Labour 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.
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts.
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 £9.50 for over-23-year-olds from April 2022 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.
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations.
This article gives detailed information on the employment situation in Hong Kong.
The Workplace Safety and Insurance Board (WSIB) is the workplace compensation board for provincially regulated workplaces in Ontario. As an agency of the Ontario government, the WSIB operates "at arm's length" from the Ministry of Labour, Training and Skills Development and is solely funded by employer premiums, administration fees, and investment revenue. The WSIB is one of the largest compensation boards in North America and is primarily responsible for administering and enforcing the Ontario Workplace Safety and Insurance Act (WSIA).
Truck Acts is the name given to legislation that outlaws truck systems, which are also known as "company store" systems, commonly leading to debt bondage. In England and Wales such laws date back to the 15th century.
The Industrial Disputes Act, 1947 extended to the whole of India and regulated Indian labour law so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. Enacted on 11 March 1947 and It came into force 1 April 1947. It was replaced by the Industrial Relations Code, 2020.
The Contracts of Employment Act 1963 was an Act of the Parliament of the United Kingdom which introduced the requirement to give reasonable notice before dismissal and written particulars of a contract of employment. It is widely recognised as "the first modern employment protection statute".
The Workmen's Compensation Act 1897 was a British law in operation from 1897 to 1946. Joseph Chamberlain, leader of the Liberal Unionist party and in coalition with the Conservatives, designed a plan that was enacted under the Salisbury government in 1897. The Act was a key domestic achievement. It served its social purpose at no cost to the government, since employers were required to cover medical costs of injuries on the job. It replaced the Employers' Liability Act 1880, which gave the injured worker the right to sue the employer but put the burden of proof on the employee. After 1897, injured employees had only to show that they had been injured on the job. The Act was modelled on German law, where roughly the same rights were awarded to workers in their 1884 law. However, the Workmen's Compensation Act 1897 did not require any form of risk pooling, such as insurance, on the part of the employers. As pointed out in the International Labour Organization 1935 "Report on Social Insurance", compulsory insurance was only introduced in 1934, and only for coal miners at first. The Act was replaced by an expanded scheme under the Workmen's Compensation Act 1906, whereby insurance became mandatory on the part of the employers, thus introducing the first social insurance scheme into the British case.
The History of labour law in the United Kingdom concerns the development of UK labour law, from its roots in Roman and medieval times in the British Isles up to the present. Before the Industrial Revolution and the introduction of mechanised manufacture, regulation of workplace relations was based on status, rather than contract or mediation through a system of trade unions. Serfdom was the prevailing status of the mass of people, except where artisans in towns could gain a measure of self-regulation through guilds. In 1740 save for the fly-shuttle the loom was as it had been since weaving had begun. The law of the land was, under the Act of Apprentices 1563, that wages in each district should be assessed by Justices of the Peace. From the middle of the 19th century, through Acts such as the Master and Servant Act 1867 and the Employers and Workmen Act 1875, there became growing recognition that greater protection was needed to promote the health and safety of workers, as well as preventing unfair practices in wage contracts.
The history of labour law concerns the development of labour law as a way of regulating and improving the life of people at work. In the civilisations of antiquity, the use of slave labour was widespread. Some of the maladies associated with unregulated labour were identified by Pliny as " diseases of slaves."
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.
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power. Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail.
The United Kingdom Mines and quarries regulation in 1910 was a specialised topic in UK labour law, given the complexity of the legislation and seriousness of injuries that people suffered.
The Workers' Compensation Board of British Columbia, operating as WorkSafeBC, is a statutory agency that came into existence in 1917, after the provincial legislature put into force legislation passed in 1902. This legislation is known as the Workers Compensation Act.
South African labour law regulates the relationship between employers, employees and trade unions in the Republic of South Africa.
The Inter-State Migrant Workmen Act, 1979 was an Act of the Parliament of India enacted to regulate the condition of service of inter-state labourers in Indian labour law. The Act's purpose was to protect workers whose services are requisitioned outside their native states in India. Whenever an employer faces shortage of skills among the locally available workers, the act created provision to employ better skilled workers available outside the state. The act was replaced by the Occupational Safety, Health and Working Conditions Code, 2020
The Employers' Liability Act 1880 was an act passed on 7 September 1880 by the Parliament of the United Kingdom. It enabled workers to seek compensation for injuries resulting from the negligence of a fellow employee.
