Categories of Labor Laws - Essay Example

Labor Laws This paper will discuss the various categories of labor laws and some of the issues faced in the formation and implementation of labor laws. Labor laws are basically administrative rules and regulations which are concerned with the people working in any organization. They may refer to any restrictions that can be put on employees within an organization. While labor laws can vary according to the country, largely their basis is the same. Most labor laws can be categorized into 2 main categories, mainly Collective Labor Law, which refers to the relationships and activities between the employer, employees and the union. Secondly, there are Individual Labor Laws which refer to all those laws that are applicable to individual employee’s right of work and upholding their contracts. Collective Labor Law The following are some of the constituents of collective labor law: Trade Unions Some countries support the formation of labor unions. All employees are given the right to join any union, i.e. removing any discrimination on the basis of union activity. It is in the best interest of the union to bargain for the best benefits for all the members of the union. Some countries promote the formation of unions as this reduces the amount of control and employer has over its employees. Some legal regulations allow unions to place a set of obligations and duties on its members, and failure to meet these can lead to disbarment from the union. Union activity, must however be kept in check as to make sure unfair advantage is not being taken. Strikes In labor law terms, strikes refer to the process where members of a union shut down the production facility in order to make the employer agree to a certain number of conditions. However, most countries have laid down specific rules on when a strike is legal. Most importantly, it must be carried out in a democratic manner. General strikes are forbidden in various countries and certain personal such as health professionals, airport personnel are forbidden from carrying out strikes. Boycotts are another form of protest which is “a lawful concerted attempt by a group of people to express displeasure with, or obtain concessions from, a particular person or company by refusing to do business with them”. Boycotts are generally considered more lawful. Pickets or Picketing This is a process where workers of a union may congregate outside the workplace and not carrying out their own duties but prevent fellow workers by entering the facility. This may be both primary (workers are directly involved with the company where the demonstration is being carried out) or secondary (picketing a business not directly connected with the dispute, such as a supplier of materials). In most countries picketing activities are considered illegal, 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). Workplace Involvement This refers to the concept that in all companies, workers have the right to consult and suggest ideas when it comes to workplace conditions and environment. It is forbidden by law, to discriminate their voice and not allow equal consideration. Co-determination This concept has its roots in Europe and is still a major feature of European labor law, where it is necessary that workers have adequate representation in the company’s supervisory board with all the rights that regular members have. This law has been given different names according to the company, Law on board representation (Sweden), Bullock Report (United Kingdom). Individual Labor Law Similarly, there are various laws pertaining to the individual rights of the employee: Contract of Employment and Unfair Dismissal The basic theory behind this is that a proper document should be signed between the employer and employee to state the formation of the relationship. 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 (Norman 2008). However, in many developing countries, many employers deliberately avoid making such documents to avoid paying the considerably higher minimum wage. Certain laws are in place which forbids the removal of employees from an organization without prior notice or reason. Any employee who feels that he has been removed with proper reason may file a lawsuit with the appropriate court. Minimum Wage This may be a law stating the minimum amount that a worker can be paid per hour. Countries like USA, UK, Spain, etc. all have laws relating to this, however many developing countries do not have any specific laws. 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. Working Time These laws were made after the Industrial Revolution when workers were being forced to work shifts of up to 12 hours. After various efforts, a law was finally passed in France where 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). Although the amount of hours may vary, the basic concept is limiting the amount of hours each worker has to work. Health & Safety and Anti-Discrimination Laws protect employees from unsafe and unfeasible working conditions. If employees feel their health is at risk because of working conditions, then legal action may be taken against the employers. This type of law exists in most developed countries where discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination. Child Labor Child labor laws restrict the hiring of underage children for working purposes. Child labor can be factory work, mining or quarrying, agriculture, helping in the parents' business, or doing odd jobs. This has raised many issues in different countries; however, strict child labor laws are enforced in different countries. Labor Law Issues There are some important issues which govern the labor laws where one of the biggest problems is that most employees are not aware of their respective rights. This means that they are unable to exercise their rights if they are treated unfairly or illegally. Most employees lack the financial/legal strength to take their cases to the court and hence they simply avoid legal proceedings. Many employees take advantage of union activities to make personal benefits i.e. use negotiations to gain personal benefits. Although this is illegal, many simply overlook it. Most companies overlook child labor and minimum wage laws and exploit employees who are underprivileged and needy (Keith, McColgan & Collins 2005). Lastly, some laws are deliberately made in grey areas to allow for democratic negotiations however this gives an area for exploitation. Top government officials use their influence to mold the laws which give them benefits. Culture may interfere with labor laws and prohibit their effectiveness. Laws must be formulated keeping the local culture in mind. In essence, labor law enforcement is a major issue. Most legal entities are not strict enough on enforcement of such laws; however more companies are paying attention to them on their own. We can clearly see that for every organization adherence to labor issues is important. Companies spend large amounts of money each year on their legal departments to make sure that they are not at risk in any manner which can bring bad name for the sake of their organization. They make sure everything is kept in tact, as much as possible. References Keith E, McColgan, A & Collins, H (2005). Labor Law, Cases, Texts and Materials. Hart Publishing Norman S (2008). Selwyn's Law of Employment. Oxford University Press Read More