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Importance of labor law in management
History of employment and labor law
Importance of labor relations
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In contemporary labour law, the contract of employment and the law governing it have assumed a pivotal position, with issues connected to the law of the contract of employment now at the heart of most labour law cases. As a result, the wage-labour contract has played a fundamental role in shaping modern society and has thus made it abundantly clear that the importance of a working knowledge of the complexities of labour law cannot be underestimated it can be said that. The importance of a sound understanding of labour law will be explored in this essay, by analysing various cases and articles from the reading material, in relation to the influence of the employment relationship on the personal, economic, and social spheres.
PERSONAL SPHERE
The employment relationship is of key importance to the personal lives of individuals, providing them with material support in the form of wages and also nourishing their perception of self-worth. In everyday circumstances, situations commonly arise in contracts or arrangements, where it is crucial that parties are able to determine whether or not an employment relationship has come into existence. Labour law provides the mechanism by which parties can
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Labour law can act as a guide in the personal sphere, when trying to determine whether an employment relationship has been established in an arrangement involving family, friends and/or the like. It also regulates the relationship between workers, employers, trade unions and the government and as such its role in the economic sphere is wide ranging. An understanding of labour law not only as it currently stands, but also how it came to be, is also particularly enlightening when considering the historical developments of labour law in terms of the social
David Brody argues that the rise of contractual or collective bargaining relationships during the post WWII era formalized the relationship between employers and unions, but simultaneously began to put a break on shop floor activism. Explain Brody’s argument and, where relevant, incorporate Weber’s theory of bureaucracy.
Factories were known for their ill treatment of their employees, long hours and dirty and unsafe conditions. In 1866, unions started to form to improve working conditions for the workers. A fundamental problem faced by democratic societies is as long as people live their lives individually and go their separate ways and be selfish individuals, they are unlikely to meet collectively to resolve issues. There needs to be meaningful unity among people to alleviate this problem to get people obliged to one another, so there is a willingness to sacrifice for shared goals. Bonding of its citizens creates a democracy. Unions seemed to offer the middle class a chance to become a crucial part of fostering institutions of constitutional democracy. The unions have went through several transitions, but have always worked for the working force. I will discuss the history of the various unions, their wins and losses, and the struggle of the employee to achieve democracy in the workplace.
A surplus in female factory employment resulted in family problems because the “caretaker” of the family could very likely be working twelve hour days and oftentimes getting sick from unclean work conditions (Ellis and Esler 204). Their call for help in their industrial issues was soon answered by a group of organized laborers, more commonly referred to as a labor union. In continuation, the concept of labor unions is quite simple. Labor unions have working members fuse together to become a powerful force. This powerful force works to gain their rights (Bernard 5)....
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Tomlins, C. L., & King, A. J. (1992). Labor law in America: Historical and critical essays.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Fox, Alan (1966), Industrial sociology and Industrial relations. Royal Commission on trade Unions and Employers Association. Research Papers 3, HMSO, London
In 1874, Francis Galton said, “Nature is all that a man brings with him into the world; nurture is every influence that affects him after his birth”. The human body contains millions upon millions of cells and each of these cells contains hereditary information and DNA. However, there is no proof that the information carried in these genes predetermines the way in which we behave. I believe it is our life experiences and what we see and are told that shape the way in which we behave. Therefore, it appears to me that nurturing plays a far more governing and dominant role in a human being’s development rather than nature.
Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes. The external environmental factors that would influence employment relations are political, economic, social, technological, legal and environmental.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition
Nowadays work became one of the defining characteristics of a person. Work might influence one’s perception of the world, health, social ties, and emotional state (Vallas, Finlay and Wharton 2009: 5-7). As a result, work is not only a means through which a person earns income, but also a mechanism of bringing a person into society. There are virtually thousand types of work such as teachers, plumbers, cashiers, scholars, engineers, doctors, astronauts, poets, janitors and so on, each of which has its specific duties and tasks which provide a value to society. This variation in work leads to complexity of organizing labor. Hence, when entering job market one signs a contract that outlines both employee and employer duties, which covers formal side of work (ibid., 104). Nevertheless, in reality the way work should be done and the actual way of how work is done can differ significantly. This means that there exists hidden world of work. Hidden world of work can be understood as the one which is not seen to public, where workers come to agreement both among themselves and with employers (ibid.). Blue – collar occupation, which is characterized by an hourly payment to physical labor, can be an example of work that incorporates both formal and informal work practices (Gibson and Papa 2000: 68). This paper will analyze the importance of informal work practices at blue – collar occupations and identify the effect of informal work practices on the production process.
We will look at the employment relations and employment conflict and analyze this complex topic from different points of theory and practice.