Labour Law and the Pensions Act of 2008 - Essay Example

?Q1: Going over the different laws relating to labor, it is quite apparent that British Labour Law had gone way ahead to answer the challenges of the21st century workplace. For one, the National Minimum Wage Act of 1998 had already set the minimum wage for workers so as to avoid taking advantage by the employers of the workers’ need for work. Thus, it timely addresses the need to protect the workers from undue advantage from the employers who tend to offer salaries which are not commensurate to the job being required. Two, the Working Time Regulations of 1998 had also set the standard working hours which is no longer than forty-eight (48) hours per week, except if one voluntarily consents thereto. This paves the way against further abuse by employers who wish to minimize the number of employees employed by demanding rendition of work beyond what a human being may ordinarily give. Three, it also provides no less than twenty-eight (28) paid holidays which gives an opportunity to implement work-life balance. The latter is the strategy recently being propagated in the international community that allows every employee or worker to perform his responsibilities as a family man and as a social person without sacrificing his work. Since work-life balance theory was only introduced and implemented lately, it can be considered that British Labour Law appropriately and timely provided for this right or opportunity to all workers under its jurisdiction. Four, the right to flexible working patterns provided under the Employment Rights Act of 1996, the Maternity and Parental Leave Regulations of 1999, and the Additional Paternity Leave Regulations of 2010 provide for more broader opportunities for both men and women to perform their tasks as parents. The laws also recognize the need of the parents to take leaves from work in order to care for their children without fear of affecting their career advancement. These laws, obviously give equal rights for both mothers and fathers, unlike in other countries and/or in previous laws wherein only the rights of the mother is recognized due to physical giving of birth. Now, British Labour Laws recognize the fact that even the father of a child needs to be with his child, and has the obligation or responsibility to care for the child in lieu of or together with the mother. The Pensions Act of 2008 which requires the employers to automatically enroll every jobholder or worker in an occupational pension scheme, unless the latter refuse later on, is also commendable, considering that with the recent trend amongst young professionals, the biggest tendency is for them to spend their hard-earned monies to travels and buying unnecessary gadgets, leaving nothing for the future. This law adequately addresses the long-term problem that might be encountered by the workers by mandating the periodic contribution to a pension plan that will ultimately benefit the workers themselves. Also, the Equality Act of 2010 which provides for a detailed process of investigation of discrimination and/or harassment cases, is considered adequate to address contemporary manner of abuses in the workplace. Unlike before wherein the prosecution and investigation of abuses are left with the individual concerned, now, the employer has the obligation to undertake its own investigation of any possible act of discrimination or harassment. Thus, the employers are now more involved in the protection of its employees against abuses, not only against the employers themselves but also against fellow employees. On the other hand, while the Employment Rights Act of 1996 provides for a consolidated set of rights for working persons, still, British Labour Laws fail to give an exact or concrete definition of an employee for purposes of determining who are the real beneficiaries of these rights. Some parts of the law mention of worker, other parts mention of employee, while others refer to job contractor, and others. It would have been better if this can be addressed to as soon as possible so that the persons to whom these rights are created, may have concrete basis of fighting for these rights. Otherwise, the employers may take advantage of this otherwise vague aspect that might result to failure of a supposed valid claim. It is on this aspect that the present labour laws fail to comply with the rudimentaries of labour laws in the international level at present. Q2: Disability is the state of having a physical or mental impairment that has substantial and long-term adverse effect on the ability of persons afflicted thereof to carry out normal day to day activities. However, disabled persons also have the same rights in the society as the normal people; thus, it is the responsibility of the State or the society to provide an environment that would support their improvement towards self-development and self-reliance. This particular sector is usually neglected because the society generally undermines their capacity to contribute in the family, community, and the society as a whole because they are generally treated as a burdensome and useless. Lately however, the international community slowly realized their potential, taking into account the special skills or talents that they show in different areas, more than enough to cover whatever infirmities or shortcomings their disabilities bring. It is for this principal reason that the British government enacted the provision on allowing positive action with respect to disability in the Equality Act 2010 – to lessen, if not totally diminish the existing social barriers that limit the fullest possible capacity or participation of disabled persons. Unlike the other discriminated sectors based on age, race, sex, or religion, the disabled persons have long suffered from discrimination. It took a longer period for the international community to realize that disabled persons, no matter what state they are in, possess special skills or intellect that others may also have, or may even surpass the others. Further, it is the society itself which should be blamed for not getting the best out of these persons. Hence, the recent spectacle of different laws favoring or empowering the disabled persons in different states, including the United Kingdom. Positive action in order to protect this particular sector is deemed necessary in the Equality Act of 2010 because without the assistance of the society, the disabled persons will have difficulty adjusting to the normal life that would enable them to perform their tasks as an employee and as an individual. For example, the accommodation of a disabled person’s interview in a particular place or in a different manner like telephone interview in lieu of personal, is allowed and is not treated as giving undue preference to the subject. The set-up or positive action only allows a situation that will give an opportunity to the disabled person to compete with other candidates without the usual hassle that a normal or able-bodied person does not suffer. Although a considerable number of areas in employment law were amended or revised by the Equality Act of 2010, with emphasis on discrimination based on age, disability, gender reassignment, and sex, there still seems to be a lot of other areas that need to be explored and considered in future employment legislations. However, it is indeed heart-warming that the British government now recognizes the rights of the disabled persons and transgenders against unwarranted discrimination in relation to employment opportunities, promotions, and granting of benefits. Also, the recognition of harassment as a form of violation of one’s rights is also a big step towards the protection of everybody, as it does not only protects the employees from harassment but more so, the customers or clients against possible harassment by the employees themselves. This is a truly commendable step of the government, considering that most anti-harassment acts of some countries consider only the employer-employee or boss-subordinate relationships. References: Employment Rights Act 1996 KD Ewing (ed), “The Right to Strike: From the Trade Disputes Act 1906 to a Trade Union Freedom Bill 2006”, Institute for Employment Rights, 2006. M. Freedland, “Employment” in H Beale et al. (ed), Chitty on Contracts, 30th Ed., Sweet and Maxwell, 2009. National Minimum Wage Act 1998 Pensions Act 2008 Read More