Why Labor Laws Exist - Essay Example

? Labor Laws Introduction The business world has continued to grow and expand over the years from the original form of barter trade to the conglomerates that have emerged today. The rise in business practice and its development into large corporations that are responsible for large numbers of individuals who work for them has led to the need of a regulatory system that supports the needs of employees and takes them into consideration (Honeyball, 2008). It is essential that a means of protection for employees be developed so as to ensure that they are not exploited by the organizations they are contracted to. This exploitation may take place purposefully or unknowingly and leaves the employee in a disadvantageous situation that in most cases is not through any fault of their own (Selwyn, 2008). The best means of establishing a regulatory system that could protect employees against exploitation was through via the legal system that has already been established and holds valid authority on such matters. The legal system established a set of labor laws that were meant for this purpose and designed to fight for the “Average Joe” so to speak. Labor laws can be described as a set of rules that govern the relationship between an employee and their employer and have been designed to act as a baseline of what is expected from both parties (Ewing, McColgan & Collins, 2005). It can be said that these laws exist because frictionless economic efficiency can often operate to the disadvantage of the employed, even to the point of the violation of the basic civil rights of the employed. However, the role and structure of labor laws will have to be examined to determine whether the above statement contains any truth. By taking an in-depth look at the labor laws and role they play for both parties (that is, the employer and the employed) one is able to establish the essentiality of the existence of labor laws. Why Labor Laws Exist In order to properly understand the topic of discussion it is important for one to understand why labor laws were introduced into the legal system and the reason for their creation (Selwyn, 2008). There are a number of reasons that one can find for the existence of labor laws and by observing the main ones, one is able to visualize the need for these kind of regulation to be set in place. There can be said to be three main reasons why labor laws exist, these three reasons cover all the parties involved and the main angles that the subject can studied from. They include: 1. Employee Protection Labor laws exist to ensure that individuals working for organizations are not exploited as a result of their inability to stand up for themselves due to the size of the opposition. Labor laws are put in place to ensure that every employee is able to enjoy their basic needs and rights despite their various positions and circumstances and provides a tool that can be wielded against companies that may attempt to mistreat their employees. This can in fact be said to be the main reason behind the emergence of labor laws (Befort & Budd, 2009). The existence of these laws ensures that employees are treated fairly in their place of work and are not bullied by the large organizations in any context or form. The resources and clout that some large organizations hold in the society and business world would have meant that few individuals would have been successful fighting for their rights unless they had an equally influential backing supporting their cause. This backing has been offered by the labor laws that exist in the country (Ewing, McColgan & Collins, 2005). A good example of such protection is seen in excerpts of the existing labor laws such as the issue of Minimum Wage which entails the least amount of money that an individual can be paid for their work (Keshawn & Arn, 2005). This ensures that a company does not exploit individuals in financial trouble by offering them unfair remuneration for the work that they have put in knowing that in some situations some may not have a choice but to take the job. The Minimum Wage tries to ensure that all workers are able to gain fair financial compensation for their work and thus improve the quality of life that they are able to enjoy. 2. Employer Protection Though not many individuals look at labor laws from this point of view, they are also in existence to protect the interests of the employer as well. The labor laws cannot be referred to as biased when dealing with both parties (that is, employer and employee) and metes out the same justice to both sides (Deakin & Morris, 2005). The laws also provide for a means of protection from employees who may in one way or another attempt to exploit the organization they are working for. The laws ensure there is a structure and protocol set in place to allow organizations to deal with such situations effectively. A good example of such a situation is the bylines that have been included in labor laws involving the hiring and firing of employees (Keshawn & Arn, 2005). There are a number of criteria that if met by an employee allows an organization to let go of their services without fear of a backlash from their actions. This protects the employers from any legal situations should the fired employee decide to take legal action. 3. Foundation of Employer – Employee Relationship One main function of labor laws is to serve as platform whereby a working relationship can be developed between the employer and employee that will lead to a stable working environment. The foundation of this relationship is based in labor laws due to the fact the establishment of these rules and regulations has ensured that both sides are aware of the boundaries that have been put in place. These boundaries serve as guidelines on how both parties are expected to act towards each other. A good example of this is the inclusion of Collective labor law which provides for the establishment of Trade Unions that serve as a line of communication between the employer and their representatives (the employees) when needed (Clain, 2008). Communication is essential in any relationship if the parties involved are to understand each other and enhances the potential of a healthy bond between all groups involved in most cases. References Befort, F. S & Budd, J. W. (2009). Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus. Stanford University Press Clain, S. (2008). "How Living Wage Legislation Affects U.S. Poverty Rates". Journal Of Labor Research 29 (3) Deakin, S. & Morris, G. (2005) Labour Law. Oxford: Hart Publishing. Ewing, K., McColgan, A. & Collins, H. (2005) Labour Law, Cases, Texts and Materials. Oxford: Hart Publishing. Honeyball, S. (2008). Honeyball and Bowers' Textbook on Employment Law. Oxford: Oxford University Press. Keshawn W. & Arn M. (2005). Labor and Employment: Workplace Warzone. Washington, DC: Georgetown University. Selwyn, N. (2008). Selwyn's Law of Employment. Oxford: Oxford University Press. Read More