Labour Law In United States

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Labour Law in United States



Abstract

The labor law is the set of legal rules governing the employment relationship between the employer and the worker, the manner in which the work performance and labor relations. The labor law is a very wide and ever-changing. Some topics are covered in specific legal disciplines such as labor relations and the subject of trade union rights, social insurance and social security systems are subject to the right of pension and social security (Schmidt et al, 2009). The labor law is generally divided into the following branches of law:

Labor law in the strict sense. Labor law in the strict sense governs the employment contract and the individual employment relationships. It 'also known as private law work.

Right to organize. The right of association governing the creation of trade unions, the relationship between trade unions and other social partners, the right to strike and collective bargaining.

Public law work. Public law work includes the legal rules governing the relationship between the social partners (workers, employers) and the State in matters of social security. The right of the public work is social legislation.

The employee contracts are a significant aspect of the labor laws. Every employer is required by law (Basic Conditions of Employment Act - section 29) to provide the employee with a written contract of employment not later that the first day of commencement of employment (CIHON, 2010). However, there are several organizations that do not provide their employees with the employement contracts as they think that by not providing a written document they will be able to get away with unfair treatments and unfair dismissals.

Labour Law in United States

Introduction

Labor law contains rights and obligations of workers and employers. All systems of labor law evolved from exclusively individual contractual regulation of labor (up to 19.) For legislative intervention in the free contractual relationship, the implementation of collective bargaining relationships emerged as a result of the strike movement. Currently, any national system of labor law consists of a particular combination of three main elements: individual employment contracts, collective agreements and legislative regulation. An important role is also played by the international treaties of, above all, the International Labour Organization (ILO). Employment law is a body of law, administrative decisions and case law, the rights and obligations of employers, employees and organizations (Estreicher & Eigen, 2011). As such, it regulates labor relations between trade unions, employers and employees. The labor movement has played a key role in making laws for the protection of labor rights in the 19th and 20th centuries. Since the industrial revolution, labor rights are an integral part of the socio-economic development. The emergence of labor law was a result of working class struggle for better working conditions, obtaining the right of association and the requirements of employers to restrict the powers of workers', to prevent the increase in labor costs (Goldman & Corrada, 2011). Employers' costs may be increased due to the appreciation of the requirements of organizations to increase wages, as well ...
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