Essay on Labour Law

Overtime a body of law or legislation has developed governing employer/employee relations and right of employees and employers in the workplace subsequently amended by the employment relations Acts of 1999 and 2003, provides arrange of contractual rights for employees including entitlement to an itemised pay statement.

In an era of organizational flux due to competition and globalization, companies and employees are faced with constant change. Leaders must be able to adapt to change as the environment shifts. HR has been known as the organizational change agent, administrative expert, and employee advocate. More recently they have been regarded as business strategic partners for many organizations. In order to be successful and remain competitive in today’s market, Human Resources (HR) must be considered a strategic partner if an organization wants to flourish. Top executives today commit significant resources to ensure that their company’s functions are capable of rapid change and achieving their

than $5.15 an hour. Overtime pay at a rate of not less than one and

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

Welcome and Introduction How to use this Workbook 1 Statutory Rights and Responsibilities 1.1 Contracts of Employment 1.2 Anti-Discrimination 1.3 Age Discrimination 1.4 Disability Discrimination 1.5 Working Hours, Rest Breaks and Holiday Entitlements 1.6 Maternity/Paternity, Parental and Adoption Leave 1.7 Absence and Sickness 1.8 Data Protection and Access to Personal Information 1.9 Health and Safety Procedures and Documents in your Organisation 2.1 Contracts of Employment 2.2 Anti- Discrimination 2.3 Working Hours and Holiday Entitlement 2.4 Sickness Absence and Sick Pay 2.5 Data Protection 2.6 Health and Safety Sources of Information and Advice 3.1 Internal Sources 3.2 External Sources About your Occupation and

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.

Employees with legitimate reasons have the right to take leave without any restraint from his or her employer. This means that an employer cannot interfere or deny an employee of family and medical leave if that person meets the criteria. The act grants people several rights. Upon return, these workers should have either the same job position or one that is equivalent to their previous job. The job security aspect of this act is a huge benefit. Workers returning from leave do not have to worry about being replaced or fired for taking the necessary leave. Family and medical leave can be used once each year if necessary. Group health benefits are protected and maintained while on leave as well. If a person has a complaint or wants to file a private lawsuit under the act, he or she can take it up with the local Wage and Hour Division office and does not have to worry about being fired. These matters are handled privately and the Wage and Hour Division Office will work on getting the issue resolved or correcting the violation and mending the damage (Solis).

Labor Unions have had an effect of American history as well as world-wide history from the time they became popular. Following WWII Americans were predominantly pro-labor, however, as time went on union’s credibility fell short of perfect. Union strikes proved to be bothersome to both the general public and company. Unions were also suppressing to employees through fraud and lack of worker rights (in earlier years, before Acts were passed). Although Union labor had its shortcomings, this type of labor is noted to be the most productive and economically beneficial. With both sides shown, I feel Unions will again thrive in the future with a few key adjustments made.

Throughout American history, labor unions have served to facilitate mediation between workers and employers. Workers seek to negotiate with employers for more control over their labor and its fruits. “A labor union can best be defined as an organization that exists for the purpose of representing its members to their employers regarding wages and terms and conditions of employment” (Hunter). Labor unions’ principal objectives are to increase wages, shorten work days, achieve greater benefits, and improve working conditions. Despite these goals, the early years of union formation were characterized by difficulties (Hunter).

 If someone takes time off under this law, they have the right to the same job or a job with equal pay and benefits when return to work.

The ability for the federal government to regulate businesses’ activity is given in the Constitution. Article 1, Section 8 is known as the commerce clause; it states, “Congress shall have the Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Reed, 173). Through the commerce clause, the government is able to regulate business activity by the use of administrative agencies, which is defined as “a governmental regulatory body that controls and supervises a particular activity or area of public interest and administers and enforces a particular body of law related to that activity or interest” (Administrative Agency, 1). There are two types of regulatory authority that agencies may

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time by the Justice of the peace. The ordinance was written in

The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.