Employment Law for Business Today and Tomorrow - Research Paper Example

Employment Law for Business Today and Tomorrow Employment Law Employment law is an important organ of a body of laws. Subsequent rulings and the precedents relate to the legal rights of the employees and the obligations on them in discharging their duties in the best interest of the organization. Therefore, it has direct bearing on the tripartite relationship of unions, employers and employees. In this respect, we know two broad spectra of laws: a) collective employment law which comprises the mentioned three stakeholders, namely collective bargaining agents, employers and employees; and b) individual employment law that addresses the employee’s rights at work premises, which are exercised through bilateral agreement (Deakin & Morris, 2005). The employment laws came into being as a result of untiring struggle of laborers for the better working conditions, wages and their right to raise through trade unions and to present a charter of demands to the management when due. In order to strike a balance between the employers and the employees, the positive role of trade union cannot be ignored. It is a matter of fact that without cordial relationship between the employees and the employers, running the affairs of an organization smoothly is a big question mark (Deakin & Morris, 2005). The infrastructure of employment law around the globe is more or less the same in terms of rights and obligations of the employees and the employers. The rights and obligations of the employees and the employers are implemented through a contract of employment (Deakin & Morris, 2005). The execution of an employment contract is to apprise the employees of (a) their rights and obligations by way of a contract; b) remuneration; c) other fringe benefits; c) show cause notice in the event of violations of service rules and regulations; and d) job description before joining an organization. It provides an opportunity to the employees to not accept unfair terms of employment (Selwyn, 2008). Take the example of USA wherein a number of states allow employment at will for both stakeholders: employers and employees. It means either party can part their ways from any official assignment due to one reason or another provided the reason should be legal (Selwyn, 2008). In many countries of the world, minimum wages of the employees are determined by their respective governments. We may cite here the example of Sweden where minimum wages are negotiated by the Collective Bargaining Agent on behalf of the employees with the management, keeping in mind the profitability of the organization/other factors. The CBA strives hard for a better deal for the benefits of workers (Deakin & Morris, 2005). Here we can mention the minimum wage laws that were introduced in different countries seriatim: USA (1938); Brazil (1940); India (1948); France (1950) and last but not the least, UK (1998). Today 18 out of 25 members are part of the European Union where minimum wages for the workers are in vogue (Deakin & Morris, 2005). While looking back at the era of the Industrial Revolution, we observe that at that time workers were forced to work approximately up to 14 hours or even longer. Along with adult employment, children employment was also common with drastic features. In England, children had to work 8 hours a day in the textile factories. The Factory Act of 1802 and subsequent acts addressed the issues related to children employment and the minimum working hours of an employee. According to the said act, the racial and sexual discrimination is unacceptable and considered illegal (Selwyn, 2008). The subsequent employment act, which came to surface in 1938, set a maximum of 44 hours and later on 40 hours a week. Even the immigrant workers are benefited from the mentioned act. There are areas where this act is not implemented. For instance, in the agricultural field, working hours can be spanned to 72 hours a week in the harvesting season. Even in the presence of set acts workers that are associated with the agro based industries are required to work more than the determined hours due to compelling reasons. One major reason is that the American workers intermittently take vacations as compared to their counterparts from European countries (Selwyn, 2008). Law’s Strength or Erosion Through the Courts Two important documents: the US Constitution and the Declaration of Independence, contribute a lot to ensuring civil rights and liberties of the US citizens/immigrants in the US political system. The cited documents show that the rights of the employees are protected. It strengthens the rights of an employee rather than its erosion through court of law by the employer (Hames & Ekern, 2012). Let us look at the Preamble of cited documents which guarantees “life, liberty, and the pursuit of happiness," and claims that "all men are created equal." The mentioned ideas are deeply rooted in the US political culture, which are backed by certain Supreme Court decisions that ensure civil liberties and rights (Hames & Ekern, 2012). It is an undeniable fact that the above rights and liberties are enshrined in the US Constitution. However, the sizeable portion of civil rights came as a result of the Bill of Rights (Hames & Ekern, 2012). Public Opinion In the American society, public opinion plays an important role in shaping of things. Being a civil society, its role to ensure civil rights and liberties in the American Society specifically and other countries of the world in general cannot be subsided. Living in a capitalist society, it is believed that human right organizations of the USA shall protect the interest of each and every citizen of the United States of America besides other citizens of the world. There are many forums where a victim of foul play may raise his or her voice against injustice, whether it is at the organizational level where management is responsible for misdeeds, or at the hands of unscrupulous elements of society. During the industrialization era, when an employee had to work up to 16 hours a day, public opinion played the key role in reducing the working hours down to 40 hours a week. However, highlighting such issues by the American print/electronic media is worth appreciating. Reasoning I believe in establishment of an independent and effective justice system that ensures human rights and liberties to all human beings. This will lead to economic stability and to resolve all the issues amicably within the ambit of the legal system. Every one of us must have heard that “justice delayed, justice denied.” The secret of success of the developed countries lies in their sound legal system, which provides justice and fair play to all and sundry. Hence, there should be a balanced relationship between the employers and the employees so that either of the stakeholders may not invoke the jurisdiction of competent court of law. Without giving the due rights to the employees by the employers, no country can be considered a prosperous one. It is the responsibility of the respective governments to address a lack in their legal system which creates hindrance in providing justice to the victims (UNODC, 2011). Without support of state authorities which are lawmakers, law executors and the judiciary, one can dream of achieving the desired objectives. Further, it is incumbent upon each body of the state to operate within the ambit of their jurisdiction. Encroachment upon others’ jurisdiction will frustrate the very purpose of their existence and create problems in dispensing of justice and fair play (UNODC, 2011). In my opinion, it is the responsibility of the developed world to identify those countries where the environment of workers, their wages/other fringe benefits and the working hours have been compromised by the employers. These issues are to be addressed by the International Labor Organization (ILO) in letter and in spirit. Without taking concrete steps against the violations of employment laws, where found, we may not achieve economic stability. References Deakin, S., & Morris, G. (2005). Labour law. London: Hart Publishing. Hames, J. B., & Ekern, Y. (2012). Constitutional law: Principles and practice. Boston: Cengage Learning. Selwyn, N. (2008). Selwyn's law of employment. Oxford: Oxford University Press. UNODC. (2011). Resource guide on strengthening judicial integrity and capacity. Retrieved on 21 October 2012 from http://www.unodc.org/documents/treaties/UNCAC/Publications/ResourceGuideonStrengtheningJudicialIntegrityandCapacity/11-85709_ebook.pdf. Read More