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. In this paper, I focused on the major differences between the US and EU regulations of the following labor issues: employment contracts and termination of employment; working hours; sick leave and holidays; maternity and paternity leave; discrimination; child labor; workforce restructuring; privacy protection. First things first, termination of employment and employment contracts. There are a lot of significant differences in this domain between the US and EU, but foremost is that in the United States there is no legal requirement for an explicit labor contract. Most employment is on an at-will basis, which means that either the employer or employee can terminate the employment without any prior notice at any given point of time if the reasons for this are lawful. Notably, American federal laws and the US Fair Labor Standards Act do not mandate that employers should notify their employees before termination. An employer can fire an employee for any reason other than discrimination, retaliation, defamation, breach of explicit contract or fraud. On the contrary, in... ... middle of paper ... ... to measure governmental performance around the world in meeting the needs of working families. To complete the index, data was gathered from 177 countries that represent a wide range of political, social and economic systems. Their findings revealed that 137 countries mandate paid annual leave, including 121 countries that guarantee 2 weeks or more each year. In contrast, the United States does not require employers to provide paid annual leave. In addition, at least 145 countries provide paid sick days for short- or long-term illnesses, with 136 providing a week or more annually. More than 81 countries provide sickness benefits for at least 26 weeks or until recovery. The US provides only unpaid leave for serious illnesses through the FMLA (Family and Medical Leave Act 0f 1993), which does not cover all workers. More information on this can be found in appendix.
The Industrial Revolution that took place after the Civil War made for a more economically sound country. American workers, however, were becoming more and more dependent upon their wages; a fear of unemployment also stemmed from this. Workers didn’t share in the benefits that their employers reaped. In a chart representing the hours and wages of industrial workers, from 1875 to 1891, it shows that even though their wages were subtly increasing, their 10-hour work day remained the same (Doc. A). Factories were headed by large corporations; this, in turn, meant that new machines lessened the amount of workers in certain fields. As a result of these unsuitable conditions, labor unions were formed. The challenges that these unions faced weren’t easy. If the workers involved in organized labor got too far out of line, these corporations could get federal authorities involved. Moreover, these companies could enforce “ironclad oaths” upon their employees. In a Western Union Telegraph Company employee contract, in 1883, it states that the employee will not be affiliated with any societies or organizations (Doc. E). Despite such setbacks, by 1872 there were over 32 national unions.
MacLaury, J. 1998. “A Brief History: The Department of Labor.” The United States Department of Labor.
The labor union movement over the years has shaped the way individuals work and live for both the nicest and unpleasant. Some would think the unions influence has created a power struggle between management and union leaders. In today’s time, some citizens insist the existence of unions are a must to aid in employee freedom, while others view the labor unions as just another problem in the line of progress. The purpose of labor unions was for employed workers to come together and collectively agree on fundamental workplace objectives. The rise of the union came about after the Civil War- responding to the industrial economy. Surprisingly at the least unions became popular within the 1930-50’s and began to slowly decrease, starting in the 1960’s on to today. Although, the popularity of labor unions has decreased, its importance remains to be evident with politics, journalism, auto, and the public education industries. The objective of this paper is to shine light upon labor unions, taking a closer look at the disputed issues of union ethics, concerns of union diversity, and the opposing viewpoints of labor unions.
The collective bargaining rights of the worker are disappearing at alarming rates. Data from the...
Document H: Nathan Appleton " Labor and Wealth in Europe and America," Annals of American History. Ed. Labor, Its Relations in Europe and the United States Compared, Boston, 1844.
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
In many parts of the world, labor violations are still present. Workers are forced to work in dangerous and unsafe places under harsh conditions. They work for long hours, yet receive little pay. Employees are not guaranteed protection or rights. Many
Within the past few decades, there has been a rise in the number of dual-income families. In todays world, women are expected not only to raise their children, but also earn money for their family in the workforce. Most countries ensure that pregnant women are given paid maternity leave. Only two countries do not carry this policy, Papua New Guinea and the United States (Wares). While the United States at present has the Family and Medical Leave Act of 1993, merely 60 percent of workers can receive the benefits that this law grants. The Family and Medical Leave Act offers three months of unpaid leave to workers that have amassed 12 months of tenure at a firm of 50 or more employees (Wage and Hour Division). Presently, approximately 40 percent
In this past century, American labor has played a central role in the elevation of the American standard of living. The benefits which unions have negotiated for their members are, in most cases, widespread in the eco...
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Figure 1, shows the top countries in the world for maternity leave, with all offering over 50 weeks, and Serbia and Denmark at 100% of salary. In other countries both the amount of time and percentage of salary differs, but as Amanda Peterson Beadle points out in her article for the ThinkProgress website, ‘Out of 178 nations, the U.S. is one of three that does not offer paid maternity leave benefits, let alone paid leave for fathers’. (6)
Kaufman, Lyonette, and Crompton (2010) explain that in Britain, family leave is short and offers low income replacement; while in the United States, family leave applies to some fathers and is unpaid (p. 322). After researching, Kaufman, Lyonette, and Crompton (2010) find “British fathers benefit from a policy that provided one week paid leave in the recent past and currently offers two weeks (partially) paid leave. American fathers know less about family leave policy, and even for those who are aware of FMLA, they are aware that it is unpaid” (p. 336). Research also showed that British fathers took one week of paid leave. American fathers had to deal with unpaid leave and used vacation days to take time
America is the one and only developed country that does not offer any paid maternity leave. Maternity leave is a period of absence from work granted to a mother before and after the birth of her child. In America this means twelve weeks of unpaid absence that guarantees her job when she returns. We are so far behind everyone that out of all of the countries around the world seven out of 196 including America do not have mandatory paid maternity leave. (Colorado public radio news) That is a sad figure, to think that we place having a family so high but don’t give the mothers the protection and security they deserve.
Employment Law Introduction; "To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal? " Mutual trust and confidence:- There are certain duties that an employer has to apply to its employee. This is to obtain a mutual obligation of trust and confidence between each other. A duty of cooperation is owed, if the employer doesn't show a duty of cooperation to the employee, this then can lead the employee to terminate the contract, sue or affirm the breech and continue.
Lafer, G., (2013). The Legislative attack on American wages and labor standards, 2011-13. Retrieved from https://docs.google.com/viewer?url=http://www.epi.org/files/2013/EPI-Legislative-Attack-on-American-Wages-Labor-Standards-10-31-2013.pdf&hl=en on 07/25/2014.