Government as Legislator and the Legal Context Exploring Employee Relations
Introduction • Government beliefs and values influence economic policies. • Attitudes toward efficiency and effectiveness of the market. • Evaluation of social acceptability of market outcomes.
Liberal vs Corporatist Views • Liberal individualists: Believe in individual contracts in the marketplace. • Liberal collectivists: Support collective organization to balance bargaining power. • Corporatists: Critical of unregulated markets, emphasize regulation and fairness.
Objectives of Labour/Employment Law • Protect the weak from exploitation. • Determine terms and conditions of employment. • Encourage and regulate individual & collective relationships. • Promote fairness, equality, and democracy.
European Social Model • Protection and security to labour. • Prevents impoverishment. • Provides participation opportunities. • Ensures social stability and cohesion.
Functions of Law • Auxiliary: Promotes behaviours like collective bargaining. • Regulatory: Provides rights, regulates management-worker relations. • Restrictive: Defines rules, limits conflict circumstances.
UK Legislative Context • Distinction between employees, workers, and self-employed. • Employment law extends protections to workers. • Covers contracts, grievance hearings, minimum wage, and working hours.
Employment Contract • Degree of control by employer. • Obligation to provide work. • Payment of wages. • Integration into the business. • Continuity of relationship.
Section 1 (Employment Rights Act 1996) • Names of employer & employee. • Date of employment start. • Pay rate and frequency. • Hours of work & holidays. • Sickness, pension, grievance & disciplinary rules. • Place of work & job title.