Significance of Law to Us - Essay Example

Significance of Law College: Significance of Law to Us Laws are crucial for each one of us as they are the rules that bindall individuals in a given community or society. Rules are important in our lives as they apply to all persons equally. Laws can make circumstances equal and fair for everyone irrespective of the race, social class or gender. Laws do not give an exception for any individual and as such it does not make any group of people unique. Most of the local’s laws are enacted for the common good of all persons in a particular community. Through the provision of equality, laws ensure that each one of us is treated fairly. Rules are necessary in each of our lives since it gives us protection when we are victims and aids in punishing unlawful acts. Individuals who do not obey the laws and subject us to oppression have to face the consequences. If we were to live in a society without laws that can control how we handle things, most of us would be taken advantage of by our superiors and thus we will suffer. Without laws, people make decisions based on their principles hence facilitating crimes. Laws therefore prevent each of us in the society from crimes. The parental principle of law protects individuals from themselves. Laws state that all children must go to school. Most children would not naturally like the idea of going to school. Laws also protect some of the employees from being exploited by their employers. The donation principle of law enables employees acquire services pertaining to their welfare. Welfare laws grant aid to the individuals unable to provide for themselves. Roles of Law: Modern and Traditional Society Maintaining social cohesion is one of the roles of legislation in the society. Laws ensure that social cohesion is maintained by reinforcing values and providing ways of solving conflicts (NAIM, 2002, p. 27). Social cohesion is vital in a society as it provides continuity of the principal values of a community by providing guidelines. The current legal system in our society gives people freedom besides setting the limits regulating such freedom. A legal system is important in the modern society as it helps in protecting everyone in the society. Child-abuse in the contemporary modern society is curbed through laws (CAMPBELL & CAMPBELL 2009, p. 56). Law does not take into consideration the personal or religious needs but focuses on protection of rights. Whether the man confesses or repents of the sins they have committed, law does not give adjustments but follows what is in course. Laws are, therefore, important in the society as they give protection to members of a particular community. Sources of Sultanate Law The sultanate of Oman has registered development in the legal institutions due to the expansion of commerce, industry and trade. The Islamic law is one of the sources of law in the sultanate of Oman. The Islamic law is derived from the Koran, and it deals with some of the secular issues, economics, politics and even personal matters such as diet, prayer and fasting (TEMPERMAN 2010, p. 54). The judicial proceedings conducted in the sharia courts differ from other legal proceedings both in the civil and the common law. Sources of Islamic law mainly include the Sunnah and the sharia and Qiyas. The statutory system of law that is expressed in the Royal Decrees and the ministerial Decisions promulgated in the Official Gazette of the Sultanate of Oman is also a source of the Oman laws (SETERS 2006, p. 73). Like a civilized country, the Oman also recognizes private international law that is of importance to financial and commercial transactions. Question two Lamya’s dismissal Lamya’s dismissal is unfair. In chapter six of the Oman Labor Laws, meaning of dismissal and the grounds for fair and unfair dismissal are erected. According to the provisions in chapter six, the only ground that Lamya could be dismissed was dismissal for misconduct. But before we get to this, we first investigate the validity of contract and its components. In this context, Lamya was given an additional and flawed duty and hence, the employer made the working condition unfavorable since in addition to the extra duty not being covered in the contact, there was no safety belt and the employee was subjected to police arrest and payment of fines. In chapter 8 article 9, an employer is required to provide an employee with all the necessary facilities to which the said safety belt belonged. But even more interestingly, chapter 9 only assumed a valid contract where all the tasks of the employee are outlined. In addition, the employer flawed the procedure for terminating Lamya as there was no hearing. With respect to chapter eight, there ought to be a due notice or wages in lieu of notice. The employer dismissed Lamya via Chapter 8 provision of terminating employment contract without notice or wage in lieu of notice unlawfully basing his premises on willful disobedience of a lawful and reasonable order yet the contract did not provide for the extra duty hence these reasons were invalid (AL KIYUMI 2013, p. 34). Despite the fact that, Lamya negligently and carelessly carried her ‘duty’, it was unlawful directive from the his employers and evident show that in her previous warning she had showed dislike but due to her employers undue influence she was forced to undertake an extra duty without any extra payment and under unbearable conditions. Therefore, the dismissal was unfair and thus the employer should be accountable for Lamya’s misconducts and be held liable for the cause and the consequence of such accidents. Measures According to this brief, the employer dismissed Lamya unfairly. The dismissal flawed both procedurally and reasonably. In essence, the employer never followed the correct procedure besides lack of genuine reason for the dismissal. Lamya thus needed to challenge the dismissal that can culminate into re-employment or retrenchment or compensation money. Lamya can take the issue through LRA, conciliation by the CCMA or Bargaining Council. Conciliation will bring the employer and Lamya aided by a commissioner from CCMA or Bargaining Council. The first step that Lamya will do in order refer the case to the right body is to ensure whether there is a Bargaining Council covering the sector she belonged. After identification of the Bargaining Council the case is reported and referred to the Commissioner for Conciliation, Mediation and Arbitration (CCMA). In case, there is no Bargaining Council, Lamya has to refer the dispute to the CCMA by filling the form LRA 7.1 1. A copy of the filled form is then sent to the employer, by fax, registered mail or personal delivery. In addition, a copy will be sent to the CCMA, via fax, registered mail or personal delivery with a proof of having sent a copy to the employer such as attaching a fax transmission slip, affidavit confirming personal delivery or registered mail slip. If the conciliation is successful Lamya will cab be reinstated or re-employed or compensated based on their agreement. In case of unsuccessful conciliation, the matter can be referred to arbitration at the CCMA or adjudication at the Labour Court based on the degree of dispute but it is at a discretion of the parties to choose arbitration at CCMA in case of more expense eve if the matter qualified to be a Labor Court adjudication. In either, Lamya will cite, additional duty, un-procedural dismissal, lack of all facilities to execute her job as given in chapter 6 and 8 (article 9), chapter 1 part 3 (article 23). Rights of Employer and Employee Rights of Lamya She has a right to work. The labor laws give Lamya the right to work under favorable conditions. She has a right to be dismissed fairly and heard as outlined in Chapter 6 that gives the lawful grounds for fair dismissal. She has a right to leaves as outlined in chapter two, article 61. She has a right for issuance of facilities to execute her duty by employees as outlined in Chapter one, article 9. Rights of Employer Employer has the right to be obeyed by employees in case of lawful contracts. Employer has the right to choose whether to solve the dispute at conciliation stage. In addition, the employer has the right to dismiss the employee lawfully for misconduct or negligent. Conclusion Law is key in every aspect of life both in traditional and modern setting. Laws protect both foreigners and natives from segregation in workplace, businesses, contracts and schools. Laws provide a framework for upholding the Bill of Rights. Employers and employees are equally protected by the law. From the discussion it is noted that constitutional due process ought to be followed in dismissal of an employee so as to protect the employee from undue influence from their employers. Lamya was unlawfully dismissed and through the provision of law she could defend herself and get reinstated, re-employed or compensated. Reference AL KIYUMI, F. M. (2013). Unfair dismissal study in Omani labour law with emphasis on the relevance of Sharia. Thesis (Ph.D.)--University of Bedfordshire, 2013. http://hdl.handle.net/10547/293775. CAMPBELL, D., & CAMPBELL, C. T. (2009). Legal aspects of doing business in the Middle East. [Salzburg, Austria], Yorkhill Law Publishing. INTERNATIONAL BUSINESS PUBLICATIONS, USA. (2012). Oman Business Law Handbook Strategic Information and Laws. Intl Business Pubns USA. INTERNATIONAL BUSINESS PUBLICATIONS, USA. (2012). Oman Business Law Handbook Strategic Information and Laws. Intl Business Pubns USA. INTERNATIONAL BUSINESS PUBLICATIONS, USA. (2012). Oman Investment and Business Guide Strategic and Practical Information. Intl Business Pubns USA. LIBRARY INFORMATION AND RESEARCH SERVICE. (1978). The Middle East, abstracts and index. Pittsburgh, Penn, Library Information and Research Service. NAIM, A. A. A. (2002). Islamic family law in a changing world: a global resource book. London, Zed Books. SETERS, P. V. (2006). Communitarianism in law and society. Lanham, Md, Rowman & Littlefield Publishers. TEMPERMAN, J. (2010). State-religion relationships and human rights law: towards a right to religiously neutral governance. Leiden, Martinus Nijhoff Publishers. UNEP CHEMICALS WORKSHOP ON THE MANAGEMENT OF POLYCHLORINATED BIPHENYLS (PCBS) AND DIOXINS/FURANS. (2000). Proceedings UNEP Chemicals workshop on the management of polychlorinated biphenyls (PCBs) and dioxins/furans: Yaoundé, Cameroon, 17-20 April 2000. Geneva, Switzerland, UNEP Chemicals. Read More