Governments use legal systems to design, implement, and enforce laws in an attempt to regulate the behaviors of their citizens and institutions. Societies that have appropriate laws find it easier to promote peace and prevent cases of injustice or oppression. One of the fields that have benefited significantly from legal systems is that of employment. The purpose of this paper is to analyze and discuss employment law in detail.
Analysis of Employment Law
Employment law is an integral aspect of the law that governs the relationship between employees and employers. Companies and individuals should be aware of every subject of employment law in order to make appropriate decisions. Bogg indicates that business organizations use existing federal or state laws to safeguard their employees’ rights while at the same time pursuing their objectives (76). Employment law is founded on various ideas, including equality, justice, and fairness. This fact explains why both workers and employers should be aware of every attribute associated with it if they are to achieve their potential.
Employment laws are powerful frameworks for addressing most of the issues employees might encounter. The effective consideration of such policies empowers workers by presenting them with a number of benefits. The first one is that employment laws discourage companies from implementing discriminatory practices. Issues of favoritism also become obsolete when such frameworks are taken seriously. Secondly, the emergence of employment law was informed by different challenges, such as reduced employee safety and poor working conditions (Painter 21). This means that modern policies promote safety and health for workers in their respective environments.
Disputes and labor issues are known to affect employees negatively. The establishment of appropriate legal systems to monitor government employee-employer relationships is something that empowers workers by preventing unlawful dismissal (Painter 39). This is a clear indication that the employment law addresses the challenges many individuals face, thereby being in a position to achieve their potential.
Due to the nature and importance of positive working conditions, different jurisdictions have presented superior laws to empower employees. A good example is a statute contained in the Civil Rights Act of 1964 (Bogg 70). Such a law prohibits any form of discrimination based on an individual’s origin, religion, color, gender, and race. Consequently, this law makes it illegal for different companies and government institutions to capitalize on these aspects whenever promoting, to compensate, dismissing, or hiring different people in the United States.
The Fair Labor Standards Act (FLSA) can be referenced as a good example of employment law. This piece of legislation has been in place since the 1930s. Such a law was aimed at protecting citizens from prolonged working conditions, harsh environments, and low wages. Consequently, it led to the establishment of a minimum hourly wage in the United States (Bogg 79). This achievement empowered many employees and made it easier for them to pursue their objectives.
When people are aware of the role of existing employment laws in their respective countries, it becomes easier for them to pursue their rights and ensure that all employers support their needs. From the interviewing process, potential candidates should be keen to identify any form of discrimination or abuse based on their cultural, religious, ethnic, or national backgrounds (Painter 31). They should also consider existing laws if they are to get competitive salaries.
The International Labor Organization (ILO) has presented several conventions or guidelines to support the implementation of employment law in different jurisdictions. For instance, Convention 158 indicates that employers should not dismiss workers without giving a legitimate or valid reason. Additionally, companies should give every individual who has committed a wrongful act an opportunity to present his or her defense (Bogg 82). Many countries have embraced similar thoughts in an attempt to introduce evidence-based policies in different organizations and institutions.
Child labor is another area that cannot be ignored whenever focusing on the validity and applicability of employment law. Before the early 19th century, many people or societies did not condemn various roles completed by underage individuals in factories and farmlands. According to Painter, many textile companies in England before 1800 hired children to provide cheap labor (48). They contributed around 60 percent of the required workforce. Today, child labor remains a commonplace practice in the developing world.
The application of employment law has been observed to protect the rights of these individuals. This is the reason why many countries have implemented powerful policies to prevent underage people from working in different companies or factories.
Employment law provides evidence-based guidelines for employers to meet the changing needs of their workers. For instance, there are various policies that dictate the benefits available to employees. In many companies, women are entitled to maternity leaves. Emerging laws have been redesigned in such a way that men get similar benefits after getting newborn babies. When individuals fall sick, it becomes necessary for companies or institutions to provide medical leave (Bogg 97). Persons with disabilities should also receive better salaries and equal opportunities. This practice is governed by employment law in order to support all people and promote economic development.
Modern studies have contracted earlier research findings by presenting evidence-based insights to support the applicability and importance of employment law. Bogg indicates that employment laws were put in place to protect workers from the inappropriate practices associated with different employees (92). For example, such policies have been informed by different misbehaviors, including unsafe working conditions, unfair treatment, discrimination, and abuse (Painter 92).
However, Bogg believes that employment law can become a powerful opportunity for companies to maximize performance (101). This is the case since firms can consider existing laws to provide better remunerations, promote diversity in different departments, and empower their employees to focus on the targeted business objectives.
Leaders who implement appropriate employment laws will promote the safety and health of their workers. This practice will result in positive working environments and protect the targeted company from unnecessary lawsuits. Similarly, institutions that hire disabled individuals will become admirable and competitive in their respective sectors (Painter 129). Organizations should, therefore, consider these issues in order to improve their business models, address the issues affecting every employee, and be on the right path towards achieving their potential.
The above discussion has revealed that employment law is a field that has gained much attention in the recent past. This is the case because it governs the relationship between employees and employers. Individuals seeking job opportunities should be aware of existing policies and regulations if they are to record positive results. Companies and government institutions can also embrace the power of employment law if they want to reduce chances of discrimination, promote safety, and improve employees’ performance.
Bogg, Alan. “Common Law and Statute in the Law of Employment.” Current Legal Problems, vol. 69, no. 1, 2016, pp. 67-113.
Painter, Richard, and Ann Holmes. Cases and Materials on Employment Law. 10th ed., Oxford University Press, 2015.