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Labor law Assignment Help
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Labor law covers the rules and regulations which are implemented in the factory, in any organization or in any industries. It is the mediator between the employer, employees, government and trade unions. The collective labor law creates the tripartite relationship between the employer, employee and trade union. But labor law is concerned with the employee’s right at the workplace, compensation and contract of employment. This law states the standard of norms which has to be fulfilled by the employee and employer. These terms and conditions are laid down for the employees and employers. It helps in resolving the disputes of the labor in the industrial sector. It provides the proper norms and regulation through the industry has to be set up. Employers are always under the obligation towards their employees. They have to maintain the safe working environment at the workplace for the employees.
The need of labor law arose from the industrial revolution when the small scale industries were changed to the large industries at the large scale. The workers wanted to get better conditions in the industry and wanted to avoid the joining of the trade union. England is the first country where the first industrial revolution took place. In the 18th and early 19th century, the labor law established very slowly and various laws related to the working conditions remained the same. Child labor has been prohibited under the employment laws. In 1784 a serious outbreak of fever took place at the cotton mills which were nearby the Manchester in which use of child labor has been prohibited. Albeit Modest took the first step towards the protection of the labor and established the labor law in 1802. This act also prohibited the night shifts and also reduced the working time period, which is decreased and it is limited by the twelve working hours a day.
The working conditions of the workplace are also stated in the legislation of the labor law. Working condition should be safe from the fatal accidents which are held at the workplace. In 1860 and 1872 the provision of health and safety are stated under this. Health and safety rules and regulation are applied in every organization.
The main feature of the labor law is that it stated the rights and obligations of the employee and the employer under the contract of employment. There are various terms and condition which are covered by the legislation of the labor law. It is necessary under the labor law that an employer has to give a notice of dismissal to the employee before one month. In almost every country there is a rule that the organization has to provide the written particulars of the terms and conditions of the contract for employment to the employee. The main aim of the employment terms is that it helps the employees in knowing the terms and conditions of the organization for preventing any further dispute. This contract of employment covers the compensation, paid holiday, sick leave, rights, obligation, notice of dismissal and other description which is necessary for the employee.
The employer has to pay the minimum wage to the employee for the work which is done by the employee under his guidance. In various countries like Australia, Brazil, China, France, India, Japan, etc. pay the labor per hour minimum wage. Each country has own wage rate and minimum wage laws, but industrialized countries have the minimum wage, which has been given to the labor of the industry without any discrimination. The minimum wage laws have been implemented first in the United States in 1938, Brazil in 1940, India in 1948, and France in 1950, in the UK 1998. In 2011, there were 18 out of 28 member states which have the national minimum wage. Labor laws stated the working hours of the employee. In every country there is a specific period of working hours which is set by the legislation. Any employee who works more than the working hours, then he or she will be paid additionally. The working hours varied between the 11 and 14 hours before the industrial revolution. Then, with the growth of the industries the working hours also reached at the 16 hours per day. The working for 8 hours had been implemented first in the England in 1833.
Health and safety are one of the major problems in which organization has to set various health and safety legislation. It is the duty of the employer that they are under the obligation to the employees. They have to establish the rules and regulation for the health and safety of the employees. It is also the responsibility of the employee that they have to inform the risk which can cause the future accident in the organization. Labor is protected from the occupational diseases which can take place in the workplace which can cause serious diseases. It is one of the major concerns in the labor law. Legislation has also included the sanitation and safety provisions for protecting the individual health and safety is the most important concept for protecting the rights of the employees. All the employees are treated equally without any discrimination. It is illegal if employers treat the employee unequal and make the discrimination on the basis of the sex, caste, religion; race, etc. It’s unacceptable under the law that any person is discriminated due to any reason. Labor law states the rules related to the discrimination on which the employees are discriminated. It is the duty of the employer that this type of practice should be prohibited in the organization for protecting the interest of the employee.