Labour law (also known as employment or labor law) is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society As such, it mediates many aspects of the relationship between trade unions, employers and employees. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming In Canada, employment laws related to unionised workplaces are differentiated from those relating to particular individuals. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page In most countries however, no such distinction is made. However, there are two broad categories of labour law. First, collective labour law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. The labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better Labor rights or workers' rights are a group of Legal rights and claimed Human rights having to do with Labor relations between Workers Labour rights have been integral to the social and economic development since the industrial revolution. The Industrial Revolution was a period in the late 18th and early 19th centuries when major changes in agriculture manufacturing and transportation had a profound effect on the

Contents 1 Labour law history 2 Individual labour law 2.1 Contract of employment 2.2 Minimum wage 2.3 Working time 2.4 Health and safety 2.5 Anti-discrimination 2.6 Unfair dismissal 2.7 Child labour 3 Collective labour law 3.1 Trade unions 3.2 Strikes 3.3 Pickets 3.4 Workplace involvement 3.5 Co-determination 4 International labour law 4.1 International Labour Organisation 4.2 European labour law 5 National labour law 5.1 Australian labour law 5.2 Canadian labour law 5.3 British labour law 5.4 French labour law 5.5 Mexican labour law 5.6 United States labor law 6 See also 6.1 Advice 6.1.1 UK 7 Notes 8 Further reading 9 External links

Labour law history

Part of a series on Organized Labor
The Labor Movement
New Unionism · Proletariat
Social Movement Unionism
Syndicalism · Socialism
Labor timeline
Labor rights
Child labor · Eight-hour day
Occupational safety and health
Collective bargaining
Trade unions
Trade unions by country
Trade union federations
International comparisons
ITUC · WFTU · IWA
Strike actions
Chronological list of strikes
General strike · Sympathy strike
Sitdown strike · Work-to-rule
Trade unionists
Joe Hill · Dita Indah Sari
Walter Reuther
Sonja Davies · Eugene V. Debs
A. J. Cook · Shirley Carr more names
Academic Disciplines
Labor in economics
Labor history (discipline)
Industrial relations
Labor law
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Labour law arose due to the demands of workers for better conditions, the right to organise, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. The labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better New Unionism is a term which has been used twice in the history of the labour movement both times involving moves to broaden the union agenda The proletariat (from Latin la ''proles'' "offspring" is a term used to identify a lower Social class; a member of such a class is proletarian Social Movement Unionism is a trend of theory and practice in contemporary trade unionism Syndicalism is a type of movement which aims to degrade capitalist societies through action by the Working class on the industrial front Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution Timeline of Organized labor history 1790s - 1800s - 1810s - 1820s - 1830s - 1840s - 1850s Labor rights or workers' rights are a group of Legal rights and claimed Human rights having to do with Labor relations between Workers Child labor is the employment of Children at regular and sustained labour The 8-hour day movement or 40-hour week movement (aka the Short-time movement) had its origins in the Industrial Revolution in Britain, where Occupational safety and health is a cross-disciplinary area concerned with protecting the Safety, Health and welfare of people engaged in Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming This is a list of Trade unions and Union federations by country This is a list of federations of Trade unions. Those federations listed under each country are also known as National trade union centres and are organisations formed Unions have been compared across countries by growth and decline patterns by violence levels and by kinds of political activity Inaugural Congress The founding and first congress of the ITUC was held November 1 - 3 2006 in Vienna TemplateInfobox Union for usage -->The World Federation of Trade Unions (WFTU was established in the wake of the Second Template talkInfobox Union for usage --> The International Workers' Association ( IWA) ( Spanish: Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work. The following is a list of deliberate absence from work related to specific working conditions ( strikes) or due to general unhappiness with the political order ( General strikes A general strike is a Strike action by a critical mass of the labour force in a city region or country A sympathy strike is a Strike action that is initiated by workers in one industry and supported by workers in a separate but related industry or profession A sit-down strike is a form of Civil disobedience in which an organized group of workers usually employed at a factory or other centralized location take possession of Work-to-rule is an Industrial action in which Employees do no more than the minimum required by the rules of a workplace and follow safety or other regulations to Joe Hill, born Joel Emmanuel Hägglund, and also known as Joseph Hillström ( October 7, 1879 or 1882 – November 19, 1915 Dita Indah Sari is an Indonesian Trade union and Socialist activist For the Baseball player Walter Ruether see Dutch Ruether. Walter Philip Reuther ( September 1, 1907 – Sonja Davies ONZ ( November 11, 1923 &ndash June 12, 2005) was a New Zealand trade unionist peace campaigner and Member Eugene Victor Debs (November 5 1855 &ndash October 20 1926 was an American union leader one of the founding members of the International Labor Union and the Industrial Arthur James Cook (1883 - 1931 known as A J Cook, was a British Coal miner and Trade union leader Shirley GE Carr is a Canadian union leader who was the first woman president of Canada's largest labour organization the Canadian Labour Congress. Labor history (or labour history) is a broad field of study concerned with the development of the Labor movement and the Working class. The field of industrial relations (also called labor relations) looks at the relationship between Management and workers particularly groups of workers represented Employers' costs can increase due to workers organizing to win higher wages, or by laws imposing costly requirements, such as health and safety or equal opportunities conditions. Workers' organizations, such as trade unions, can also transcend purely industrial disputes, and gain political power - which some employers may oppose. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming The state of labour law at any one time is therefore both the product of, and a component of, struggles between different interests in society.

Individual labour law

Individual labour law deals with peoples rights at work place on their contracts for work. Where before unions would be major custodians to workplace welfare, there has been a steady shift in many countries to give individuals more legal rights that can be enforced directly through courts.

Contract of employment

Main articles: Employment contract and At-will employment

The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. A contract of employment is a category of Contract used in Labour law to attribute right and responsibilities between parties to a bargain At-will employment is a doctrine of American law that defines an Employment relationship in which either party can break the relationship with no liability provided A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things in order to protect employees, and facilitate a fluid labor market. One example in many countries^[1] is the duty to provide written particulars of employment with the essentialia negotii (Latin for essential terms) to an employee. Essentialia negotii is Latin for "essential aspects" or "basic terms" and is Legal term used in Contract. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is. ^[2]

Minimum wage

Main article: Minimum wage

There may be law stating the minimum amount that a worker can be paid per hour. A minimum wage is the lowest hourly daily or monthly Wage that employers may legally pay to employees or workers Australia, Canada, China, Belgium, France, Greece, Hungary, India, Ireland, Japan, Korea, Luxemburg, the Netherlands, New Zealand, Portugal, Poland, Romania, Spain, Taiwan, the United Kingdom, the United States and others have laws of this kind. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Supply and demand is an Economic model describing effects on price and quantity in a Market. A free market is a Market in which property rights are voluntarily exchanged at a price arranged completely by the mutual consent of sellers and buyers A price floor is a government- or group-imposed limit on how low a price can be charged for a product Those unable to command the minimum wage due to a lack of education, experience or opportunity would typically work in the underground economy, if at all. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.

Minimum wage laws were first introduced nationally in the United States in 1938,^[3] India in 1948, France in 1950,^[4] and in the United Kingdom in 1999. The United States of America —commonly referred to as the The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located ^[5] In the European Union, 18 out of 25 member states currently have national minimum wages. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in ^[6]

Working time

See also: Eight-hour day

Before the Industrial Revolution, the workday varied between 11 and 14 hours. The 8-hour day movement or 40-hour week movement (aka the Short-time movement) had its origins in the Industrial Revolution in Britain, where The Industrial Revolution was a period in the late 18th and early 19th centuries when major changes in agriculture manufacturing and transportation had a profound effect on the With the growth of industrialism and the introduction of machinery, longer hours became far more common, with 14-15 hours being the norm, and 16 not at all uncommon. The Industrial Revolution was a period in the late 18th and early 19th centuries when major changes in agriculture manufacturing and transportation had a profound effect on the Use of child labour was commonplace, often in factories. Child labor is the employment of Children at regular and sustained labour In England and Scotland in 1788, about two-thirds of persons working in the new water-powered textile factories were children. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. ^[7] The eight-hour movement's struggle finally led to the first law on the length of a working day, passed in 1833 in England, limiting miners to 12 hours, and children to 8 hours. The 8-hour day movement or 40-hour week movement (aka the Short-time movement) had its origins in the Industrial Revolution in Britain, where Year 1833 ( MDCCCXXXIII) was a Common year starting on Tuesday (link will display the full calendar of the Gregorian Calendar (or a Common The 10-hour day was established in 1848, and shorter hours with the same pay were gradually accepted thereafter. Year 1848 ( MDCCCXLVIII) was a Leap year starting on Saturday (link will display the full calendar of the Gregorian Calendar (or a Leap The 1802 Factory Act was the first labour law in the UK. The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile

After England, Germany was the first European country to pass labor laws; Chancellor Bismarck's main goal being to undermine the Social Democratic Party of Germany (SPD). Germany, officially the Federal Republic of Germany ( ˈbʊndəsʁepuˌbliːk ˈdɔʏtʃlant is a Country in Central Europe. Otto Eduard Leopold von Bismarck Count of Bismarck-Schönhausen Duke of Lauenburg Prince of Bismarck ( April 1, 1815 July 30, 1898) In 1878, Bismarck instituted a variety of anti-socialist measures, but despite this, socialists continued gaining seats in the Reichstag. The Reichstag ( German for "Imperial Diet " was the Parliament of the Holy Roman Empire, the North German Confederation, The Chancellor, then, adopted a different approach to tackling socialism. Socialism refers to a broad set of economic theories of social organization advocating state or collective ownership and administration of the Means of production and distribution In order to appease the working class, he enacted a variety of paternalistic social reforms, which became the first type of social security. Social security primarily refers to a Social insurance program providing social protection or protection against socially recognized conditions including poverty old The year 1883 saw the passage of the Health Insurance Act, which entitled workers to health insurance; the worker paid two-thirds, and the employer one-third, of the premiums. Accident insurance was provided in 1884, whilst old age pensions and disability insurance were established in 1889. Other laws restricted the employment of women and children. These efforts, however, were not entirely successful; the working class largely remained unreconciled with Bismarck's conservative government.

In France, the first labor law was voted in 1841. This article is about the country For a topic outline on this subject see List of basic France topics. For the game see 1841 (board game. Year 1841 ( MDCCCXLI) was a Common year starting on Friday (link However, it limited only under-age miners' hours, and it was not until the Third Republic that labor law was effectively enforced, in particular after Waldeck-Rousseau 1884 law legalizing trade unions. The French Third Republic (in French, La Troisième République, sometimes written as La IIIe Year 1884 ( MDCCCLXXXIV) was a Leap year starting on Tuesday (link will display the full calendar of the Gregorian calendar (or a Leap year A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming With the Matignon Accords, the Popular Front (1936-38) enacted the laws mandating 12 days (2 weeks) each year of paid vacations for workers and the law limiting to 40 hours the workweek (outside of overtime). The Matignon Agreements (French Accords de Matignon) were signed on June 7 1936 at one o'clock in the morning between the CGPF employers trade union The Popular Front (French Front populaire) was an alliance of left-wing movements including the French Communist Party (PCF the Socialist Lists of holidays The words holiday or vacation have related meanings in different English-speaking countries and continents but will usually refer to one of

• Lochner v. New York, 198 U. Lochner v New York, 198 US 45 (1905 was a landmark United States Supreme Court case that held the " Right to free contract " was S. 45 (1905), a notorious, and now defunct case by the US Supreme Court that regulation of working time (for bakeries) to limit workers to a 10 hour day. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary.

Health and safety

Main article: Occupational safety and health

Other labor laws involve safety concerning workers. Occupational safety and health is a cross-disciplinary area concerned with protecting the Safety, Health and welfare of people engaged in The earliest English factory law was drafted in 1802 and dealt with the safety and health of child textile workers. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland A factory (previously manufactory) or manufacturing plant is an industrial Building where workers manufacture goods Year 1802 ( MDCCCII) was a Common year starting on Friday of the Gregorian calendar or a Common year starting on Wednesday of the Child labor is the employment of Children at regular and sustained labour A textile is a flexible material comprised of a network of natural or artificial Fibres often referred to as thread or Yarn.

Anti-discrimination

Main article: Anti-discrimination law

This clause means that discrimination against employees is morally unacceptable and illegal, on a variety of grounds, in particular racial discrimination or sexist discrimination. Anti-discrimination law refers to the law on people's right to be treated equally. Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is List of racism-related topics|Racism by country Racism, by its simplest definition is the belief that race is the primary determinant of human traits and capacities and that Sexism is the belief or attitude that one Gender or Sex is inferior to or less valuable than the other and can also refer to a Hatred or distrust towards

Unfair dismissal

Main articles: Unfair dismissal, Wrongful dismissal, and At-will employment

Convention no. 158 of the International Labour Organization states that an employee "can't be fired without any legitimate motive" and "before offering him the possibility to defend himself". Unfair dismissal is the term used in English Welsh and Scottish Law to describe an Employer 's action when terminating an Employee 's Employment contrary Wrongful dismissal, also called wrongful termination or wrongful discharge, is an Idiom and legal phrase describing a situation in which an employee's At-will employment is a doctrine of American law that defines an Employment relationship in which either party can break the relationship with no liability provided Termination of Employment Convention 1982 is an International Labour Organization Convention. The International Labour Organization Thus, on April 28, 2006, after the unofficial repeal of the French First Employment Contract (CPE), the Longjumeau (Essonne) conseil des prud'hommes (labor law court) judged the New Employment Contract (CNE) contrary to international law, and therefore "unlegitimate" and "without any juridical value". Events 1192 - Assassination of Conrad of Montferrat (Conrad I King of Jerusalem, in Tyre, two days after his title Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The contrat première embauche ( CPE) translated first employment contract, was a new form of employment contract pushed in spring 2006 in France Longjumeau is a commune in the southern suburbs of Paris, France. Essonne is a French department in the region of Île-de-France. Labour law (also known as employment or labor law is the body of Laws administrative rulings and precedents which address the legal rights of and restrictions Contrat nouvelle embauche (abbreviated to CNE, New Employment Contract aka New Recruitment Contract or sometimes New-job contract in English International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards The court considered that the two-years period of "fire at will" (without any legal motive) was "unreasonnable", and contrary to convention no. 158, ratified by France. ^[8][9]

Child labour

Main article: Child labour

Child labour is the employment of children under an age determined by law or custom. Child labor is the employment of Children at regular and sustained labour Events 305 - Diocletian and Maximian retire from the office of Roman Emperor. Year 1909 ( MCMIX) was a Common year starting on Friday (link will display full calendar of the Gregorian calendar (or a Common year starting The City of New York Employment is a Contract between two parties, one being the employer and the other being the employee. CHILD syndrome (or congenital hemidysplasia with ichthyosiform erythroderma and limb defects) is a genetic disorder This practice is considered exploitative by many countries and international organizations. The term " exploitation " may carry two distinct meanings The act of utilizing something for any purpose Child labour was not seen as a problem throughout most of history, only becoming a disputed issue with the beginning of universal schooling and the concepts of labourers and children's rights. Education encompasses both the Teaching and Learning of Knowledge, proper conduct, and technical competency Labor rights or workers' rights are a group of Legal rights and claimed Human rights having to do with Labor relations between Workers Children's rights are the Human rights of Children with particular attention to the rights of special protection and care afforded to the young including their Child labour can be factory work, mining or quarrying, agriculture, helping in the parents' business, having one's own small business (for example selling food), or doing odd jobs. Some children work as guides for tourists, sometimes combined with bringing in business for shops and restaurants (where they may also work as waiters). Tourism is Travel for Recreational or Leisure purposes The World Tourism Organization defines tourists as people who "travel A restaurant is a retail establishment that serves prepared Food to Customers. Other children are forced to do tedious and repetitive jobs such as assembling boxes, or polishing shoes. However, rather than in factories and sweatshops, most child labour occurs in the informal sector, "selling on the street, at work in agriculture or hidden away in houses — far from the reach of official inspectors and from media scrutiny. A sweatshop is a working environment with very difficult or dangerous conditions usually where the workers have few rights or ways to address their situation Agriculture refers to the production of goods through the growing of plants and fungi and the raising of domesticated Animals The study of agriculture "^[10]

Collective labour law

Collective labour law concerns the tripartite relationship between employer, employee and trade unions. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming Trade unions, sometimes called "labour unions" are the form of workers' organisation most commonly defined and legislated on in labour law. However, they are not the only variety. In the United States, for example, workers' centers are associations not bound by all of the laws relating to trade unions.

Trade unions

Main article: Trade union

The law of some countries place requirements on unions to follow particular procedures before certain courses of action are adopted. A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming For example, the requirement to ballot the membership before a strike, or in order to take a portion of members' dues for political projects. Laws may guarantee the right to join a union (banning employer discrimination), or remain silent in this respect. Some legal codes may allow unions to place a set of obligations on their members, including the requirement to follow a majority decision in a strike vote. Some restrict this, such as the 'right to work' legislation in some of the United States. The Right to work is the concept that people have a human right to work and may not be prevented from doing so

Strikes

Main article: Strike action

Strike action is the weapon of the workers most associated with industrial disputes, and certainly among the most powerful. Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work. In most countries, strikes are legal under a circumscribed set of conditions. Among them may be that:

• The strike is decided on by a prescribed democratic process. (Wildcat strikes are illegal). Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work.
• Sympathy strikes, against a company by which workers are not directly employed, may be prohibited. A sympathy strike is a Strike action that is initiated by workers in one industry and supported by workers in a separate but related industry or profession
• General strikes may be forbidden by a public order. A general strike is a Strike action by a critical mass of the labour force in a city region or country In Urban planning, the notion of " public order " refers to a City containing relatively empty (and orderly Spaces which allow for flexibility
• Certain categories of person may be forbidden to strike (airport personnel, health personnel, police or firemen, etc. )
• Strikes may be pursued by people continuing to work, as in Japanese strike actions which increase productivity to disrupt schedules, or in hospitals. Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work. A hospital is an institution for Health care providing treatment by specialised staff and equipment and often but not always providing for

A boycott is a refusal to buy, sell, or otherwise trade with an individual or business who is generally believed by the participants in the boycott to be doing something morally wrong. A boycott is a form of Consumer activism involving the act of voluntarily abstaining from using buying or dealing with someone or some other organization as an expression of Throughout history, workers have used tactics such as the go-slow, sabotage or just not turning up en-masse in order to gain more control over the workplace environment, or simply have to work less [2]. A go-slow is a term used in Industrial relations used to define a slowing down of production orprovision of a service by a labour force in pursuanceof an industrial dispute Sabotage is a deliberate action aimed at weakening an enemy oppressor or employer through subversion obstruction disruption and/or destruction Some labour law explicitly bans such activity, none explicitly allows it.

Pickets

Main article: Picketing

Picketing is a tactic which is often used by workers during strikes. They may congregate outside the business which they are striking against, in order to make their presence felt, increase worker participation and dissuade (or prevent) strike breakers from entering the place of work. A strikebreaker (also called scab or knobstick) is a person who works despite an ongoing strike. In many countries, this activity will be restricted both by labour law, by more general law restricting demonstrations, or sometimes by injunctions on particular pickets. For example, labour law may restrict secondary picketing (picketing a business not directly connected with the dispute, such as a supplier of materials), or flying pickets (mobile strikers who travel in order to join a picket). There may be laws against obstructing others from going about their lawful business (scabbing, for example, is lawful); making obstructive pickets illegal, and, in some countries, such as Britain, there may be court orders made from time to time against pickets being in particular places or behaving in particular ways (shouting abuse, for example). Strike action, often simply called a strike, is a work stoppage caused by the mass refusal by Employees to perform work.

Workplace involvement

Main article: Industrial democracy

Workplace consulation statutes exist in many countries, requiring that employers consult their workers on issues that concern their place in the company. Industrial democracy is an arrangement which involves workers making decisions sharing responsibility and Authority in the workplace Industrial democracy refers to the same idea, but taken much further. Not only that workers should have a voice to be listened to, but that workers have a vote to be counted.

Co-determination

Main articles: Co-determination and Industrial democracy

Originating in Germany, some form of co-determination (or Mitbestimmung) procedure is practised in countries across continental Europe, such as Holland and the Czech Republic. Co-determination (also codetermination is a practice whereby the employees have a role in management of a company Industrial democracy is an arrangement which involves workers making decisions sharing responsibility and Authority in the workplace This involves the rights of workers to be represented on the boards of companies for whom they work. The German model involves half the board of directors being appointed by the company trade union. However, German company law uses a split board system, with a 'supervisory board' (Aufsichtsrat) which appoints an 'executive board' (Vorstand). Shareholders and unions elect the supervisory board in equal number, except that the head of the supervisory board is, under co-determination law, a shareholder representative. While not gaining complete parity, there has been solid political consensus since the Helmut Schmidt social democrat government introduced the measure in 1976. Helmut Heinrich Waldemar Schmidt (born 23 December 1918 is a German Social Democratic Politician who served as Chancellor of West Germany

In Britain, the similar proposals were drawn up, and a command paper produced named the Bullock Report (Industrial democracy). The Bullock Report was a report proposing for a form of worker participation or workers control, named for Alan Bullock. This was released in 1977 by the James Callaghan Labour government. Leonard James Callaghan Baron Callaghan of Cardiff, KG, PC (27 March 1912 – 26 March 2005 was Prime Minister of the United Kingdom from 1976 to 1979 This proposal involved a similar split on the board, but its effect would have been even more radical. Because U. K. company law requires no split in the boards of directors, unions would have directly elected the management of the company. Furthermore, rather than giving shareholders the slight upper hand as happened in Germany, a debated 'independent' element would be added to the board, reaching the formula 2x + y. However, no action was ever taken as the U. K. slid into the winter of discontent. The "Winter of Discontent" is a term used to describe the British Winter of 1978 &ndash 1979, during which there were widespread This tied into the European Commission's proposals for worker participation in the 'fifth company law directive', which was also never implemented.

International labour law

One of the crucial concerns of workers and those who believe that labour rights are important, is that in a globalising economy, common social standards ought to support economic development in common markets. Globalization (or globalisation) in its literal sense is the process of transformation of local or regional phenomena into global ones However, there is nothing in the way of international enforcement of labour rights, with the notable exception of labour law within the European Union. At the Doha round of trade talks through the World Trade Organisation one of the items for discussion was the inclusion of some kind of minimum standard of worker protection. The Doha Development Round is the current trade-negotiation round of the World Trade Organization (WTO which commenced in November 2001 The chief question is whether, with the breaking down of trade barriers in the international economy, while this can benefit consumers it can also make the ability of multinational companies to bargain down wage costs even greater, in wealthier Western countries and developing nations alike. The ability of corporations to shift their supply chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are forced into a merciless downward spiral, not only slashing tax rates and public services with it but also laws that in the short term cost employers money. A supply chain or logistics network is the system of organizations people technology activities information and resources involved in moving a product or service from Public services is a term usually used to mean services provided by Government to its Citizens, either directly (through the Public sector) or Countries are forced to follow suit, on this view, because should they not foreign investment will dry up, move places with lower "burdens" and leave more people jobless and poor. Foreign direct investment ( FDI) in its classic definition is defined as a company from one country making a physical investment into building a factory in another country This argument is by no means uncontested. The opposing view suggests that free competition for capital investment between different countries increases the dynamic efficiency of the market place. Competition is a rivalry between individuals groups nations or animals for territory or resources Faced with the discipline that markets enforce, countries are incentivised to invest in education, training and skills in their workforce in order to obtain a comparative advantage. In international trade the principle of comparative advantage refers to the fact that although one country may have an absolute disadvantage with another value can be created for both Government initiative will be spurred, because rational long term investment will be perceived as the better choice to increasing regulation. This theory concludes that an emphasis on deregulation is more beneficial than not. That said, neither the International labour organisation, nor the European Union takes this view.

International Labour Organisation

Main article: International Labour Organisation

The International Labour Organisation (ILO), whose headquarters are in Geneva, is one of the oldest surviving international bodies, and the only surviving international body set up at the time of the League of Nations following the First World War. The International Labour Organization The League of Nations was an International organization founded as a result of the Treaty of Versailles in 1919–1920 World War I (abbreviated WWI; also known as the First World War, the Great War, and the War to End All Its guiding principle is that "labour is not a commodity" to be traded in the same way as goods, services or capital, and that human dignity demands equality of treatment and fairness in dealing within the workplace. ^[11] The ILO has drawn up numerous conventions on what ought to be the labour standards adopted by countries party to it. Countries are then obliged to ratify the Conventions in their own national law. However, there is no enforcement of this, and in practice most conventions are not agreed to, even if they are adhered to.

European labour law

Main article: European labour law

The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. The European Union ( EU) is a political and economic union of twenty-seven member states, located primarily in The Working Time Directive of the European Union (Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time Official Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48 hour working week in order to work longer hours. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). This article is about the country For a topic outline on this subject see List of basic France topics. The 35-hour working week is a measure adopted first in France, in February 2000 under Prime Minister Lionel Jospin 's Plural Left government The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then passed in 2006. The Directive on services in the internal market (commonly referred to as the Bolkestein Directive) is an initiative of the European Commission aimed at creating Frederik "Frits" Bolkestein ( (born April 4, 1933) is a Dutch Politician and former European Commissioner He was

National labour law

Australian labour law

Main article: Australian labour law

Canadian labour law

Main article: Canadian labour and employment law

In Canadian law, 'labour law' refers to matters connected with unionised workplaces, while 'employment law' deals with non-unionised employees. Australian labour law has had a unique development that distinguishes it from other English speaking jurisdictions Canadian labour law is that body of Law which regulates the rights restrictions obligations of trade unions workers and employers in Canada

British labour law

Main article: British labour law

The Factory Acts (first one in 1802, then 1833) and the 1832 Master and Servant Act were the first laws regulating labour relations in the United Kingdom. British labour law is that body of law which regulates the rights restrictions obligations of trade unions workers and employers in Great Britain. The Factory Acts were a series of Acts passed by the Parliament of the United Kingdom to limit the number of hours worked by women and children first in the textile Master and Servant Acts or Masters and Servants Acts were Laws designed to regulate relations between Employers and Employees during the 18th and The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom from 1 January 1801 until 12 April 1927 The vast majority of employment law before 1960 was based upon the Law of Contract. Year 1960 ( MCMLX) was a Leap year starting on Friday (link will display full calendar of the Gregorian calendar. Since then there has been a significant expansion primarily due to the "equality movement" and the European Union. There are three sources of Law: Acts of Parliament called Statutes, Statutory Regulations (made by a Secretary of State under and Act of Parliament) and Case Law (developed by various Courts).

The first significant modern day Employment Law Act was the Equal Pay Act of 1970 although as it was a somewhat radical concept it did not come into effect until 1972. This act was introduced as part of a concerted effort to bring about equality for women in the workplace. Since the election of the Labour Government in 1997, there have been many changes in UK employment law. These include enhanced maternity and paternity rights, the introduction of a National Minimum Wage and the Working Time Directive which covers working time, rest breaks and the right to paid annual leave. Discrimination law has also been tightened, with protection from discrimination now available on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.

French labour law

In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936 and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The Popular Front (French Front populaire) was an alliance of left-wing movements including the French Communist Party (PCF the Socialist Lists of holidays The words holiday or vacation have related meanings in different English-speaking countries and continents but will usually refer to one of The Matignon Agreements (French Accords de Matignon) were signed on June 7 1936 at one o'clock in the morning between the CGPF employers trade union The Grenelle accords negotiated on May 25th and 26th in the middle of the May 1968 crisis, reduced the working week to 44 hours and created trade union sections in each enterprise. For other events in May 1968 see 1968. ^[12] The minimum wage was also increased by 25%. ^[13] In 2000 Lionel Jospin's government then enacted the 35-hour workweek, down from 39 hours. Lionel Jospin (born 12 July 1937 is a French politician who served as Prime Minister of France, during the third " cohabitation " The 35-hour working week is a measure adopted first in France, in February 2000 under Prime Minister Lionel Jospin 's Plural Left government Five years later, conservative prime minister Dominique de Villepin enacted the New Employment Contract (CNE). Dominique de Villepin (born Dominique Marie François René Galouzeau de Villepin (dɔminik də vilpɛ̃ &mdash) on 14 November 1953 in Rabat, Morocco Contrat nouvelle embauche (abbreviated to CNE, New Employment Contract aka New Recruitment Contract or sometimes New-job contract in English Addressing the demands of employers asking for more flexibility in French labour laws, the CNE sparked criticism from trade unions and opponents claiming it was lending favour to contingent work. Labour market flexibility refers to the speed with which Labour markets adapt to fluctuations and changes in society the economy or production Contingent work, also sometimes known as casual work, is a Neologism which describes a type of Employment relationship between an Employer In 2006 he then attempted to pass the First Employment Contract (CPE) through a vote by emergency procedure, but that it was met by students and unions' protests. The contrat première embauche ( CPE) translated first employment contract, was a new form of employment contract pushed in spring 2006 in France The 2006 youth protests in France occurred throughout France during February, March, and April 2006 as a result of opposition to a measure President Jacques Chirac finally had no choice but to repeal it.

Mexican labour law

Main article: Mexican labor law

then they all died :) :)

United States labor law

Main article: United States labor law

In the United States, employers generally accepted the 8-hour day as of 1912. Mexican labor law governs the process by which workers in Mexico may organize Labor unions engage in Collective bargaining, and strike. United States labor law is a heterogeneous collection of state and federal laws Federal law not only sets the standards that govern workers' rights to organize in The United States of America —commonly referred to as the Year 1912 ( MCMXII) was a Leap year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Leap year starting The Wages and Hours Act of 1938 set the maximum standard work week to 44 hours, and in 1950 this was reduced to 40 hours. The Fair Labor Standards Act of 1938 ( FLSA, ch 676, June 25, 1938,) also called the Wages and Hours Bill, is United States federal Year 1938 ( MCMXXXVIII) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. Year 1950 ( MCML) was a Common year starting on Sunday (link will display the full calendar of the Gregorian calendar. The green cards entitle legal immigrants to work permits, although an illegal alien may often work in the States because of compartmentalization of various bureaucratic entities. A United States Permanent Resident Card, also known as a green card, is an Identification card attesting to the Permanent resident status of an Alien Immigration refers to the movement of people among countries While the movement of people has existed throughout human history at various levels modern immigration implies long-term Work permit is a generic term for a legal authorization which allows a person to take employment Illegal immigration refers to Immigration across National Borders in a way that violates the Immigration laws of the destination Country Despite the 40-hour standard maximum work week, some lines of work require more than 40-hours to complete the tasks of the job. For example, if you prepare agricultural products for market you can work over 72 hours a week, if you want to, but you cannot be required to. If you harvest products you must get a period of 24 hours off after working up to 72 hours in a seven-day period. There are exceptions to the 24 hours break period for certain harvesting employees, like those involved in harvesting grapes, tree fruits and cotton. Professionals, clerical (administrative assistants), technical, and mechanical employees can not be terminated for refusing to work more than 72 hours in a workweek.

The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The Constitution of the United States of America is the supreme Law of the United States. The federal government of the United States is the central United States Governmental body established by the United States Constitution. A state is a political association with effective Sovereignty over a geographic Area and representing a Population. Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is The private sector is not directly constrained by the Constitution. The Fifth Amendment has an explicit requirement that the Federal Government not deprive individuals of "life, liberty, or property," without due process of the law and an implicit guarantee that each person receive equal protection of the laws. The Fourteenth Amendment explicitly prohibits states from violating an individual's rights of due process and equal protection. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person Equal protection limits the State and Federal governments' power to discriminate in their employment practices by treating employees, former employees, or job applicants unequally because of membership in a group, like a race, religion or sex. The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Due process protection requires that employees have a fair procedural process before they are terminated if the termination is related to a "liberty," like the right to free speech, or a property interest. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her Freedom of speech is the freedom to speak freely without Censorship or Limitation.

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination based on age with respect to employees 40 years of age or older. This Act was created to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment because in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs; the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons; the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave; and the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce. In a meeting, two or more people come together for the purpose of discussing a (usually predetermined topic such as business or community event planning often in a formal setting

Title VII of the Civil Rights Act is the principal federal statute with regard to [employment discrimination] prohibiting unlawful employment discrimination by public and private employers, [labor organizations], training programs and employment agencies based on race or color, religion, sex, and national origin. Retaliation is also prohibited by Title VII against any person for opposing any practice forbidden by statute, or for making a charge, testifying, assisting, or participating in a proceeding under the statute. The Civil Rights Act of 1991 expanded the damages available to Title VII cases and granted Title VII plaintiffs the right to jury trial. The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions limiting the rights of employees

See also

• Collective bargaining
• Contingent work
• Labour market flexibility
• Industrial relations
• Legal working age and child labour
• Labour movement
• Master and Servant Act
• Right-to-work law
• Social security
• Sweat shops
• Unfair labor practice
• Union Organizer
• Vicarious liability
• Weekends
• WorkChoices
• Workplace Fairness

Advice

UK

Advice on employment law in the UK is available from a variety of sources, including the ACAS helpline (0845 7474747) or, for workers in Scotland, the Scottish Low Pay Unit Employment Rights Advice Line (0845 6023802). Collective bargaining is the process whereby workers organize together to meet converse and compromise upon the work environment with their employers Contingent work, also sometimes known as casual work, is a Neologism which describes a type of Employment relationship between an Employer Labour market flexibility refers to the speed with which Labour markets adapt to fluctuations and changes in society the economy or production The field of industrial relations (also called labor relations) looks at the relationship between Management and workers particularly groups of workers represented The legal working age is the minimum age required by Law for a person to work in each Country or Jurisdiction. Child labor is the employment of Children at regular and sustained labour The labour movement or labor movement is a broad term for the development of a collective organization of working people, to campaign in their own interest for better Master and Servant Acts or Masters and Servants Acts were Laws designed to regulate relations between Employers and Employees during the 18th and Right-to-work laws are Statutes enforced in twenty-two US states mostly in the southern or western U Social security primarily refers to a Social insurance program providing social protection or protection against socially recognized conditions including poverty old A sweatshop is a working environment with very difficult or dangerous conditions usually where the workers have few rights or ways to address their situation In United States Labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act A union organizer is a specific type of Trade union member (often elected or an appointed union official This article is about vicarious liability in private litigation for vicarious liability in criminal law see Vicarious liability (criminal. The Workplace Relations Act 1996 as amended by the Workplace Relations Amendment Act 2005, or WorkChoices, which came into effect in March 2006, was the most Workplace Fairness is a public education and advocacy organization originally founded in 1994 as the National Employee Rights Institute Advice on sex discrimination at work is available from the Equal Opportunities Commission ([3] or 0845 6015901). There are also a number of useful sources of information on the internet, such as the Department of Trade and Industry website and the Scottish Low Pay Unit's online employment rights pack.

Notes

Further reading

• Norman Selwyn, Selwyn's Law of Employment (2008) Oxford University Press
• Simon Honeyball, Honeyball and Bowers' Textbook on Employment Law (2008) Oxford University Press
• Keith Ewing, Aileen McColgan and Hugh Collins, Labour Law, Cases, Texts and Materials (2005) Hart Publishing
• Simon Deakin and Gillian Morris, Labour Law (2005) Hart Publishing ISBN-13 9781841135601
• Keshawn Walker and Arn Morell, "Labor and Employment: Workplace Warzone", Georgetown University Thesis (2005)

External links

• Labour Legislation page from 1911 Encyclopedia.org, Encyclopedia Brittanica's 1911 edition
• British employment law at emplaw.co.uk
• Overview article on Austrian labor law
• Overview article on Georgian labor law at Getsadze & Pateishvili Law Office
• Summary of Dutch labour law in English
• Other articles on Austrian labor law (mainly in German language)
• Labor and Worklife Program at Harvard Law School
• Repression Against the IWW
• FindUSLaw United States Employment Law
• California Labor Code
• Foreign Countries - Labor, Employment & Income Data, Policy & Law Research Guide from the Mississippi State University Libraries
• Labor and Employment Law Subject Guide from Catherwood Library, ILR School, Cornell University

The International Labour Organization

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