...A breach of an employment contract can occur where the parties to a contract fail to perform, precisely and exactly their obligation under the contract. A breach of contract by either party entitles the other party to either accept the breach or sue for damages, or to reject it and sue for specific performance. There are different types of breach of contract that can occur, according to M.R. Freedland. one type is the anticipatory Breach which was particularly developed in relation to the contract of employment to give immediate remedy to the employer for an anticipatory repudiation by the employee and occurs when a party to a contract repudiates his/her obligations under that contract before fully performing those obligations. The recognition of this type of breach occurred in Hochster v De la tour (1853)2 E&B 678 where it was held that the plaintiff, who was engaged by the defendant for three months service as a courier and notified before the engagement begun that that he would not be required, had an immediate action for damages for anticipatory wrongful dismissal, without the necessity to wait for the date on which the service should have begun. M.R. Freedland(1976) The possible remedies one can obtain in Litigation may include the following: Damages - According to M.R Freedland (1976) the remedy for damages for wrongful dismissal or breach of contract of employment is the most important remedy given by the common law, or by the rule of equity for the protection of...
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...Essay Topic: Critically explain and discuss the meaning of international labour law and explore through a rights-based approach the extent of individual rights employment law legislation in CARICOM states. 1|P ag e What is labour law? Before understanding international labour law one must first understand what is labour Law. Simply put by Eaton (2005: p. 109) Labour Law is that part of law that deals with individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the Industrial...
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...Dr. Iragaravarapu Sridhar CCBMDO Batch: 09 Perspectives of Law and Business Assignment December 16, 2012 CORPORATE COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor...
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...COMPLIANCE OF LABOUR LAWS INDEX PAGE No Cover Page with Contents 1 Introduction 2 Conceptual Discussions 3 Implementation of Labour Laws 6 Labour Laws Prevailing in Other Countries 26 Data Analysis & Interpretation 32 Conclusion & Recommendation 38 Bibliography 40 Chapter – 1 INTRODUCTION 1. Labour law also known as employment law is a body of laws, administrative rulings and precedents which address the legal rights of, and restrictions on, working people and their organisations. It mediates many aspects of the relationship between trade unions, employers and employees. In brief, Labour law defines the rights and obligations as workers, union members and employers in the workplace. Generally Labour law covers:- (a) Industrial Relations – Certification of Unions, Labour-management relations, collective bargaining and unfair labour practices (b) Workplace health and safety (c) Employment standards, including general holidays, annual leave, working hours, unfair dismissal, minimum wage, layoff procedures and severance pay. 2. There are two broad categories of Labour law. First, collective labour law relating to the tripartite relationship between employee, employer and union. Second, individual labour law concerning employees’ rights at work and through contract of work. 3. Once an investor sets-up a business in India, whether a liaison office, project office, branch or company, that business needs to comply with Indian regulations and Labour law...
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...Labor law Rajitha Silva MBA (AUS), PG Dip.(UK), BBA (COL) grpriyankara@gmail.com By 1 What is Law ? • The Law may be defined as the body of rules which spells out the rights an duties of the various sectors in any society. • Examples of Laws – – – – – – – Criminal Law Land Law Family Law Administrative Law Banking Law Intellectual Property Law Labour Law 2 Branches of Government Legislature Parliament of Sri Lanka President and the Cabinet of Ministers Courts Makes laws Executive Implements the laws Interprets the laws Judiciary 3 Labour Law • Governs and Regulates the Relationship of Employer [Master] and Employee [Servant] Labour Law = Employment Law = Law relating to Master and Servant Employment = Employer + Employee 10-Jun-14 4 History of Labor Law of Sri Lanka • • • • • • • • • • • 1815 - Captured by British, 1823 - Started Estates Immigrant workers, Wage Labour Newly emerged working class, Unskilled, born to work Ordinance No 5 of 1841 – Contract for hire and service Ordinance No 14 of 1872 – Medical and Health Care Ordinance No 13 of 1889 – Estate Labour (indian) Ordinance No 1 of 1923 – Indian Immigrant Labour Ordinance No 27 of 1927 – The Minimum Wage 5 Ministry of Labour – History in Brief • • • • • • • • • 1931 – Ministry of Labour, Industries & Commerce 1947 – Ministry of Labour and Social Service 1952 – Ministry of Labour 1956 – Ministry of Labour Housing & Social Service 1959 - Ministry of Labour 1960 -...
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...“CHILD LABOUR IN INDIA- ISSUES AND RESPONSES” By Mr. Sandip B. Satbhai (Asst. Prof.) CHILD LABOUR IN INDIA- ISSUES AND RESPONSES “A Child is a father of the Man” -William Wordsworth1. Introduction: We can easily recognize the importance of the Child. The above statement has wide scope for interpretation. Child is very important for the development of the society at large. The development of the Nation is exclusively based on the status of the Child. It is also true that this is one of the vulnerable groups in the society. We can also further add that Children are the Assets of the Nation. Children plays very significant role in the Nation building. All these make obligatory on everyone to protect and provide various safeguards to the children. It is our prime duty to provide care and protection towards children as they are innocent. For the progress of the community at large we need to pay attention towards education of children. In reality there are various social evils with children; one of them is Child Labour. The Child Labour system is in existence in developing and underdeveloped counties. As per the information available, India is one of the Countries where in large number of children below the age of 14 years working in various organizations. If there is no proper distribution of work among the member of the society then children automatically forced to do work for their survival. Unemployment of adult members of the particular family results into Child Labour. In any...
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...THE LABOUR LAW CHAPTER ONE: GENERAL DEFINITIONS AND PRINCIPLES Article 1: All employers, workers, workshops and production, industrial, services and agricultural institutes shall be obligated to observe the provisions of this Law. Article 2: For the purpose of this Law, a worker is one who works in any capacity against receipt of remuneration including wages, salary, share of profit, and other benefits at the request of the employer. Article 3: An Employer is a natural person or a juridical entity at whose request and account a worker works against receipt of remuneration. The directors, officials and in general, all those individuals who are assigned with the task of administering workshops shall be deemed to be representatives of the employer. An employer shall be responsible for all commitments made by the said representatives towards workers. Should the employer’s representative undertake any commitment outside the scope of his powers and such commitments shall not be acceptable to the employer, he will be responsible towards the employer. Article 4:Workshop is a place like industrial, agricultural, mining, construction, transportation, passenger transport, services, commercial and production institutes, public premises and their likes, where the worker in which performs his work at the request of the employer or his representative. All facilities, belonging to a workshop such as prayer-room, canteen, cooperative shop, nursery, kindergarten, clinic, bath, vocational training...
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...ISBN 978-92-64-04632-0 OECD Employment Outlook © OECD 2008 Chapter 3 The Price of Prejudice: Labour Market Discrimination on the Grounds of Gender and Ethnicity Despite some progress, there is still evidence of discrimination on the grounds of gender and ethnic or racial origins in OECD labour markets. Field experiments show pervasive ethnic discrimination in many countries. Indirect evidence shows that on average at least 8% of the gender employment gap and a larger proportion of the gender wage gap can be attributed to discrimination. Virtually all OECD countries have enacted anti-discrimination laws in recent decades, and evaluations as well as cross-country analysis suggest that, if well-designed, these laws can be effective in reducing disparities in labour market outcomes. However, enforcement of antidiscrimination legislation is essentially based on victims’ willingness to claim their rights. Thus, public awareness of legal rules and their expected consequences (notably, victims’ costs and benefits of lodging complaints) is a crucial element of an effective policy strategy to establish a culture of equal treatment. Moreover, legal rules are likely to have more impact if the enforcement is not exclusively dependent on individuals. In this respect, specific agencies may play a key role. 139 3. THE PRICE OF PREJUDICE: LABOUR MARKET DISCRIMINATION ON THE GROUNDS OF GENDER AND ETHNICITY Introduction Employment outcomes are far from being evenly distributed...
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...What are the four legal means that affect employment practices in Canada? Identify and briefly describe each one. (20 marks) The four legal means that affect employment practices in Canada are: 1. Constitutional law. 2. Human rights legislation. 3. Employment equity legislation. 4. Labour law, employment standard and related legislation. Constitutional law: Constitutional law is the core of supreme law of Canada that incorporates all written act, statutory rules and the rules of common law. It also includes conventions which are derived from British constitutional history [1]. “All law in Canada come into force on a dispute between private person and the branch of government fall under this constitution.” [2] According to textbook, Employment law sometimes refers a section of constitution which describes (section 15, Canadian Charter of Rights and Freedom) the principle of equality right. Practically, constitutional law does not have any direct impact on recruitment and selection process but has an indirect impact for setting limits and conditions of federal/provincial/territorial employment practices. Human rights Legislation: All province and territory including federal government, established a human rights act or code to prohibit discrimination in employment. The Canadian Human Rights Act has established in 1977, by the federal government. The goal of this act is to establish equal opportunity for those who could be the victim of discriminatory practices based on...
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...LABOUR LAWS IN INDIA Index Particulars 1. Introduction a) History of Labour law 3 5 6 6 8 9 27 Page No. b) Evolution of Labour law in India c) Purpose of Labour Legislations d) Constitutional provisions with regard to labour laws e) 2. 3. 4. Labour Policy of India List of Labour laws in India Classification of labour laws in India Overview of important labour laws in India a) Apprentices Act, 1961 29 36 51 of 55 b) Employees State Insurance Act, 1948 c) Employees Provident Fund And Misc. Provisions Act, 1952 Employment Exchanges (Compulsory Notification d) The Vacancies) Act, 1959 e) f) g) Factories Act, 1948 Industrial Disputes Act, 1947 Labour Laws (Exemption From Furnishing Returns & Maintaining Registers By Certain Establishments) Act, 1988 h) Payment of Bonus Act, 1965 i) j) Payment of Gratuity Act, 1972 Workmen’s Compensation Act, 1923 83 87 91 58 74 80 1 k) l) The Trade Unions Act, 1926 Shops and Establishment Act, 1954 97 101 104 118 129 132 135 144 147 151 157 172 177 179 180 186 190 m) Laws related to wages n) Laws related to child labour o) Law related to contract labour p) Maternity Benefit Act, 1961 5. 6. 7. 8. 9. Checklist of labour law compliance Unfair labour practice Labour laws in the unorganized sector Women labour and the Law Industrial relations 10. Special points to be noted while drafting Employment Agreement 11. Important case laws under various labour legislations 12. Important organizations 13. Authorities under...
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...distinctive approach to employment management which seeks to achieve competitive advantage through the strategic development of a highly committed and capable workforce using an integrated array of cultural, structural and personnel techniques (Storey, 2001). Beer et al, (1984) defined HRM as a strategic approach to the management of human resources that involves all management decisions and actions that affect the relationship between the organisation and employees. John Storey (1987) believes that HRM can be regarded as a ‘set of interrelated policies with an ideological and philosophical underpinning’. He suggests four aspects that constitute the meaningful version of HRM: 1. a particular constellation of beliefs and assumptions; 2. a strategic thrust informing decisions about people management; 3. the central involvement of line managers; 4. Reliance upon a set of ‘levers’ to shape the employment relationship. In today's litigious workplace environment, being on top of legal issues that directly affect individual employees and organization is critical to the success of the HR profession. In this study, we will critically analyze and evaluate legal issues as it affects the functions of HRM in Nigeria and USA. LEGAL ISSUES AND HUMAN RESOURCES MANAGEMENT IN THE USA In the USA, some laws regulate various aspects of employee-employer relations. These laws, which are relatively stable, facilitate the work of HR managers. Examples are: 1. The Equal Employment Opportunity Act of...
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...Multinationals and their impact on Labour Scene 28 October, 2012 Multinationals and their impact on Labour Scene Table of Contents 1. BACKGROUND ........................................................................................................................... 2 2. PRE AND POST LIBERALIZATION ............................................................................................... 3 3. INDIAN LABOUR LAWS ............................................................................................................. 4 4. PRESENT SCENARIO OF LABOUR AND MNCs IN INDIA ........................................................... 8 5. PERCEPTION OF LABOUR ABOUT MNCs ................................................................................ 10 6. RECOMMENDATIONS .............................................................................................................. 11 7. INTERVIEW WITH INDUSTRY EXPERTS ................................................................................... 13 8. BIBLOGRAPHY.......................................................................................................................... 15 MDI-PGPM-HRM-Term-II Page 1 Multinationals and their impact on Labour Scene BACKGROUND India was predominantly an agricultural economy till Independence in 1947. Even after Independence, the First Five-Year Plan (1951 —56) laid emphasis on agriculture. With the Second FiveYear Plan (1956 — 61) there was a shift towards heavy...
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...the contemporary Labour law trend & practices apply. The origins of labour law can be traced back to the remote past and the most varied parts of the world. While European writers often attach importance to the guilds and apprenticeship systems of the medieval world, some Asian scholars have identified labour standards as far back as the Laws of Hammurabi and rules for labour-management relations in the Laws of Manu; Latin American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. None of these can be regarded as more than anticipations, with only limited influence on subsequent developments. Labour law as it is known today is essentially the child of successive industrial from the 18th century onward. It became necessary when customary restraints and the intimacy of employment relationships in small communities ceased to provide adequate protection against the abuses incidental to new forms of mining and manufacture on a rapidly increasing scale at precisely the time when the 18th-century Enlightenment, the French Revolution, and the political forces that they set in motion were creating the elements of the modern social conscience. It developed rather slowly, chiefly in the more industrialized countries of Western Europe, during the 19th century and attained its present importance, relative maturity, and worldwide acceptance only during the 20th century. The first landmark of modern labour law was the British...
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...BANGLADESH LABOUR LAW 2006-(RMG SECTOR) Table of Contents Page No. PART 1: WORKING CONDITIONS ..........................................................................................1 1.1 WAGES...............................................................................................................................4 1.1.1 Definition ................................................................................................................. 4 1.1.2 Persons responsible for the payment of wages ........................................................ 5 1.1.3 Fixation of wage periods and time of payment of wages ......................................... 5 1.1.4 Deductions from the wages ...................................................................................... 6 1.1.5 Grievance procedure in case of illegal deductions or delay in payment ................. 6 1.2 WORKING HOURS AND LEAVES ...............................................................................8 1.2.1 Daily hours............................................................................................................... 8 1.2.2 Interval for rest and meal* ...................................................................................... 8 1.2.3 Weekly hours** ........................................................................................................ 8 1.2.4 Weekly Holiday*** ...............................................................................................
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...right to food in a country where approximately thirty percent of the population is below the poverty line and the only economic assets it owns is labor power, value-adding profitable employment is very important. NREGA The National Rural Employment Guarantee Act (5th September 2005), according to the Legislative Department of the Ministry of Law and Justice – ‘An Act to provide for the enhancement of livelihood security of the households in rural areas of the country by providing at least one hundred days of guaranteed wage employment in every financial year to every household whose adult members volunteer to do unskilled manual work and for matters connected therewith or incidental thereto’. The Panchayat or program officer validates applications at the village level, and the government provides a valid applicant with an employment within five kilometers and fifteen days. NREGA, UPA’s brainchild, started in two hundred districts in February 2006, spread across the country in two and a half years and now to over six hundred and twenty six districts. This was aimed towards benefitting the Indian economy and society where more than nine percent of the total labor force was unemployed. NREGA was brought into existence with an aim of - * Reducing unemployment in India by augmenting wage employment * Equally improving the purchasing power...
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