,
  • is that the employee could not continue to work in the position which he held without contravention (either on his part or on that of his employer) of a duty or restriction imposed by or under an enactment.

The employer must also follow the Statutory Dismissal Procedure (albeit with exceptions) which follows the standard three stage process i.e.:

  • Give a statement of grounds for action and invitation to meeting
  • Hold the meeting, confirm the decision in writing, note the right of appeal
  • If appealed, repeat step 2.

Failure to follow this process will result in an "automatically unfair dismissal". An Employment Tribunal will be required to make an award to the employee and increase this by a minimum of ten to fifty percent - irrespective of the "moral" arguments of their case. A dismissal for a pregnancy related reason is also an automatically unfair dismissal.


Georgian labor law

After the Soviet Union broke up, and especially following the adoption of the Constitution of Georgia in 1995, the legal system in Georgia changed dramatically. But until 2006 there was the Labor Code of Soviet period in force, which indeed was not full member of the legal system. However, it was conferred with the “operational” function by the legislative branch. New Labor Code of 2006 has regulated legal labor relations differently. Pursuant to expert evaluation, new Labor Code has chosen liberal way of regulation of legal labor relations. Instead of imperative methods of regulation of legal labor relations (as it was in Soviet code), it is oriented on non-mandatory methods.


It is early to discuss effectiveness of the system. Prognosis concerning the effectiveness of the new Labor Code is quite positive; however, some criticise it saying that it seres interests of employers rather than employees. Nevertheless it is considered to offer more liberty to the content of the employment which will facilitate stimulation of healthy competition in the labor market.


The main features of the Code are:

  • Retroactivity: The Labor Code extends its force to the existing labor relations established before its adoption. However, this is not absolute retroactivity, meaning that Labor Code will not be applied to regulate labor disputes already arisen and submitted to courts before its adoption.
  • Stricter definition of legal labor relations: that is relation between employer and employee is established for the purpose of performance of the work by the employee for the employer followed by remuneration of an employee for the work carried out. Hence, performance of the work without remuneration and relation with the employer is not considered as legal labor relation.
  • Clear definition of the parties of the legal labor relations:According to the new Labor Code, subjects of the labor relations, therefore parties to the labor contract can be an employer, the employee and union of employees. An employer may be a legal, as well as natural entity or persons’union. The employee could only be a natural person and shall carry our a certain work determined by the labor contract for her/his employer in personal.
  • Extending workig age: In general the labor capacity of a person shall arise upon the attainment of the age of sixteen years, i.e. it is permitted to hire sixteen years old person without consent of his/her legal representative. Arising of labor capacity does not mean the arising of full capacity which normally arises upon attainment of the age of eighteen years.Accordingly, arising of labor capacity for a person attained at the age of sixteen years does not extend to other legal relations and is related only to the right to conclude the labor contract. It is also possible to conclude a labor contract with the person under sixteen. However, in this case, the employer shall request the consent of statutory representative of person or guardianship and curatorship agency. While hiring a person under 16 several mandatory terms are to be observed: a) labor relations shall not be at variance with the interest of a minor, shall not impair his/her moral, physical and mental development and b) shall not prevent him/her from receiving the compulsorily education. The labor contract with the minor under the age of fourteen years may be concluded only in the fields of sport, art, cultural activities and advertising . However, it is strictly prohibited to involve a minor under the age of fourteen i ngambling business, night entertainments,in making, transportation and realization of erotic,pornographic, pharmaceutical and toxic products, or for harmful and dangerous work.
  • Determination of the form and duration of the labor contract: the labor contract may be concluded in oral or in written form, definite, indefinite term or for the period of performance of a particular work. Written labor contract shall be concluded in a language understandable for the parties.Written labor contract may be concluded in several languages. If a contract is concluded in different languages, it shall include provision as to which if these contracts have a priority, when there is a conflict between various contract provisions. An application of a natural person and a document issued by the employer on the basis of this application, which confirms the will of the employer to hire a person, is equal to the conclusion of the labor contract. Hence, an order issued by the employer may be equal to oral or written labor contract, if an application of an employee and the order of the employer refer to the essential terms of the contract. If there are several labor contracts concluded, which fill and not fully substitute each other, all contracts remain in force and are considered as a single contract. The previous labor contract remains in force in so far as its provisions have not been changed by the subsequent contract.In case of several labor contracts concluded with the employee on the same terms, the priority is given to the last contract. The labor relations arise upon actually beginning of the work by the employee, unless otherwise stated in the labor contract. If parties have not concluded oral or written contract or the order has not been issued and employee has actually commenced work on the basis of the will of the employer without agreeing the essential terms, this relation will be considered as a legal labor relation, however, it requires the agreement of the parties on the essential terms of the contract. The new Code permits job combination, i.e. an employee may have a possibility to be in labor relation with several employees.Although, the Code allows job combination, it stipulates, however, that the performance of other remunerated work is possible only during the free time, when the main work is not performed. The right of an employee to perform the other work may be limited by the labor contract, if performance of such work may impede the carrying out of the task related to the main work or/and a person for whom the combined job must be performed, is a competitor of the employer.
  • Introduction of probation contract: contract for probation period to test the suitability of the person (employee) for the work. In this case the person is given a status of "candidate", not "employee".When concluding this type of contract the following terms shall be met: 1. Agreement of the parties on the conclusion of the contract for the probation period is necessary. 2. The conclusion of the contract for the probation period with the candidate is permissible only once. 3. The period for probation, determined by the contact, shall not exceed six month. 4. A contact for the probation period may only be concluded in writing, otherwise such contract shall be deemed as a labor contract. At any time during the probation period an employer has a right to conclude a general labor contract with a candidate or terminate the probation contract. Normally, in case of pre-term termination of the labor contract concluded for the probation period upon the initiative of the employer an employee shall not be given the so-called one-month compensation (unless otherwise stipulated in the written contract concluded with him). In contrary, in case of pre-term termination of the normal labor contract employee shall be remunerated in accordance with the work done.

Hence, new Labor Code regulates the issues related to the labor contract by means of nonmandatory norms, which during the conclusion of contract gives the parties a wider choice and does not limit them with imperative requirements concerning the observance of the form of the contract. However, the procedure of termination of the contract is regulated by imperative norms in order to protect the employee.


Canadian labour law

In Canadian law, 'labour law' refers to matters connected with unionised workplaces, while 'employment law' deals with non-unionised employees. Canadian labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. ...


European labour law

The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week in order to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006. Motto: In Varietate Concordia Anthem: Ode to Joy (orchestral) Capital Brussels (de facto) Largest city London Official languages 23  Member states 27 Presidencies  - EU summit Angela Merkel / Germany  - Council Frank-Walter Steinmeier  - Commission José Manuel Barroso  - Parliament Hans-Gert Pöttering Formation    - Treaty of Rome 25 March 1957   - Maastricht Treaty... The European Working Time Directive is a collection of regulations concerning hours of work, designed to protect the health and safety of workers. ... A directive is a collective legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... The 35-hour workweek is a measure adopted first in France, in February 2000, under Prime Minister Lionel Jospins administration. ... The Directive on services in the internal market (commonly referred to as the Bolkestein Directive) is an initiative of the European Commission aimed at creating a single market for services within the European Union. ... Frits Bolkestein Frederik Bolkestein (born 4 April 1933 in Amsterdam; usually known as  ) is a Dutch politician and former EU Commissioner. ...


French labour law

In France, the first labor laws were the Waldeck Rousseau's 1884 laws. Then, the Popular Front (1936-38) enacted the law mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime) — see Matignon Accords (1936). The Grenelle accords (Accords de Grenelle) negotiated on May 25 and 26 in the middle of the May 1968 crisis, reduced to 44 hours the workweek, created trade union sections in each enterprise (fr:section syndicale d'entreprise, December 27, 1968 law), and increased by 25% the minimum wages (fr:SMIG). Lionel Jospin's government then enacted the 35-hour workweek (instead of 39 hours) in 2000. Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE) law. Addressing the demands of employers asking for more flexibility in the French labour law, the CNE sparked criticism from trade unions and opponents claiming it was favorizing contingent work (or precarity). In 2006, he then had the First Employment Contract (CPE) voted (in emergency procedures), but that was met by students and unions' protests. President Jacques Chirac finally had no choice apart of repealing it, which he unofficially did while simultaneously proclaiming it. Pierre Marie René Ernest Waldeck-Rousseau (December 2, 1846 - August 20, 1904) was a French statesman. ... The Popular Front was an alliance of left-wing political parties (the Communists, the Socialists and the Radicals), which was in government in France from 1936 to 1938. ... This article is on vacation as time off. ... Also known as the Magna Carta of French Labor, the Matignon Accords of 1936 were an agreement to help the French Labor movement. ... May 25 is the 145th day of the year in the Gregorian calendar (146th in leap years). ... May 26 is the 146th day of the year in the Gregorian calendar (147th in leap years). ... A May 1968 poster: Be young and shut up, with the stereotypical silhouette of the General de Gaulle. ... The minimum wage is the minimum rate a worker can legally be paid (usually per hour) as opposed to wages that are determined by the forces of supply and demand in a free market. ... Lionel Robert Jospin (born July 12, 1937 in Meudon, a suburb of Paris) is a French statesman who served as Prime Minister of France from 1997-2002. ... The 35-hour workweek is a measure adopted first in France, in February 2000, under Prime Minister Lionel Jospins administration. ... Dominique Marie François René Galouzeau de Villepin (born 14 November 1953 in Rabat, French Morocco) simply known as Dominique de Villepin ( —  , is a French diplomat and politician. ... Contrat nouvelle embauche (abbreviated to CNE, New Employment Contract aka New Recruitment Contract or sometimes New-job contract in English) is a new French job contract, proposed by prime minister Dominique de Villepin (UMP) and that came into force by decree on August 4, 2005. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Precarity is a very recent term used to refer to either intermittent work or, more generally, a confluence of intermittent work and precarious existence. ... Demonstration against CPE, March 28, 2006, Paris Jussieu en lutte (Jussieu is fighting), Villepin va précariser. ... The 2006 labor protests in France occurred throughout France during February, March, and April 2006 as a result of opposition to a measure set to deregulate labor. ... Jacques René Chirac (born November 29, 1932 in Paris) is a French politician and the current President of the French Republic. ...


Mexican labour law

Main article: Mexican labor law

Mexican labor law governs the process by which workers in Mexico may organize labor unions, engage in collective bargaining, and strike. ...

United States labor law

In the United States, employers generally accepted the 8-hour day as of 1912. The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The green cards entitle legal immigrants to work permits, although illegal alien may often work in the States because of compartmentalization of various bureaucratic entities. Despite the 40-hour standard maximum work week, some lines of work require more than 40-hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees can not be terminated for refusing to work more than 72 hours in a workweek. United States labor law is a heterogeneous collection of state and federal laws. ... 1912 (MCMXII) was a leap year starting on Monday in the Gregorian calendar (or a leap year starting on Tuesday in the 13-day-slower Julian calendar). ... The Fair Labor Standards Act (FLSA) of 1938 is federal legislation of the United States. ... Year 1938 (MCMXXXVIII) was a common year starting on Saturday (link will take you to calendar). ... 1950 (MCML) was a common year starting on Sunday (link will take you to calendar). ... A United States Green Card. ... Immigration is the act of moving to or settling in another country or region, temporarily or permanently. ... A work permit is a generic term for a legal authorization which allows a person to take employment. ... It has been suggested that this article or section be merged into illegal immigration. ...


The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest. The United States Constitution is the supreme law of the United States of America. ... The word federal in a general sense refers to the nature of an agreement between or among two or more states, nations, or other groups to merge into a union in which control of common affairs is held by a central authority created by and with the consent of the... For other uses, see State (disambiguation). ... To discriminate is to make a distinction. ... In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ... To discriminate is to make a distinction. ... In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ...


The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.


Title VII of the Civil Rights Act is the principal federal statute with regard to [employment discrimination] prohibiting unlawful employment discrimination by public and private employers, [labor organizations], training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial. The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions limiting the rights of employees who had sued their employers for discrimination. ...


References

  1. ^ "History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938 - 1996", Department of Labor, March 31, 2006.
  2. ^ "MINIMUM WAGE (GUARANTEED)", European Foundation for the Improvement of Living and Working Conditions, March 31, 2006.
  3. ^ "National Minimum Wage", dti, March 31, 2006.
  4. ^ Eurostat (2005): Minimum Wages 2005: Major Differences between EU Member States (PDF)
  5. ^ (French) "Un contrat en CNE jugé contraire au droit international", Reuters, April 28, 2006. Retrieved on May 5, 2006.
  6. ^ (French) "Bernard Thibault au plus haut", L'Express, April 28, 2006. Retrieved on May 5, 2006.
  7. ^ [1]

The Statistical Office of the European Communities (Eurostat) is the statistical arm of the European Commission, producing data for the European Union and promoting harmonisation of statistical methods across the member states. ... This article or section does not cite its references or sources. ... LExpress is Frances first weekly news magazine. ...

Further reading

  • Keith Ewing, Aileen McColgan and Hugh Collins, Labour Law, Cases, Texts and Materials (2005) Hart Publishing
  • Simon Deakin and Gillian Morris, Labour Law (2005) Hart Publishing ISBN-13 9781841135601
  • Keshawn Walker and Arn Morell, "Labor and Employment: Workplace Warzone", Georgetown University Thesis (2005)
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