Labour law "examines the employment relationship, not in the abstract, but in light of certain images of and understandings about the organization and sociology of economic activity and the dramatis personæ ,employer and employee. " (J. Conaghan and other 2004, page 4). Employee relations in market economies go ahead wheresoever work is exchanged for payment among an employer and an employee (D. Farnham 2000, page 3). Labour legislation is protective in nature. It is, therefore, crucial to know who qualifies as an employee with the object of qualify for the protection offered by these rules and regulations (M.McGregor 2017, page 9).
What is the different between employee and employer?
According to Marie McGregor "employee is any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration; and any other person who in any manner assists in carrying on or conducting the business of can employer"(M. McGregor 2017, page 20). On the other hand, by employer we mean company, institution, individual or organization who employs a staff member.
What issues should be defined by labour law?
Labour legislation should determine issues such as including:
- safety, hygiene and health of workers
- working conditions
- minimum rest periods
- the terms of hiring out employee
- maximum work periods
- equality of deal between both sexes and other provisions of non-discrimination
- minimum wage rate
- protective measures with regard to the conditions and conditions of hiring of women which have in recent times given birth of children or pregnant female and young people (S.Hardy & M.Butter 2011, page 235).
- employees (Employment of person below the age of 14 is forbidden by appropriate labour laws) (A.M.A.H. Siddiqui 1990, page 73).
According to some scientists and economists, national labour laws, for instance, equal pay for women and a minimum wage, are necessary in order that promote longer-term production capability and competitive strength. Underestimated labour gives access to productive competition. Essential labour rights are required in order that correct market failure (B. Hepple 2005, page 18).
Labour law and economic functions
Labour laws serve crucial economic functions. The employment relationship provides one of the major foundations of the business enterprise. Obligations and the rights of the parties to the relationship are determined by labour laws. These affect the effectiveness of the company in a competitive market, and the redistribution of risks and benefits between employers and workers and between groups of employees (B. Hepple 2005, page 13).
|Labour law — recommended articles|
|Conditions of employment — Illegal work — Accident policy — Binding contract — Employee — Self funding — Apartheid — Discipline of work — Beneficiary Of Trust|
- Conaghan J. (2004), Labour Law in an era of globalization, Transformative Practices and Possibilities, Oxford University Press, New York
- Farnham D. (2000), Employee Relations in Context Chartered institute of personnel and development, London
- Hardy S., Butter M. (2011), European Employment Laws: a comparative guide (second edition), Spiramus Press, Great Britain
- Hepple B. (2005), Labour Laws and Global Trade, Hart Publishing, Oxford and Portland Oregon
- McGregor M. (2017), Labour Law Rules! Third Edition, Siber Ink CC, Cape Town
- Siddiqui A.M.A.H. (1990), Laws and the Working Poor, Labour Administration, Bangkok
Author: Edyta Pach