Modern Day Employment Law Compared to Traditional Employment Law Patterns - Case Study Example

Modern Day Employment Law compared to Traditional Employment law Patterns Introduction The relationship between the employers and employees have been compiled legislatively which are known as “Employment laws”. These laws have been under the discussion for many years. It is also referred as labor laws. There have been colossal changes in the employment laws since its inception. Intermediation between employers and employees was made certain after the intervention of trade unions in the working environment. The theme to develop employment laws which would be beneficiary for the employer and employee is pictured, but the scenario in the market is quite different. Still there are many companies which are exploiting labors and no proper work rights are given to the employees. Pay rate determination, work rights, ethics, career progression, payment methodology etc. all of these come under the broad category of employment laws. The objective of this study is to determine the significant changes which have been experienced in the labor laws from time to time. The importance of employment laws for employees and employers, to check out the awareness of these laws among various sectors of the society. To focus on the disputes which are carried out among the employers and employees and to check out what actions were taken legislatively to resolve this core problem. There has been a lot of debate regarding this core topic so the focus should be to cover all the relevant aspects of the topic. The study will provide an insight about the management practices and current labor labors which are being followed in UK and Europe. A comparison between the laws will illustrate the shortcomings of the system. Historic Perspective The demand for employment laws arose in the late 17th and 18th century, when exploitation of labor reached far above the ground. Industrial revolution was the main step in bringing the employment laws into action. Labors were exploited in various ways around the globe. Eminent country nationals such as British, Scottish, German, French, and Russian etc. were forced to work for long hours with a very minimal pay. The time frame was not defined and sometimes they had to even work for more than 16 hours. Contract was also not set, thus there was no employment guarantee and any employee can be struck off any day. Hence there was totally a destructive situation for labors (Weiler 1990, p.34). Walsh (2012, p.41) illustrates that Health and safety issues were not addressed. There was no plan or policy which would define health care problems of employees. Sexual and racial discrimination was also one of the norms which were previously in practice. Children of any age were employed to increase productivity. The scenario for labors was not very pleasant. After the industrial revolution, rapidly some steps in the establishment of employment laws were taken. This step was commended by the labors as they finally had the chance to portray their voice in the legislation. Work timings, minimum wage, employment contracts, child labor, health and safety and anti discrimination policies were established so that there would be job security. The implementation of employment laws was a start of a new era in the employment history. Traditional Employment Laws Feinman (1976, p.119) describes that employment laws started to incept the industry after the labor rights movement. Industrial revolution was the main ground-breaking change which came in to bring labor laws in the work environment. In 1802, English Factory Act was passed by the UK parliament. The act ensured that workers would have to work 12 hours a day. Children were asked to work for 8 hours in a day. The struggle of 8 hours working was still in process which led to the 12 hours working mechanism practical in 1833. This was a big step towards the legislation of traditional employment laws. The 12 hours work was still a burden of labors end as they had to work really hard. This concern was thus addressed in 1848 as certain amendments took place in the law and labors were asked to work for 10 hours per day on the same wage. Germany was one of the countries in where labors struggle was recognized in 1883, the Health insurance act became a part of the legislation. Employer had to pay one third and worker two third for the premium. Accident insurance was also deployed in 1884. Germany started to make huge headlines in the industry as 1889 was the year when disability insurance and pension laws were established. Women and children were however restricted to work in the industry which was a big setback at that time (Walsh 2012, p.128). The other areas of concerns such as minimum wage, employment contract, unfair dismissal and discrimination were not addressed in the traditional employment laws. These laws did not concentrated on all the demands and requirements of labors but still it was a big step taken at that time. Exploitation of labor was basically at extreme and up bringing these laws was the necessity of that time. These laws also helped in the industrial revolution as there were still some measures taken to protect labor from oppression (Deakin 2000, p.107). Modern Employment Laws The practicality of modern employment laws is referred as in 19th and 20th century. The modern employment laws ensure the main areas of concerns of labors and employers. Legislation done in this regard throughout the world is followed. Analysts believe that still there are some discrepancies in these laws which needed to be fulfilled. Employment laws vary from country to country, some of the salient features of the modern employment laws which are followed in most of the countries around the globe are discussed below. Minimum wage was set so that there would be equality in the working mechanism. Some employees were paid higher just due to favoritism and good relations with the supervisors. In 1938, USA was the first country which introduced minimum wage rate for employees. The minimum wage rate was set after determining the market conditions. Inflation and interest rate are determined at first place so that there would be accurate estimation of the minimum wage rate. In 1940 minimum wage rate law was made in Brazil and in the year 1998 this law was implemented (Cappelli 2009, p.568). Working hours was another major concern of labors. Eight hours work movement finally had an impact in the 19th century when working eight hours was finally invaded in the law. In 1936, 40 hours per week Matignon Agreement was passed in France. In 1919, this law was passed in Portugal. In the start of 20th century, France was the country where this law came into action (Cingano & Pica 2010, p.127). Arthur & Rousseau (1996, p.31) demonstrate in the modern employment laws, contract of employment was made essential as this is one of the bases of the job. Previously there was no job security in the traditional employment laws as this core issue was not addressed. Modern employment laws are more practical and are concerned with the major issues that are faced in the working environment. Child labor was encouraged traditionally but later on in the modern laws, children below the age of 18 are not allowed to work in industries. This law has been followed in most of the developed and developed countries. Health and safety of labors was not given any sort of importance. Labors working in mines or in factories were asked to do risky tasks which could have ended up in the loss of life too. This area was linked to the safety and health issues of employees, thus insurance of employees and eliminating the risk factor in the job was made sure. Pensions were also made a part of the jobs. In UK pensions act of 2008 ensure the workers to get pension money after retirement. Now in the recent years legislation is being made so that every worker would be paid pension who works legally in United Kingdom (Barnard, 2012, p.145). Walsh (2012, p.135) state that international quality standards are also joined with the implementation of employment laws. ISO 9000-9001, ISO 14000 etc. are some of the quality standards which ensure that there would be no violation of international labor laws in the firm. Due to reputed acknowledgment of these laws in the world market, firms around the globe try to maintain their standards as per the certification requirements. Atypical Work Impact The labour market is a changing place and certainly new evolutionary changes have been very useful in this sector. Atypical work depicts the demolishment of traditional relationship between employer and employee. It does not lead to the traditional contract of full time job agreement with only one employer; employee has the option to work on multiple places simultaneously without disturbing primary jobs. Formally there is no legislation done so far from the Governments of European countries, so people have the privilege to do multiple jobs. De Grip & Ed Williams (1997, p.49) demonstrate that when particularly discussion about the atypical work scenario’s comes, then in Europe, Italy is the place where its impact can be seen more. Most of the people working there in Italy have two jobs and prefer doing both jobs at their respective times. For instance in the case of a College teacher, who is bound to teach in a certain college from 8 till 2pm. His contract however with the college does not restrict him to work at some other place too, so he is available to teach at another college from 3 to 7pm. Atypical work depends entirely upon an individual that how much one can handle the work load and how can he manage. The restriction on employees to work only at a single place is however lifting due to changing world working environment. The atypical work allows an employee to grow financially and mentally. The workload is increased but it depends upon the will power of anyone that he can manage it or not. Previously some people along with their full time job prefer doing a small business at their own, in which there was an ambiguity of a profit or loss. By not giving the maximum time required to a business, people had to wrap up their businesses sooner. Atypical work has up lifted the barrier of working at only one place. The studies depict that employees in order to cope up with worldly requirements, people prefer doing two or more jobs now. The trend is consistently more and growing in the European countries (Addison and Christopher 2009, p.660). Woman impact and influence in the atypical jobs can be seen eminent. Women are also efficient in doing multi tasking as they have to deal with home affairs as well after returning back home, so atypical work is just another day for them. Feminist studies proved that working women have a more chance of growth than men in atypical environment. In United Kingdom the trend of atypical work is also increasing. As the employer has to properly define the working timings and cannot get excessive work done in the later hours, it has improved the structure of people livings in the country (Owens 1993, p. 399) Moreover the change which can be observed at certain places is that some employers are even paying high to some employees so that they would sustain to work here and leave the other jobs. Instead of doing a job of fourteen or sixteen hours at multiple places, employees also sometimes think about the option of working to a single employer with considerable wage rate. Security jobs all around the Europe have this kind of influence. Long shifts of twelve to sixteen hours of work a day restricts an employee to work at the same place, for a good wage (Surfield and Welch 2009, p.34). Barth and Messing (2011, p. 51) examined that Atypical work is creating a lot of job opportunities for the people. For growth and development, people opt for the second job. However if we take into account the UK example of security jobs, than it depicts that long working hours at a certain place restricts one to go to the next job, same day. Similarly it creates employment opportunities for the unemployed individuals in the country. Atypical work has certainly created a revolutionary environment among the working industry. Awareness of Current Law The modern employment laws encourage labours to work in the industry. Job security and other major concerns of employees are addressed in every regard. The question which still arises in mind is that whether employees are aware about the laws or not. The literate employees are aware about employment laws while illiterate employees are ignorant about it. Most of the employees working are mainly concerned with work hours and wage rate. 8 hours at workplace is what primarily their concern is. Getting the wage rate according to the market scenario is also their area of interest. However awareness about other issues is seen minimum. This is because employers keep employees ignorant about work rights. Company laws and regulations are sometimes even against work rights. In the league of earning money and pleasing the employer, employees agree with those terms and conditions and forget their lawful rights (Bowlus & Grogan 2009, p.281). Cappelli (2009, p.598) describe that this scenario is because one party is at the receiving end and the other at giving end. The giver always has the authority to exercise power in right or wrong way. Employers try to save money and make full use of resources at every level, thus exploitation of employees is thus being done. This scenario must be taken into account and world should at least celebrate one day in which all the labours of the world should get awareness about their rights. Special ceremonies, presentations must be followed which would ensure labour presence. Employment Issues Deakin (2010, p.308) depicts that the regulation of employment laws does not mean that everything is perfect between labors and employers. There are several core issues of discussion which have not been discussed. There are various scenarios’ in which employees, in this 21st century are still exploited. Some issues are beneath the tables which have not been highlighted as labors believe that addressing those issues will ultimately result in the termination of jobs. In this account, the eight hours working at workplace can be discussed first. On papers it is implied to work for eight hours but in reality, employees have to work more than that. This situation can be deliberately seen in white collar jobs too. For instance in a white collar job, the work timing is primarily determined as 9 to 5 but the employees are forced by their supervisors to work till 6 and 7 daily. These circumstances are seen commonly in the work environment and there is no raise of voice from employees end as it is estimated that it would eventually end their job. Moreover the excuse which is made from employers end is that due to work load, employees are requested to stay in the offices. Thus the eight hours work methodology is only fragmented on papers; its observance can be seen in government sector but not in the private sector (Bowlus & Grogan 2009, p.293). Job rotation and additional work load is also an issue faced by the employees. Employers in order to save money and making extra use of the current resources force employees to work on multiple tasks. The assigned job is taken to the next level as employees are forced to work on other additional work sites, with no additional payment. This ends up in doing two jobs on the same pay roll. This not only makes physically and mentally an employee weak but also it can have negative impacts on the working of an employee. However these issues are sidelined by the employers (Cingano & Pica 2010, p.152). UK and EU labor Laws The labor laws in UK and EU are organized and well established. Their practical implementation is observed more and Governments of the respective countries make sure that laws are followed in their true spirit. The reports determine that UK and EU are the most employment law observing region of the world. Strict punishments and penalties are enforced against the violation of these laws. United Kingdom as a part of European Union follows rules and regulations. It has also made some own laws so that spirit of the main clauses of the laws would not be violated (Barnard 2012, p.151). Collective bargaining, dismissal fairness, working timings and wage determination are some of the main areas of concern in the European Union laws. These laws also ensure that at least 28 days paid holidays are given to the employees to boost up their commitment and confidence. Discrimination of people from any race, color, religion and region is discouraged and equal rights for all is the essence. There are laws which don’t permit students and visitors to work in EU and UK (Sachs 2008, p.2685). For check and balance, European court of law is there to discuss the happenings at workplace. Countries from EU have full confidence on the court and are consistently in the progress to make courts strong and powerful. Some controversies have been reported regarding the European court of laws about certain decisions but they were resolved after the intervention of member countries. The modern employment act was passed in 1970, in Britain. This law has huge significance as this is the backbone of UK current legislative affairs with respect to employment laws. Equality for women at workplace was also made in this law. Paternity and Maternity rights, minimum wage rate, anti discrimination and the concept of paid annual leave were amended in the Employment law act of 1997. The legislation of EU and UK regarding Employment laws is considered as one of the best in the world (Barnard 2012, p.168). Conclusion The Employment laws established throughout the years is the result of throughout tremendous struggle of employees/labors. The major contribution in the establishment of employment regulations around the globe was supported by the emergence of French revolution. Later on Industrial Revolution became the basis of strengthening implementation of laws. Modern era has been very obliging for employees as many sectors are being identified by the researchers and due to the struggle of their ancestral employees; employment laws are practical in the market. There are still various hidden areas which need to be focused which and it would strengthen employees and employers relationship. References Arthur, M. 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