Labor law & social standards
Labour law
Labour law concerns the inequality of bargaining power between employers and workers.
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.
It mediates many aspects of the relationship between trade unions, employers and employees.
Categories of labour law
There are two broad categories of labour law.
First, individual labour law concerns employees rights at work and through the contract for work.
Second, collective labour law relates to the tripartite relationship between employee, employer and union.
Individual labour law
Contract of employment
Social protection and law
2.2 Minimum wage
2.3 Working time
2.4 Health and safety
2.5 Anti-discrimination
2.6 Unfair dismissal
2.7 Child labour
Contract of employment
The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two.
This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on.
An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage.
An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly.
The information in a contract
Identities of the parties
Place of work
Title, grade, category, description of the work
Date of commencement of the contract
Duration of work for temporary contract
Amount of paid leave
Length of the periods of notice
Initial basic amount
Length of the employee's normal working day
Termination of contract
Reasons for termination
Death of the employee
Time limit is fixed in the contract
Special purpose is fixed in the contract
No reason for termination
Death of the employer
Insolvency of the employer
Take over of a firm
General Preconditions for termination
Letter containing notice of termination
Receipt of the termination
Termination caused by the Behavior of the
Employee
Neglect of the employee’s duty to notify
Delays
Necessity of warning before giving notice- exceptions
Acting in violate of contract is not steerable
Serious violate of contract in the sphere
Disablement protection
Termination of contracts requires the notice of an agree given by head of public assistants
Maternity Protection Act
Termination is only according to law with previous notice of agree of the regional authority
The following requirements are of particular importance:
The Global Social Compliance/Legal Compliance
Freedom of Association And The Right To Collective Bargaining
Prohibition of Discrimination
Compensation
Working Hours
Workplace Safety
Prohibition of Child Labour
Prohibition of Forced Labour
Environment And Safety Issues
The Global Social Compliance/Legal Compliance
Freedom of Association And The Right to Collective Bargaining
Prohibition of Discrimination
Collective labour law
* Collective labour law concerns the tripartite relationship between employer, employee and trade unions. Trade unions, sometimes called "labour unions“. Process by which a union and employer meet and confer with respect to wages, hours, and other terms and conditions of employment
* Trade Union
* Employers Association
* Collective Bargaining
* Work Council
Trade Union
A trade union is an organization of workers who have banded together to achieve common goals such as protecting the integrity of its trade, achieving higher pay, increasing the number of employees an employer hires, and better working conditions. The trade union, through its leadership bargains with the employer on behalf of union members and negotiates labour contracts (collective bargaining) with employers. The most common purpose of these associations or unions is "maintaining or improving the conditions of their employment".
The principal purposes of a labor union are to
# Negotiate wages and working condition terms.
# Regulate relations between workers (its members) and the employer.
# Take collective action to enforce the terms of collective bargaining.
# Raise new demands on behalf of its members.
# Help settle their grievances.
Employers Association
An employers organization, employers association or employers federation is an association of employers. A trade union, which organizes employees is the opposite of an employers organization. The role and position of an employers organization differs from country to country, dependent on the economic system of a country.
Organization of employers generally from the same industry working together for the interests of all member companies on tasks like trade union negotiation, sharing information and advice, and approaching other companies.
Collective Bargaining
Collective Bargaining is the negotiation between representatives of management and workers to produce a written agreement covering terms and conditions of employment. It is essentially a compromise and balancing of opposing pressures of two social groups who have enough mutual interests to work together. Pressures at the bargaining table usually are framed in economic and technical terms. Bargaining is really a social process.
Objectives of Collective Bargaining
Collective bargaining objectives among other are to:
# Settle disputes/conflicts relating to wages and working conflicts relating to wage and working conditions
# Protect the interests of workers through collective action and
# Resolve the differences between workers and management through voluntary negotiations and arrive at a agreement.
Work council
A council composed of both employer and employees convened to discuss matters of common interest concerning a factory, plant, business policy, etc, not covered by regular trade union agreements.
