To MBIE,
I am writing this submission because I find the purpose of work law important, so it is imperative that The Employment Relations Act 2000 (‘ERA’) enables workers to be protected. There is also economic benefits of individuals partaking in society, being productive and contributing socially and economically (Owens & Riley, 2007). Work law helps shape the work place by having devices to resolve disputes between employees and employer, and providing protection for both parties.
Purpose of work law
The main purpose of work law is protecting employees and employers, as well as stimulating New Zealands economy. Section six of the ERA explains who qualifies as an employee, only if you meet these requirements will you be granted rights. This legislation stipulates the minimum codes employers are required to uphold so that vulnerable people are protected (Rudman, 2015). Alternatively it protects the employer by giving them
…show more content…
There are significant implications when you are defined as an employee or an independent contract. If you are classified as an employee then you are protected with various rights, alternatively if you are considered a contractor then you lack those wardships. Although this is a disadvantage as a contractor, you do gain the ability to have freedom and control over your working life, this is the incentive of being a contractor.
With the legislation currently in place based around only protection for an employee, there is a mismatch with the intention the law was created for. My view is that section 6 was designed to protect workers, but with the change in the market of increased contractors there needs to be an update to include non-standard employment. According to Statistics New Zealand one third of employed are considered non-standard, the law needs to cater to more than just employees (Statistics New Zealand,
The character of the Fair Work Commission is to ensure that the negotiating process and industrial activity are carried out in accordance to the Commonwealth workplace laws. Bargaining representatives of workers must contact the Fair Work Commission before they want to take industrial action to assist their claims (Australian Government,
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
In the case Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), Lechmere was a large retail store located in a plaza that also contained several smaller satellite stores. In this case the union filed an unfair labor practice against Lechmere for violating Section 7 of the NLRA for not allowing its non-employee organizers to distribute literature on the companies parking lot. There was not sufficient area for on public property for these organizers to be able to speak with employees. In this case the NLRB ruled in favor of the union stating that “The right to distribute is not absolute, but must be accommodated to the circumstances, where it is impossible or unreasonably difficult for a union to distribute organizational literature to employees entirely off the employer’s premises, distribution on a nonworking area, such as the parking lot and the walkways between the parking lot and the gate, may be warranted.”
Ferguson, J. (1997), Casual Employment Contracts: Continuing Confusion when Protection and Free Market Clash, New Zealand Journal of Industrial Relations, 22(1): 123-142
The health and safety of employees in the workplace is protected by legislation provided under the Health and Safety at Work etc Act 1974 (HASAWA) and its applicable regulations.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
This issue does not have any resolutions or a solution. You could consider taking the advice of an immigration lawyer but you will be putting yourself under the scrutiny of the INS
The purpose of this research is to prove that the employment at will doctrine does not protect the employee population in the United States. The fact that if you look at the way the doctrine is written it protects the employers and firms, and this as a result creates discrimination. This in itself creates an unsafe and sometime unstable work environment because of the potential for high turnover, costly training, and low morale amongst employees. There are certain factors that must be considered within the employee at will doctrine such as union protection, the economy, contracting verses employment, discrimination and the economic stance on the United States is currently in.
NZ’s industrial relations developed by protection of the employment relationship through acts passed by government, particularly the Industrial Conciliation and Arbitration Act (IC&A). This is fundamental to NZ’s employment relations and set the right for trade unions to arrange and negotiate collectively with employers, as well as producing awards, wage rates and handling disputes (Bryson, 2011c).
The act presents disabled workers with a catch 22: it places disabled workers into two categories; the worker is either too disabled to be working at all, or they are not af...
Edition e-Resource]. Bennett-Alexander-Hartman: Employment Law for Business, Fourth Edition. Retrieved August 32, 2004, from University of Phoenix, Resource, MGT/434-Employment Law Web site: https://mycampus.phoenix.edu/secure/
..., (21 and over). The Employment Rights Act of 1996 has included benefits UK’s citizens with four weeks paid yearly leave, sick pay, maternity and father leave. All employees are legally entitled to 5.6 weeks paid holiday time per year. All employers are responsible of their employee’s health and safety care. Adults are limited to 48 hours per week of work. Direct/indirect discrimination or harassment is not tolerated as well as favoritism. Age, disability, sexual orientation, race, religion, etc. are all factors. The UK is in progress for a plan of terminations.
will get paid for their work or labour. It is known to be one of the most common work forms in the
The theory holds work to be governed by a wide range of formal and informal rules and regulations, which cover everything from recruitment, holidays, performance, wages, hours, and a myriad of other details of employment. It asserts that these rules are what industrial actors try to determine, that their establishment is influenced by the wider environmental context in which the actors operate, and that the actors themselves share an interest in maintaining the processes of negotiation and conflict resolution. On the back of these assertions four elements are held to make up the system of industrial relations rule-making. The first is industrial actors, which consists of employers and their representatives (i.e., employer associations), employees and their representatives (i.e., trade unions), and external agencies with an interest in industrial relations (i.e., government departments and labour courts). The second is the environmental context, which
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.