Comparison of Selected Labor Laws in Pakistan and India Essay

In 1947 it was revised to help better protect employees as well as employers. The revision stated that employees and managers must bargain “in good faith” with each other, and illegalized wild cat strikes, (refusing to work under a valid contract). These rights help employees as well as employers to be treated fairly. Forcing employees and employers to work together as a team can increase their understanding of where each side is coming from, as well as making it easier to compromise. The act also prevented businesses from becoming “closed shops,” (places where only union members were hired.) and prevented members from forcing others to join a union. Employees were also given the option to hold elections to certify and decertify unions. Employers were given the freedom to voice any concerns they had over unions so long as they did not interfere with the organization of unions. The revised act also gives the president the power to call off strikes in the event that it becomes a national emergency. A board may be hired to examine the situation of the strike so that the president may better understand why the situation has not been resolved. The president can then put an injunction on the strike; if a decision is not reached, the injunction can be extended.

The first step in order to become unionized, an organizing committee needs to be formed that represents all the workers that want to be unionized. The committee needs to be educated enough to share the about the union and possible anti-union campaigns set by management. The organizing committee also has to know the different structures in the workplace, basic employee information and the employers’ information (UE 1). Step two, the organizing committee has to set up campaigns in which they will collectively determine what the “issues” are and what employees demand from the union (Carrell 136). Step three, is without a doubt the most crucial step, it determines whether a union can even come in to bargain with an employer. The employees are asked to join the union and support the union with a union recognition strategy. This is usually done with card-check also known as a card- campaign is held in which more than 50% (sizable majority) have to sign agreeing to the union being their legal bargaining unit (Carrell 136, UE 1). Step four, the union bargains with management and hopefully a union contract is

Once these criteria are met an election occurs to determine if employees want to unionize. The National Labor Relations Board oversees the election to make sure that a true secret vote is secured. If a majority of employees, which is one vote over 50%, agree to join the union then the NLRB certifies the union as the bargaining representative.

In her book, Labor and Legality: An Ethnography of a Mexican Immigrant Network, Ruth Gomberg-Muñoz describes the lives of ten busboys, she referrs to as the Lions, living and working in the Chicago area. Gomberg-Muñoz provides an insight into the lives of these undocumented Mexican workers. They share their stories of crossing the border, the affects of their absence on family back in Mexico, and the daily struggles of living in a country without the benefits of citizenship. The Lions, as well as other undocumented Mexicans, have to face Americans stereotypes every day. Probably the biggest stereotype the Lions contend with is the belief that all Mexicans are hard workers.

A trade union is an association of workers that aims to advance the interests of its members by improving their wages and working conditions. There are many types of trade unions in Australia including occupational unions; industry based unions; enterprise based unions and general unions. Most unions are affiliated with the Australian Council of Trade Unions(ACTU), which is the national representative of various trade unions. The trade unions play a significant role in the labour market. First, it can restrict the supply of labour. By organising industrial actions such as strikes, trade unions are able to restrict labour from working, thus decrease the supply of labour. These actions are normally aimed for higher wages. Secondly, trade unions have stronger bargaining power in negotiations with employers. As the trade unions represent a large amount of workers, they have much stronger power when dealing with employers as employers will find it very hard to continue operating the firms once their workers are on strikes. Therefore, unions have more chances to succeed when bargaining for higher wages.

It’s not union. Unlike the union labors which are groups of workers and employees who bond together to be placed in good working condition including good paying wages and fair working hours.

The first law, which supports collective bargaining, is the National Labor Relations Act (NLRA) or the Wagner Act, as it is also called. Robert F. Wagner put this Act into place in 1935, hence the Wagner Act. Prior to this Act taking form, employers were allowed given full control over the outcomes of numerous employees who questioned their labor practices and went on strike as a result. Employees were left without any protection from such occurrences and thus were left with little voice in regards to the terms and employment conditions. Once the Wagner Act was put into place, this labor law provided a significant amount of protection to employees everywhere and gave them the ability to not only participate in unions and collective bargaining, but to also be protected from injustice at the hands of their employers by prohibiting any loss of jobs in the union process.

Workers will also work to the terms of a contract, they will usually carry out the work personally. Workers will include casual work, agency work, freelance work and seasonal work. Workers are entitled to some employment rights including, national minimum wage, holiday pay, protection against unlawful discrimination, the right not to be treated less favourably if they work part-time. See point 2 Appendix

Employers initially resisted unions as they were seen as a ‘tool of worker power’, and some countries even banned the groups all together (Baoill 2011). Although these restraints have been lifted, restrictions and guidelines have been put in place by government bodies to govern union activity; and employees internationally have the right to form unions (Baoill 2011).

In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.

The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).

The employment status has always been lying on the heart of the UK labour law. It is the most fundamental jurisdictional point as the status of an individual is very significant for legal and financial reasons. Most importantly the status of an employee will enable one to enjoy the statutory protections rights but not for the independent contractors.

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

In every employment contacts terms and conditions you will seek to find express and implied terms. They are set out in the contract, they can be usually found in the letter of appointment or in the written contact of employment. Which have been designed and mentioned either orally or written, and agreed by both the employee and employer. Some examples of express terms of a contract can be for example ones probationary period, a set time normally at the start of ones employment to monitor the progress of ones work. Other main express terms of employment are the main express terms are usually:

The Constitution under Section 231 of the Labour Relations & Industrial Dispute Act (LRIDA) under 4-1 speaks to the fact that the worker has the right to become a member of a trade union..