Law Schools » Areas of Law » Labour Law

Labour Law

Labour law

It is the body of laws, administrative rulings, and guides which address the legal rights of, and limits on, working people and their organizations. The object of labor laws is to equalize the bargaining power between employers and employees.

The laws principally deal with the relationship between employers and unions. Labour laws grant employees the right to unionize and permit employers and employees to compromise in certain actions (e.g. strikes, picketing, seeking injunctions and lockouts) so as to have their demands satisfied.

Employment laws in Canada are associated to unionized workplaces are distinguished from those involving to particular individuals. However, in most countries, no such difference is made. However, there are two wide categories of labor law. First, collective labor law relates to the tripartite association between employee, employer and union (trade unions, strikes, pickets, workplace involvement and co-determination).

Second, individual labor law involves employees' rights at work and during the contract for work (contract of employment, minimum wage, working time, health and safety, anti-discrimination, unfair dismissal and child labor). The labor movement has been influential in the enacting of laws shielding labor rights in the 19th and 20th centuries. Labor rights have been fundamental to the social and economic advance since the industrial revolution.

The branch of labor law is governed by federal law, state law and judicial decisions. It is also managed by regulations and decisions of administrative agencies. States are preempted from interfere with federal legislative law or with the guidelines promulgated by agencies recognized under federal law or by the U.S. Constitution.

International labor law

The preoccupations of workers and those who consider that labor rights are important, is that in a globalizing economy, common social principles ought to support economic growth in universal markets. However, there is nothing in the mode of international enforcement of labor rights, with the exception of labor law within the European Union.

At the Doha about of deal discussion during the World Trade Organization one of the things for discussion was the insertion of some kind of minimum standard of worker defense. The principal question is whether, with the breaking down of deal barriers in the international economy, while this can advantage clients it can also make the skill of multinational companies to negotiate down remuneration costs even greater, in wealthier Western countries and developing nations similarly.

The skill of corporations to transfer their provide chains from one country to another with relative ease could be the starting gun for a "regulatory race to the bottom", whereby nation states are obligatory into a pitiless downward spiral, not only slashing duty rates and public services with it but also laws that in the short term cost employers money.

Countries are obligatory to pursue suit, because should they not foreign investment will dry up, move places with lower "burdens" and depart more people unemployed and poor. This argument is by no means recognized. The opposite analysis suggests that free competition for capital investment between dissimilar countries increases the dynamic efficiency of the market place.
  • International Labour Organization

    The International Labour Organization (ILO), whose head office are in Geneva, is one of the oldest existing international bodies, and the only existing international body set up at the time of the League of Nations subsequent the First World War. Its guiding standard is that "labour is not a commodity" to be traded in the similar way as goods, services or capital, and that human dignity requires impartiality of treatment and equality in dealing within the workplace.

  • European labor law

    The European Working Time Directive restricted the maximum duration of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. This is an implement which needs associate states to enact its requirements in national legislation. Though the directive applies to all member states, in the UK it is probable to "opt out" of the 48 hour working week in order to work longer hours. In contrast, France has passed more severe legislation, restrictive the maximum working week to 35 hours (but elective hours are still possible). The controversial Directive on services in the internal market (aka "Bolkestein Directive") was then approved in 2006.