Employment Law

Employment Law:

It addresses the legal rights of workers and employers. Statutes about labor law are found at all of levels of government, from federal to state, to county and city. Labor law finds out the rights and obligations which arise out of an employment contract. Employment law includes employment discrimination litigation, by including claims of race, age, sex & disability discrimination.

What are the basic terms used to describe the labor relationship?

Employment is described as the act of engaging in work, the utilization of a person's time and energy to the task at hand in profession, occupation trade or business.

Labor has the similar basic definition as employment, but generally labor refers to manual or physical labor work.

Employment at will described an employment relationship in which either employee or employer can end the relationship with no liability; as long as there is the understanding that the employment is at will, either party can end employment at any time.

Employee is a person in the service of another. The employment contract may be written, oral or implied. The employee's activities whereas perform work are subject to the control of the employer.

Employer is a person or entity (such as corporation or partnership) which get the services of another to carry out work. The employer provides the means through which the services will be carried out (such like providing a place where the work is to be carrying out and the tools needed to get the work done). The employer contains direct control over the manner wherein the work is to be carrying out.

Importance of Employment laws:

Employment laws are put into place to defend employees from any kind of mistreatment by their employers and are a critical part of a country's efforts to defend its citizens. Most of the countries have their own version of laws defensive workers, but generally, employment laws address the concerns which are following: employees being overworked placed in dangerous or unhealthy environment, or rendered unable to work without appropriate compensation. In some of the countries, employment laws also guarantee that workers can't be wrongly discriminated against and let foreigners a period of time during that they can legally work in the country. These laws began being put in place shortly after the Industrial Revolution, throughout which time employees were extremely mistreated and lacked legal protection against employers.

Additional Protection:

Based on the country, most of the employees are protected greatly under some form of an employment law. In several countries, laws have been passed out to establish standards that employers have to follow in providing benefits, such like health insurance, to their employees; it may include additional coverage for health troubles that arise because of conditions of the job or workplace. Employment law might also include protection against discrimination in the workplace depend on race, religion, gender, disability, or veteran status, and may develop provisions for the employment of foreigners.

Born of Necessity:

There was little or no protection for employees before the Industrial Revolution. Basically Employers were able to treat their workers however they desired, often paying them wages as low as possible whereas having them work as long as they were physically able. Working conditions were frequently downright filthy, if not hazardous to boot, and employees were offered no reimbursement such as health insurance or worker's compensation in the event of an accident on the job. Before employment law was put in place, children were part of the workforce and were subjected to employment abuse.

As the Industrial Revolution swept Europe, America and the rest of now what is known as the industrialized world, more & more people left their rural lives to live in cities and work in factories. Working conditions worsened such as the number of employees enhanced, and it became apparent that governments would require stepping in to protect the rights of the employees. These initial efforts ultimately gave way to modern employment law.

Originally early employment laws were put in place to establish fair wages, to restrict the number of hours worked in a week, and to stop children from being exploited. Rules were also made to regulate the cleanliness of the workplace, and employers were needed to take precautions to defend their employees and prevent dangerous accidents. These first efforts are still significant part of employment law, though they have been enhanced and expanded as required over the years.

Employment Rights:

Another big component of an employment law practice involved counseling employers in all of the aspects of the employment relationship, from hiring through termination. The issues include following:

•    disability accommodation
•    workplace harassment
•    employee handbooks
•    Family & Medical Leave Act compliance
•    wage and hour issues
•    human resource policies and practices
•    human resource policies and practices
•    workplace investigations
•    drug and alcohol testing
•    reductions in force
•    disciplinary action and termination
•    restrictive covenants & confidentiality agreements
•    employment at-will/wrongful discharge
•    severance agreements
•    employment agreements
•    unemployment compensation claims
•    waivers and releases

Part Time Workers:

Part time workers ought to have the similar rights as a full time employee.  Your employer should let you the similar rights, pro-rata, as full time workers for all benefits for example. holidays.

Health and Safety:

The employer has a statutory responsibility to provide a secure environment for you to work in.  First aid equipment has to be provided and there ought to be sufficient means of escape in case of fire.  The Health & Safety at Work Act covers a variety of associated issues, and there are precise rules regarding the following:

•    Hazardous Substances
•    Cleanliness
•    Hours and Rests
•    Toilets
•    Machinery
•    Lifting and Carrying
•    Working Time Regulations

In order that work is carried out securely and efficiently the Government introduced a 'work time directive' in October 1998. The Working Time Regulations (WTR) cover several aspects of working hours and help to make sure that employees do not work excessive amounts of time.  These include following:

•    The right to a day off each of week.
•    A boundary of an average 48 hour working week.
•    The right to a break if the working day is longer than six hours.
•    The right to an 11 hour rest each of the days.
•    Night workers must only work an average of 8 hours per shift.

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