Labor Law

Employment practices of organizations in the United States are regulated at federal and state levels. The human resource process is impacted by regulatory requirements in the workplace. Legal and social regulations are crucial when managing the workforce or future supplies for labor in the workplace.

The Employment Act 2002 (Dispute Resolution) Regulations 2004 provide that all employers must have a standard three-step procedure dealing with both

All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of Employment1

Employment law encompasses remedies that address employee grievances and discrimination that occur in the workplace environment. The foundation of this system is the United States Constitution, which provides two sources of laws and regulations. These two sources are individual state constitutions and the national constitution. Under this system of federalism, there is also the Bill of Rights, which provides the origins of the majority of employment law. The most widely known document is Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et.seq.) The judicial, executive, and legislative branches of the government of the United States create and enforce rules and regulations as promulgated by the constitution. Individuals

This involves knowing about the laws relating to you and your employers responsibilities and rights in the work place.

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for collective bargaining or other mutual aid and protection”.

Employment legislation exists to protect both Employee and Employer and must be adhered to at all times. Legislation assists in regulating the relationship between Employers and Employees in order to ensure that abuse does not take place. It gives the employee a sense of security, and ensures we receive all the benefits we are entitled to.

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.

However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain employment matters still have to be tackled in the civil courts.

The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).

Employment legislation means, a body of laws that control the relationships between employers and employees. These laws are designed to protect workers. Employee legislation covers job responsibilities, salary, paid holidays and Employee terminations etc. Employee termination means end the employee relationship from employer. In ABC Company, employer has rights to terminate the employment of an employee but the human resource department makes sure that the employer has complied with employment and labor laws in making the decision to terminate the employee. It ensures worker's rights are protected during the termination process and ABC Companys Human resource departments duty to explain to employee the reasone for the termination. If worker is terminated due to misconduct, harassment, if their performance not meet the standards or other reasones human resource department explain about why the employees actions are breaking companies policie. These process are not followed by the previous HR

The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees

Over time, both the volume and complexity of employment law that originates in the EU has grown considerably.

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.