British Employment Law
Autor: Alex Mercer • November 10, 2015 • Term Paper • 2,883 Words (12 Pages) • 964 Views
British Employment Law
Employment Law History
The Civil Rights Act of 1964 is a key factor in employment law. When the legislation passed in 1964, it eliminated racial segregation amongst many things and spawned the creation of the Equal Employment Opportunity Commission (EEOC). The EEOC is an essential part of employment law. Throughout its existence, the Commission has focused on one simply stated mission: the elimination of illegal discrimination from the workplace.
The law can be tricky business, and labor laws are no exception. Complying with Government regulations does not necessarily mean you are complying with those instituted at the state level, nor vice versa. Most states default to the Government wage and hour regulations, but several states have their own set of provisions. When state regulations differ from The Fair Labor Standards Act (FLSA) regulations, employers must comply with whichever law is more generous to the employee. Although minimum government standards must be met and enforced, states are capable of making their own legal requirements as they see fit. The fundamental requirement is that these more stringent laws must be deemed constitutional to the residents of that state.
Government Labor Laws
United Kingdom labor law involves the legal relationship between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity. This includes the right to a minimum wage of £6.50 for over 21-year-olds under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 paid holidays, breaks from work, and attempts to limit excessively long working hours. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension.
Government labor laws typically deal with employer-union relationships and Government employment laws typically deal with employer-employee relationships. The terms are used interchangeably, with labor laws as the most common usage. Laws are also called statutes and regulations enforce them. The Department of Labor (DOL) enforces over 180 employment and labor laws. It also provides the resources to research employment and labor laws, such as those for, overtime, child labor, minimum wage, and family and medical leave (Government Labor Law).
Acts of Congress establishes government labor laws. Acts that are not apart of Governmental labor laws, but that do have provisions related to some aspect of employment, usually are also included. States are permitted to enact and enforce their own employment and labor laws, which include or expand the minimum protections afforded by the Government laws. The Fair Labor Standards Act of 1938(FLSA) is a landmark act where Government labor law regulates minimum wage, overtime pay, equal pay and child labor. The FLSA also prohibits employers from retaliating against employees who exercise their rights under the Act, such as reporting employer violations of the Act (whistle blowing). FMLA (Family Medical Leave Act) is another landmark Government labor law that grants qualified employees up to 12 weeks of medical leave per year to care for themselves or qualified family members, without losing their jobs or group health benefits. The Act does not require employers to pay employees while on medical leave, but some do anyway as a voluntary employee benefit (Government Labor Law).
Employment Law in the UK
The employment law in the UK is the body of law that deals with corporations created under the Companies Act 2006. Also, regulated by the Insolvency Act 1986, the Code of Corporate Governance in the UK, the directives of the European Union and court cases, the employment is the main legal vehicle for organizing and running the business. Tracing its modern history, in the late years of the Industrial Revolution, corporations now employ more people and generate more wealth in the UK economy than any other form of organization.
The UK was the first country to prepare the statutes of modern societies, where through a basic registration process can incorporate any investor, limit the liability of management to creditors in the insolvency of companies, and where to a centralized board of directors. Influential international model, the UK law, has always given people enough freedom to design the internal rules of business, provided that the mandatory minimum rights of investors under its laws are met.
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