Labor law.

EMPLOYMENT LAW.

http://en.wikipedia.org/wiki/File:Colliery.jpg

EMPLOYMENT AND LABOR LAW.

• EMPLOYMENT LAW: It covers rights and obligations of EMPLOYERS and EMPLOYEES

• Before the employment.RECRUITING PROCESS

DURING THE EMPLOYMENT.

• At the end of the employment.

TERMINATION

• LABOUR (Br.) or LABOR (Am.) Law:

…WHEREAS LABOR LAW:

A STRIKE IN THE U.K. 1926

http://en.wikipedia.org/wiki/File:Tyldesley_miners_outside_the_Miners_Hall_during_the_1926_General_Strike.jpg

• LABOUR (Br.) or LABOR (Am.) Law:

…WHEREAS LABOR LAW:

DEALS WITH RELATIONS BETWEEN EMPLOYERS AND TRADE UNIONS.

REFERS TO NEGOTIATION, COLLECTIVE BARGAINING AND ARBITRARION PROCESS.

THESE LAWS GRANT EMPLOYEES THE RIGHT TO UNIONISE.ALSO DEALS WITH STRIKES, PICKETING, LOCKOUTS, INJUNCTION SEEKING.

EMPLOYMENT LAW IN ENGLAND AND ARGENTINA:

• ANGLO-SAXON SYSTEM

• Common law.• “Much more

freedom for both parties”.

• Employment Rights Act 1996.

• LEGAL SYSTEM OF ARGENTINA.• Civil-law jurisdiction. • XX Century: Labor movement, to

enact laws protecting labor rights. • Employment standards:

norms for the minimum socially acceptable conditions under which employees or contractors will work.

• Government agency enforces them.

• LEY DE CONTRATO DE TRABAJO 20744 (and others)


• CONTRACT OF EMPLOYMENT

• Rights and obligations are mediated through the contract of employment .

• RELATIONSHIP v. CONTRACTS.

• MINIMUM STANDARDS IN THE 20744 LAW.

• THE LAW IS MORE IMPORTANT THAN INDIVIDUAL PROVISIONS IN A CONTRACT.

COMPARISON.


• UNFAIR DISMISSAL: the employee has to prove it.

• REDUNDAN-CY DISMISSAL:Too much employees.

One can be made redundant.

• PRINCIPLE OF CONSERVATION OF CONTRACT: Art.10 LCT

• If the employee is dismissed due to a cause, it has to be proved by the employer.

• “REDUNDANCY” or lack of production: **evidence.

• **1/2 compensation.

COMPARISON.


• THE ONLY WAY TO CLAIM COMPENSATION:

• DISCRIMINATION• (the employee has

to prove it)• UNFAIR DISMISSAL

(due to discrimination based on sex, race relations, disability, gender, marital status, colour)

• FIXED COMPENSATION in Art. 245 LCT.

• If there is discrimination or other ways of harming the employee´s feelings: moral compensation.

• DISCRIMINATION: “CARGAS DINAMICAS DE LA PRUEBA”.

COMPARISON.

LABOR LAW IN ENGLAND AND ARGENTINA:

• FREEDOM TO ASSOCIATE TO DIFFERENT UNIONS.

• “UNIONISE”.• ENGLAND: TRADE

UNION AND LABOUR RELATIONS ACT 1992.

• COLLECTIVE BARGAINING. STRIKES. PICKETING. INJUNCTION SEEKING. LOCKOUT.

• FREEDOM TO ASOCIATE BUT ONLY one UNION WITH “REPRESENTA-

CION SINDICAL”, en-titled to COLLECTIVE BARGAINING POWER.

• Ley 23.551.• Ley 14.250 (CCTs)

COMPARISON.

RECRUITING PROCESS according to the Trade Union and Labour Relations

Act 1992.• UNLAWFUL TO DISCRIMINATE

BETWEEN APLICANTS on the basis of GENDER, MARITAL STATUS, COLOUR, RACE, NATIONALITY OR ETHNIC OR NATIONAL ORIGINS.

IN ARGENTINA: The “Freddo” Case: All male employees. The Labor Tribunal obligued Freddo to start hiring only women until the point of equilibrium.

DISABLED PEOPLE AND EMPLOYMENT LAW.

• ENGLAND: LABOR RELATIONS ACT 1992.

• UNLAWFUL TO DISCRIMINATE DISABLED PEOPLE

• REASONABLE ADJUSTMENTS IN THE WORKPLACE.

• BUT COST MUST BE TAKEN INTO ACCOUNT

• ARGENTINA: NO DISCRIMINATION LAW 24952.

• DISABLED PROTECTION LAW: ADJUSTMENTS ON STREETS AND ENTRANCES.

• ILLNESSES LEAVES. (LCT)

DURING THE LIFE OF THE EMPLOYMENT:

• ENGLAND: Employment Rights Act 1996: the employee must provide a document with the terms and conditions of employment. (essentialia negotii)

• Identities of the parties, date of employment, the amount and frequency of pay, hors of work, holiday entitlement, job title and work location.

• ARGENTINA: General- minimum terms of the relationship have been already settled by the law.

DISMISSAL

UNFAIR DISMISSALDISCRIMINATORY

DISMISSAL

REDUNDANCY DISMISSAL

EMPLOYMENT RIGHTS ACT

1996

DISMISSAL

DISMISSAL RELATED TO THE ACTIVITIES OF A

TRADE UNION.

TRADE UNION AND LABOUR RELATIONS ACT 1992

The same attitude towards Employment Lawyers.

“CASE BONANZA”

• “At present, UK domestic legislation only allows for claims on the g. of race, sex and disability; the E U new directive will cover discrimination based on age and religion.”

• “

“INDUSTRIA DEL JUICIO”

• Ley 24.557. Accidentes de Trabajo. (now ammended)

• A topic that the law cannot solve: who is in charge of those who injure themselves at work? The employer? The Estate? The employee? Social security?

Same negative attitude towards Employment Lawyers.

“CASE BONANZA”

• “IT IS A WHOLE DISCRIMINATION INDUSTRY” (David Cockburn, Law Society´s Employment Law commitee).

• “SO MUCH LEGISLATION IS IN THE PIPELINE” (Cockburn).

“INDUSTRIA DEL JUICIO”

• “It is the TRIAL INDUSTRY”

Same negative attitude towards Employment Law claims.

“CASE BONANZA”• Cockburn: need to advise

employers on how to avoid claims

• How to avoid “increased awareness amongst the public, of their rights”

• It is “more work for solicitors”• The Directive “facilitates

claims: it removes artificial hurdles claimants currently have had to cross”.

“INDUSTRIA DEL JUICIO”• “It is the TRIAL

INDUSTRY” • From 2004 till 2012: • An attitude favour-

ing the employee in different law amend-

ments.• 2012: amendment of

24557: a major turning- point.

INTERNATIONAL LABOR LAW

• INTERNATIONAL LABOR ORGANISATION (ILO- OIT IN SPANISH)

HEADQUARTERS IN GENEVA.

SET UP BY THE TIME OF

THE LEAGUE OF

NATIONS.

INTERNATIONAL LABOR LAW• INTERNATIONAL LABOR ORGANISATION

(ILO- OIT IN SPANISH)

decision making carried out through tripartism between

government, employer and

worker representatives.

ILO ELABORATES

LABOR

CONVENTIONS

WHICH SET OUT

LABOR MINIMUM

STANDARDS.

NATIONAL GOVERNMENTS THEN RATIFY THE

CONVENTIONS AND INCORPORATE THEM INTO

NATIONAL LAWS.

http://en.wikipedia.org/wiki/Tripartism

INTERNATIONAL LABOR LAW• EUROPEAN DIRECTIVES.

INSTRUMENTS which require E.U. member states to

enact its provisions in

national legislation

European Workin

g Time Directive

limited the maximum length of

a working week to 48 hours in 7

days, and a minimum rest

period of 11

hours in each 24

hours

U.K. HAS ENACTED THIS DIRECTIVE, WITH RESERVES: U.K. CAN OPT OUT OF THE 48-HOUR PROVISION TO LONGER PERIODS OF WORKING TIME.

ISSUED BY THE “EUROPEAN

COMMISSION”

http://en.wikipedia.org/wiki/European_Union

http://en.wikipedia.org/wiki/Working_Time_Directive

SOME E.U. DIRECTIVES ENACTED IN U.K.:

• European Working Time Directive: which covers working time, rest breaks and the right to paid annual leave.

• Directive on Working Discrimination: protects from discrimination on the grounds of age, religion or belief and sexual orientation as well as gender, race and disability.

THANK YOU !!

Labor law.

Education

Transcript of Labor law.