Labor Relation - Term Paper Example

Labor Relation (Labor Law) Introduction Since Historical times, employment has been marred with a lot of controversies, problems and challenges that pit employers, employees, trade unions, and governments against one another. As a result of these employment problems, unrests, and controversies, labor laws have been established, with newer and more effective ones being created every other day. Labor law thus concerns with employment issues such as inequality, child labor, and unfair treatment of employees by their employers (Stephen & Budd, 2009). Similarly, labor law ensures that employees adhere to the requirements of their contracts. Labor law is not only a body of laws but also refers to various administrative rulings and earlier cases and agreements that dealt with the rights, freedoms and restrictions on workers, workplaces and employers. Labor law’s most important function is to mediate any disputes between employees and trade unions on one hand and employers and their organizations on the other. There are two types of labor law commonly used in arbitrating employment disputes. The first type of labor law relates to individual employees while the other deals with labor/trade unions or unionized workplaces. This broad categorization of labor law thus separates the collective or tripartite laws (relating employee, employer and labor union) and the individual labor law (involving an employee and his/her work contract) (Stephen & Budd, 2009). Labor law, which arose due to the need for better protection against mistreatment of workers and the need for better working conditions, has been rather an effective tool in the protection of the rights of workers, particularly in the last two centuries that have been marked with increased worker rights activism. In this regard therefore, labor law has been part and parcel of the social, political, cultural, and economic developments that the world has realized since historical times such as Industrial Revolution. Labor laws did not however rise solely due to the need to provide workers with better pay and working conditions; there was also the need to organize workers into unions and to address the intention of employers to further restrict the freedoms and rights of workers and the need to address worker and family health and welfare issues (Stephen & Budd, 2009). This paper explores the subject of labor law, its importance, principles, categorization, and use in modern employee-employer relations. Labor law and its Importance Sometimes referred to as employment law, labor law deals with and differentiates the work and the relationship between employers and employees. The main purpose of labor law, which also encompasses common bargaining processes, is to stimulate employers and employees towards the amicable solution of problems in case of wrongdoing by one or both parties (Ewing et al., 2005). For an illustration, labor law seeks to protect workers from exploitation by their employers by way of poor working conditions or low wages. In addition, worker exploitation may be viewed as physical or mental. Any employers or organizations found guilty of infringing on these laws may be punished by monitory means, imprisonment, or expulsion/withdrawal of license among others (Ewing et al., 2005). It is thus imperative that every employer becomes conversant with the various labor laws; statutes and regulations that relate to their workers and businesses in a similar way. This information on labor law would help an employer establish the best and most effective policies on safety, wages, employee benefits, health and nondiscrimination. Nonetheless, employers should appreciate the fact that labor laws constantly undergo regulatory and statutory changes and they need to keep pace with these changes. Generally, labor law touches on wages and hours worked safety and health standards, health benefits, retirement standards, child labor, and workers ‘compensation. The other concerns of labor laws are workplace standards, work authorization for non-citizens, contracts (working conditions), and equal employment opportunities (Ewing et al., 2005). Categories of Labor Law In the interpretation and understanding of labor law, it is important that a great deal of common law rulings, administrative rules, legislations and statutes are brought under scrutiny since different labor laws address different aspects of labor. The governance and implementation of labor law also fall under different jurisdictions such as federal and state or local level/agencies. At these levels, it is the responsibility of both administrative and judicial agents, using the relevant and necessary precedents, to implement and govern labor law (Ewing et al., 2005). For example, when aggrieved workers lodge claims against discriminatory employment practices by their employers touching on issues such as compensation and pay, the relevant employment law should be invoked. The other aspects of employment that are addressed by the various categories of labor laws are pensions, employee benefits, workplace safety and standards, fair wages, and retirement among others (Ewing et al., 2005). Therefore, there are numerous types of labor laws that employees, employers and worker unions should be aware of and conversant with. Eligibility, Verification, and Nondiscrimination Laws The main objectives of these types of labor law are to address employment eligibility, verification and non-discrimination of workers. To ensure that workers or would-be workers are not discriminated on bases such as race, ethnicity and country of origin, legislations such as the Immigration and Nationality Act (INA) have been established to provide room for the amicable solution of such discriminatory practices by employers. Under the INA and other immigration and non-discriminatory labor laws, employers are only allowed to hire citizens or immigrants that are legally approved to live and work in the country. These kinds of labor law thus require employers to verify that their target employees’ or job applicants’ identity and eligibility are approved to work in the country. In this regard, these labor laws would require employers to complete the Employment Eligibility Verification Form, which should then be filed properly. In fact, this form should be filed and availed for as long as three after an employment contract expires. Failure by an employer to fill and return the Employment Eligibility Form automatically results in certain specified penalties, depending on the circumstances surrounding the employment and the contract signed (Selwyn, 2008). The other function of immigration and non-discriminatory labor laws is to protect the citizens and authorized immigrants from discriminatory hiring and firing on the basis of citizenship and country of origin. There are thus several anti-discriminatory provisions contained under Acts and statutes such as the INA. The second type of labor law establishes standards and guidelines for setting minimum wages for employees as well as the payment of overtime for workers (Selwyn, 2008). This type of labor law, exemplified by the Fair Labor Standards Act (FLSA), demands that employers are fairly pay employees for any overtime work done, irrespective of their race, gender, ethnicity or other difference in the ever-increasingly diverse workforce. Child Labor Law Child labor law addresses perhaps the most controversial and seriously considered practice in employment and the labor market in general. The main purpose of this category of labor law is to restrict when children can work and the type of work they can do. For instance, teenagers of fourteen years and above may be employed in certain types of work and workplaces. There are also labor regulations and restrictions on the positions that children may hold in the areas or jobs they are permitted to be employed. However, child job restrictions are lifted whenever one reaches 18 years of age. In other words, after attaining the age of 18 years, one is not subject to youth employment and child labor provisions in labor laws (Selwyn, 2008). However, those between 16 and 17 years of age may be employed for certain legalized hours in any field except those jobs considered and declared hazardous. The hazardous nature of a job or an industry may be defined on the basis of the place of work or the tools and equipment applied. For example, in a food establishment, power-driven food processing equipment such as choppers, grinders, meat slicers, commercial mixers and power-driven bakery machines could be hazardous to children (Selwyn, 2008). Although children are generally allowed to work in businesses run by their parents, there are exemptions for fields such as mining and manufacturing as these are considered hazardous by the relevant authorities such as the Secretary of Labor. The other important category of labor law touches on the health and safety of employees at the place of work and their well-being/welfare. Occupational safety and health Law Occupational safety and health law ensures and protects the health, safety and the welfare of workers by fostering safe working environment. In addition to protecting a worker, these labor laws ensure and uphold the safety and health of co-workers, employers, customers, suppliers, family members and the community surrounding a place of work such as a factory (Keshawn & Morell, 2005). Importantly, occupational safety laws protect the public against any injuries caused by the conducts or operations by employers or organizations. The broad nature of occupational safety law is evidenced by the numerous of aspects of an organisation it encompasses including occupational (or industrial) hygiene, safety engineering/industrial engineering, occupational medicine, and public health. Labor laws therefore ensure that employers promote and maintain the highest levels of psychological, physical and social well-being of their workers. By extension therefore, this category of labor law ensures that employees do not leave their jobs due to/with health conditions occasioned by poor and dangerous working terms and conditions (Keshawn & Morell, 2005). Workers are also protected from any health-adverse factors that may arise from their work place or job description. Importantly, occupational labor law ensures that employers place their workers in work environments that fit their psychological and physiological capabilities (Keshawn & Morell, 2005). Thus, the three main objectives of occupational safety law include; to support and ensure worker health and capacity, to improve the workplace conditions for safety and health and to establish initiatives that support workers’ health, safety and security at all times. Employers should therefore not only ensure occupational safety for moral reasons but also as a legal obligation. By ensuring employee safety employers would be certain to evade the punitive, preventive, and compensatory effects of the relevant labor laws. While the punitive effects may be in the form of criminal sanctions, the preventive effects result from the enforcement of labor laws by the regulatory agencies (Keshawn & Morell, 2005). Conclusion Since historical times, the workplace has been marred by labor unrests/strikes and other labor-related problems between workers, their unions and employers. To this effect and to address these labor related problems, labor laws have established and continue to undergo statutory and regulatory changes for more applicability and effectiveness. Low wages, poor/unhealthy working conditions, discriminatory policies and practices, gender biasness, and lack of consideration for employee and family well-being are among the major causes of labor unrests/labor relation problems for which labor laws are established. To avoid the punitive, compensatory, and preventive effects of infringing on these labor laws, employers must be conversant with all the categories of labor laws including child, safety/health/security, wages, and retirement benefit labor laws among others. Similarly, workers must be aware of all the labor laws and their implications on their work and private life so that they are not exploited by their employers. References Ewing, K. et al. (2005). Labour law, cases, texts and materials. Hart Publishing. Keshawn, W., and Morell, A. (2005). Labor and employment: workplace warzone. Georgetown University Press. Selwyn, N. (2008). Selwyn's law of employment. Oxford University Press. Stephen, F. B., and Budd, J. W. (2009). Invisible hands, invisible objectives: bringing workplace law and public policy into focus. Stanford University Press. Read More