Employment is a contract between two parties

8/7/2019 Employment is a contract between two parties

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relationship between a corporation and its employees is usually handled through the human resources department, which handles theincorporation and onboarding of new hires, and the disbursement of any benefits which the employee may be entitled, or any

grievance

[edit] Organizing

Employees can organize into trade unions or labor unions, who represent most of the available work force in a single organization.They utilize their representative power to collectively bargain with the management of companies in order to advance concerns and

demands of their membership.

[edit] Ending employment

An offer of employment, however, does not guarantee employment for any length of time and each party may terminate therelationship at any time. This is referred to as at-will employment. In some professions it is customary to offer two weeks notice when

resigning for a job, but that may not be legally enforceable.[1]

[edit] Employment contract

[edit] Australia

In Australia there is the controversial Australian Workplace Agreement. In March 2008 a bill was passed in the Austons for workers to

be transferred from AWAs into intermediate agreements[2]

[edit] Canada

In the Canadianprovince ofOntario, formal complaints can be brought to the Ministry of Labour (Ontario). In the province of

Quebec, grievances can be filed with the Commission des normes du travail.

[edit] Pakistan

Pakistan has Contract Labour, Minimum Wage and Provident Funds Acts. Contract labour in Pakistan must be paid minimum wageand certain facilities are to be provided to labour. However, a lot of work has yet to be done to fully implement the Acts.


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[edit] India

India has Contract Labour, Minimum Wage and Provident Funds Acts. Contract labour in India must be paid minimum wage andcertain facilities are to be provided to labour. However, a lot of work has yet to be done to fully implement the Act.

[edit] Philippines

In the Philippines, Private employment is regulated under the Labor Code of the Philippines by the Department of Labor and

Employment.

[edit] United States

In the United States, the standard employment relationship is considered to be at-will meaning that the employer and employee areboth free to terminate the employment at any time and for any cause, or for no cause at all. However, if a termination of employment[3]

by the employer is deemed unjust by the employee, there can be legal recourse to challenge such a termination. Unjust terminationmay include termination due to discrimination because of an individual's race, national origin, sex or gender, pregnancy, age, physical

or mental disability, religion, or military status. Additional protections apply in some states, for instance in California unjust

termination reasons include marital status, ancestry, sexual orientation or medical condition. Despite whatever agreement an employermakes with an employee for the employee's wages, an employee is entitled to certain minimum wages set by the federal government.The states may set their own minimum wage that is higher than the federal government's to ensure a higherstandard of living orliving

wage for their residents. Under the Equal Pay Act of 1963 an employer may not give different wages based on sex alone.[4]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have

matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case ofBrown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose ofdiscrimination laws if they work

for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[5]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Departmentof Labor.

Trade Unions in the United States


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In unionized work environments in particular, employees who are receiving discipline, up to and including termination of employmentcan ask for assistance by theirshop steward to advocate on behalf of the employee. If an informal negotiation between the shop

steward and the company does not resolve the issue, the shop steward may file a grievance, which can result in a resolution within thecompany, ormediation orarbitration, which are typically funded equally both by the union and the company.

[edit] Sweden

According to Swedish law there are three types of employments.

y The employer hires a person for a test period of max 6 months. The employment can be ended at any time without giving anyreason. This type of employment can be offered only once per employer and employee. Usually a time limited or normalemployment is offered after a test employment.

y Time limited employment. The employer hires a person for a specified time. Usually they are extended for a new period.y Normal employment, which has no time limit (except for retirement etc.).

There are no laws about minimum salary in Sweden. Instead there are agreements between employer organisations and trade unionsabout minimum salaries, and other employment conditions.

[edit] Culture and social considerations

Ideological shifts in demographic eras:

This section does not cite any references or sources.Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (June 2009)

The examples and perspective in this section may not represent a worldwide view of the subject. Please improve thisarticle and discuss the issue on the talk page. (July 2010)

[edit] The Depression era

The Depression placed great emphasis on work when it was so scarce that to not work literally meant to starve. Families were

separated as men went looking for work wherever it could be found, whatever it was, no matter how menial. Life expectancy in the


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1930s was also not as long as the current (2008) expectancies, so the option for a family to "move back in with parents" wasn'tworthwhile, as parents either weren't alive, or didn't have the investment environment to have had a "nest egg" to depend on.

[edit] World War II

World War II dramatically flipped the supply and demand of both work and labour. Manufacturing of war supplies created plenty of

work, but the absence of men due to recruitment opened the floodgates for labour demand that would be met by women and those whocould not enlist and fight.

[edit] Post World War II

In the post-World War II period, the workplace had changed as women who had reported for work during the war to replace the menwho had gone overseas to fight remained in the workplace to a significant extent. While the demand for manufacturing wasn't as high

once the war ended, the new optimism and new social phenomena including urban sprawl created new demands for supply that wouldcreate new jobs in road-building, real estate development, etc. Work remained high in social value.

[edit] Babyboom competition

As the baby boomers left school and started working in the 1970s, the oil crisis and economic lag slowed their engagement inconsumerism. As the 1980s dawned, the largest generation were now in their peak employment years, peaking in terms of income, and

were now fully engaged in buying, whether homes, or vehicles, or investments for the future.

The sheer number of people in the workforce during this period created heightened competition for work, so that corporations whosupplied jobs could be increasingly selective and demanding, and workers would do more and more to keep the job they had. As such,

commitment to work became sacrificial, as having a good job and the social status it provided became all-consuming for many. This

was the era marked most significantly by the standard introduction of "so, what do you do?"

[edit] Baby bust and echo

The baby bust generation, orGeneration X, is the smallest of the last 50 years. As baby boomers retire, there are not as many workersto replace them, so corporations have had to become more accommodating in order to attract the best from this cohort, who have

enjoyed less competition and more flexibility than previous generations. Terms like "work life balance", "telecommuting and work


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[edit] Work as an economic component

Capitalism demarcates "work" as something that is supplied by "owners" and demanded by "non owners" to a great degree. In thisviewpoint, the risk associated with owning and operating a business is seen as fairly rewarding the risk-taker with the lion's share of

profits, even though in reality the lion's share of the "work" to provide the good or service is provided at the worker level. Unsafe andunfair work conditions and a lack of profit-share are among the key factors that contributed to the establishment of unions.

Unions The purpose of a union is a written contract between the employer and the employee, specifying the rights and duties of each.

Prior to the existence of unions, very few labor contracts existed, allowing the employer to re-define the job any time, occasionally tothe detriment of the employee.

In the purest sense, a union leverages the collective strength of a group of workers to force owners and management to increase their

compensation.

Opponents of capitalism, such as Marxists oppose the capitalist employment system, considering it to be unfair that the people who

contribute the majority of work to an organization, regardless of their level of financial risk, do not receive a proportionate share of the

profit and that full employment is rarely reached under capitalism.

[edit] Other "isms"

Marxist communism reorders the hierarchy to suggest that all citizens of a society, regardless of individual differences, are equal

owners and are thus entitled to equal share of the wealth of the society.

[edit] Value of labor

The value of work is also informed by the economic system in which it functions.

Capitalism allows, or purports to allow, the marketplace to determine the value of a good or service based on demand, rather than

impose a value on a good or service. In a communistic environment, the state determines the value a job may have, and may also openor close avenues to those jobs, creating less of a sense of freedom as to who may occupy those jobs.


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[edit] Globalization and employment relations

The balance of economic efficiency and social equity is the ultimate debate in the field ofemployment relations.[11] By meeting theneeds of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the

employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be acontinuous revolving issue in westernized societies.

Globalization has effected these issues by creating certain economic factors that disallow or allow various employment issues.Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect

employment relations:

1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wagedisparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the

manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrializednations, towards low-waged countries.

2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job lossesin un-competitive industries outstrip job opportunities in new industries.

3. Workers will be forced to accept worsening wages and conditions, as a global labour market results in a race to the bottom.Increased international competition creates a pressure to reduce the wages and conditions of workers.

4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulateeconomic activity is reduced.

What also results from Lees (1996) findings is that in industrialized countries an average of almost 70 per cent of workers areemployed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more

skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of

employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labourforce, that are growing in non standard forms of employment (Markey, R. et al. 2006).

Employment is a contract between two parties

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