LECTURE 6LECTURE 6

Theme: Theme: Labour law.Labour law.

PLANPLAN

1. The function and origins of 1. The function and origins of Labour Law.Labour Law.

2. Hours of labour. 2. Hours of labour. 3. The main features of the Code.3. The main features of the Code.4. labour Laws in different 4. labour Laws in different

countries.countries.

Labour lawLabour law

Labour law or Labour law or employment lawemployment law is the is the body of laws, administrative body of laws, administrative rulings, and precedents which rulings, and precedents which addresses the legal rights of, addresses the legal rights of, and restrictions on, working and restrictions on, working people and their people and their organizations.organizations.

Collective labour lawCollective labour law

Collective labour law Collective labour law concerns the tripartite concerns the tripartite relationship between relationship between employer, employee and employer, employee and trade unions. trade unions.

Individual labour lawIndividual labour law

Individual labour law deals Individual labour law deals with peoples rights at work with peoples rights at work place on their contracts for place on their contracts for work.work.

Minimum wageMinimum wage

The minimum wage is usually The minimum wage is usually different from the lowest wage different from the lowest wage determined by the forces of supply determined by the forces of supply and demand in a free market, and and demand in a free market, and therefore acts as a price floor. Those therefore acts as a price floor. Those unable to command the minimum unable to command the minimum wage due to a lack of education, wage due to a lack of education, experience or opportunity would experience or opportunity would typically work in the underground typically work in the underground economy, if at all. economy, if at all.

Each country sets its own minimum Each country sets its own minimum wage laws and regulations, and while wage laws and regulations, and while a majority of industrialized countries a majority of industrialized countries has a minimum wage, many has a minimum wage, many developing countries have not.developing countries have not.

Hours of labour and Hours of labour and holidays:holidays:

Eight-hour dayEight-hour day

Labor LawLabor Law

Labor law includes the Labor law includes the legal rules combined in the legal rules combined in the Labor CodeLabor Code of 2001. of 2001.

The main features of the Code The main features of the Code are:are:

RetroactivityRetroactivity Extending working ageExtending working age Stricter definition of Stricter definition of legal labour relationslegal labour relations

Retroactivity: The Labor Code Retroactivity: The Labor Code extends its force to the existing labor extends its force to the existing labor relations established before its relations established before its adoption. However, this is not adoption. However, this is not absolute retroactivity, meaning that absolute retroactivity, meaning that Labor Code will not be applied to Labor Code will not be applied to regulate labor disputes already regulate labor disputes already arisen and submitted to courts arisen and submitted to courts before its adoption. before its adoption.

Stricter definition of legal labor relations: Stricter definition of legal labor relations: that is relation between employer and that is relation between employer and employee is established for the purpose of employee is established for the purpose of performance of the work by the employee performance of the work by the employee for the employer followed by remuneration for the employer followed by remuneration of an employee for the work carried out. of an employee for the work carried out. Hence, performance of the work without Hence, performance of the work without remuneration and relation with the remuneration and relation with the employer is not considered as legal labor employer is not considered as legal labor relation. relation.

Extending working age: In general the Extending working age: In general the labor capacity of a person shall arise upon labor capacity of a person shall arise upon the attainment of the age of sixteen years, the attainment of the age of sixteen years, i.e. it is permitted to hire sixteen years old i.e. it is permitted to hire sixteen years old person without consent of his/her legal person without consent of his/her legal representative. Arising of labor capacity representative. Arising of labor capacity does not mean the arising of full capacity does not mean the arising of full capacity which normally arises upon attainment of which normally arises upon attainment of the age of eighteen years.the age of eighteen years.

Labor Code regulates the issues related to Labor Code regulates the issues related to the labor contract by means of the labor contract by means of nonmandatory norms, which during the nonmandatory norms, which during the conclusion of contract gives the parties a conclusion of contract gives the parties a wider choice and does not limit them with wider choice and does not limit them with imperative requirements concerning the imperative requirements concerning the observance of the form of the contract. observance of the form of the contract. However, the procedure of termination of However, the procedure of termination of the contract is regulated by imperative the contract is regulated by imperative norms in order to protect the employee.norms in order to protect the employee.