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Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
William Gallacher was a Scottish trade unionist, activist and communist. He was one of the leading figures of the Shop Stewards' Movement in wartime Glasgow and a founding member of the Communist Party of Great Britain. He served two terms in the House of Commons as the last Communist Member of Parliament (MP).
James Reid was a Scottish trade union activist, orator, politician and journalist born in Govan, Glasgow. His role as spokesman and one of the leaders in the Upper Clyde Shipbuilders work-in between June 1971 and October 1972 attracted international recognition. He later served as Rector of the University of Glasgow and subsequently became a journalist and broadcaster. Formerly a member of the Communist Party of Great Britain, Reid was later a member of the Labour Party. He moved on to supporting the Scottish Socialist Party in the late 1990s, then joined the Scottish National Party in 2005 and gave his full support to the idea of Scottish independence. He died in 2010 after a long illness.
The GMB is a general trade union in the United Kingdom which has more than 560,000 members. Its members work in nearly all industrial sectors, in retail, security, schools, distribution, the utilities, social care, the National Health Service (NHS), ambulance service and local government.
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum set of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995.
Labour power is the capacity to do work, a key concept used by Karl Marx in his critique of capitalist political economy. Marx distinguished between the capacity to do work, i.e. labour power, and the physical act of working, i.e. labour. Labour power exists in any kind of society, but on what terms it is traded or combined with means of production to produce goods and services has historically varied greatly.
Bill Butler is a Scottish Labour Co-operative politician. He was the Member of the Scottish Parliament (MSP) for Glasgow Anniesland from a by-election in 2000 until losing his seat in the 2011 election.
A strikebreaker is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers who cross picket lines to work.
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others.
The Trade Disputes Act 1906 was an Act of the Parliament of the United Kingdom passed under the Liberal government of Sir Henry Campbell-Bannerman. The Act declared that unions could not be sued for damages incurred during a strike.
Clyde & Co is a global law firm headquartered in London, United Kingdom. The firm is one of the top 10 largest law firms in the City of London and has the largest dispute resolution practice of any UK law firm. It employs 2,600 legal professionals and 5,000 total staff. In 2022–23, Clyde & Co's revenue was £788.6 million. The firm offers services to clients in sectors such as energy, transportation, infrastructure, aviation and in particular insurance.
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996.
Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave each year to each employee with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.
Clyde Wilson Summers was an American lawyer and educator who is best known for his work in advocating more democratic procedures in labor unions. He helped write the Labor Management Reporting and Disclosure Act of 1959 and was highly influential in the field of labor law, authoring more than 150 publications on the issue of union democracy alone. He was considered the nation's leading expert on union democracy. "What Louis Brandeis was to the field of privacy law, Clyde Summers is to the field of union democracy," wrote Widener University School of Law professor Michael J. Goldberg in the summer of 2010. "Summers, like Brandeis, provided the theoretical foundation for an important new field of law."
Kamal Abbas is General Coordinator of the Center for Trade Unions and Workers Services (CTUWS), an activist group for independent unions in Egypt. Involved in activism for over 20 years, Abbas has been active in mobilizing worker support during the Egyptian Revolution of 2011 and its aftermath. His approach emphasizes peaceful strikes and rallies accompanied by demands for better wages and working conditions, as well as more regular elections for union officials, and an independent union system.
Wilsons and Clyde Coal Ltd v English [1937] UKHL 2 is a UK labour law case concerning the employer's duty to provide a safe system of work for all its employees.
McCormick v Fasken Martineau DuMoulin LLP, 2014 SCC 39 is a landmark decision of the Supreme Court of Canada in distinguishing relationships of partnership from those of employment.
References
- E McGaughey, A Casebook on Labour Law (Hart 2018) ch 3