Labour Law: Definition and Purpose

Study Notes

Definition and Purpose

Labour law, also known as employment law, is a body of laws, regulations, and precedents that govern the relationship between employers and employees
Its purpose is to protect the rights of employees, promote fair labour practices, and regulate the employment relationship

Sources of Labour Law

Statutory law: enacted by legislative bodies, e.g. Labour Codes, Acts, and Regulations
Common law: judge-made law, based on court decisions and precedents
Collective agreements: negotiated between employers and trade unions
International labour standards: set by organizations like the International Labour Organization (ILO)

Key Concepts

Employment contract: a mutually binding agreement between an employer and employee, outlining terms and conditions of employment
Terms and conditions: including wages, hours of work, leave, and job security
Employer's duties: obligations to provide a safe work environment, prevent discrimination, and comply with labour laws
Employee's duties: obligations to perform work duties, follow employer's instructions, and maintain confidentiality

Employment Rights

Freedom from discrimination: protection against discrimination based on race, gender, age, etc.
Right to fair wages: entitlement to minimum wage, equal pay, and fair compensation
Right to safe work environment: protection from hazardous working conditions and occupational health risks
Right to unionize and collective bargaining: freedom to form trade unions and engage in collective bargaining

Types of Employment

Full-time employment: regular, ongoing employment with set hours and benefits
Part-time employment: less than full-time hours, with varying benefits
Temporary or casual employment: limited-duration employment, often without benefits
Contract employment: fixed-term employment, often with specific duties and responsibilities

Termination of Employment

Just cause: termination due to employee misconduct, poor performance, or breach of contract
Unjust dismissal: termination without just cause, potentially leading to legal action
Notice periods: required notice periods before termination, varying by jurisdiction and employment type

Labour Disputes and Resolution

Grievance procedures: internal processes for resolving workplace disputes and complaints
Arbitration: neutral, third-party resolution of labour disputes
Labour tribunals: specialized courts or bodies for resolving labour disputes and enforcing labour laws

Definition and Purpose of Labour Law

Labour law is a body of laws, regulations, and precedents governing the relationship between employers and employees
Its purpose is to protect employees' rights, promote fair labour practices, and regulate the employment relationship

Sources of Labour Law

Statutory law: enacted by legislative bodies, such as Labour Codes, Acts, and Regulations
Common law: judge-made law based on court decisions and precedents
Collective agreements: negotiated between employers and trade unions
International labour standards: set by organizations like the International Labour Organization (ILO)

Employment Contract and Terms

An employment contract is a mutually binding agreement between an employer and employee, outlining terms and conditions of employment
Terms and conditions include wages, hours of work, leave, and job security

Employer and Employee Duties

Employer's duties: provide a safe work environment, prevent discrimination, and comply with labour laws
Employee's duties: perform work duties, follow employer's instructions, and maintain confidentiality

Employment Rights

Freedom from discrimination: protection against discrimination based on race, gender, age, etc.
Right to fair wages: entitlement to minimum wage, equal pay, and fair compensation
Right to safe work environment: protection from hazardous working conditions and occupational health risks
Right to unionize and collective bargaining: freedom to form trade unions and engage in collective bargaining

Types of Employment

Full-time employment: regular, ongoing employment with set hours and benefits
Part-time employment: less than full-time hours, with varying benefits
Temporary or casual employment: limited-duration employment, often without benefits
Contract employment: fixed-term employment, often with specific duties and responsibilities

Termination of Employment

Just cause: termination due to employee misconduct, poor performance, or breach of contract
Unjust dismissal: termination without just cause, potentially leading to legal action
Notice periods: required notice periods before termination, varying by jurisdiction and employment type

Labour Disputes and Resolution

Grievance procedures: internal processes for resolving workplace disputes and complaints
Arbitration: neutral, third-party resolution of labour disputes
Labour tribunals: specialized courts or bodies for resolving labour disputes and enforcing labour laws

Description

This quiz covers the definition, purpose, and sources of labour law, including statutory law and common law. It aims to test your understanding of the employment relationship and fair labour practices.