chapter 10

Question 1

industrial revolution

Answer 1

started around 1870 in England and spread to Western Europe, North America, and Australia. it made it easier to produce on a large scale and offer goods for a lower price. it also caused urbanisation. people lost their jobs to machines, leading to an income gap between the company owners and working class. also, it increased damage to the environment.

Question 2

urbanisation

Answer 2

the working class moving from the countryside to the greater cities.

Question 3

Asian industrialised countries

Answer 3

share a colonial past, in which concepts of law were exported from Europe. the trend of globalisation pays a role in the debate on labour law. companies gladly make use of more flexible labour standards. however, the creation of international labour law after WWII had some influence in the adoption of labour laws, eg. ILO.

Question 4

guilds

Answer 4

a system in which labour-related aspects of those who were in the employment of these craftsmen were discussed and (loosely) regulated.

Question 5

slums

Answer 5

were built at the border of cities, where people lived in poor conditions as a result of urbanisation.

Question 6

social question/labour question

Answer 6

addresses the wellbeing of employees and arose in the context of the industrial revolution.

Question 7

Islamic industrialised countries

Answer 7

industrialisation also triggered the adoption of labour laws inspired by European concepts. however, lawmakers attempt to unite principles of Islam.

Question 8

International Covenant on Economic, Social, and Cultural Rights (IVESCR)

Answer 8

adopted in 1966 within the UN framework. it recognises many rights for workers.

Question 9

International Labour Organisation (ILO)

Answer 9

a specialised agency, which was installed with the aim to protect and promote labour rights in the world. it has drafted many thematic conventions to improve the recognition of employees’ rights that may also serve as a source for inspiration for domestic labour laws. it also offers its services as consultant and supervisor.

Question 10

European Social Charter

Answer 10

a European treaty in which economic, social, and cultural human rights are recognised. it is inspired by the ILO conventions and focus on labour law. equivalent treaties can also be found elsewhere in the world.

Question 11

casualisation

Answer 11

when employees are fired en mass and replaced by casual workers.

Question 12

employment contract

Answer 12

a special type of contract; on the one hand, the general principles of contract law apply. on the other hand, it gives employees access to certain rights and guarantees.

Question 13

self-employed

Answer 13

mostly hired for a particular task or short period as an external employee. when the task is completed, they leave the organisation. they do not enjoy their ‘special status’, which can put them in a vulnerable position.

Question 14

employee (German law)

Answer 14

someone who is obliged to work for an employer based on a private contract, and the relationship with the employer is of personal subordination. this suggests that the employee is an integrated person in the organisation of the employer and the employer stands hierarchically above the employee.

Question 15

employee-like person (German law)

Answer 15

the worker is free to determine his own work within the organisation and is not considered to be integrated in the organisation of the employer. there is no hierarchy between worker and employer. the worker is to a certain extent economically depending on the employer is he works for 50% or more for the organisation. he is not as protected as the employee.

Question 16

executive staff member (German law)

Answer 16

might work in employment comparable to the employee, but has a managerial function. they practially act as an employer. thus, the protection for employees only partly applies.

Question 17

self-employed person (German law)

Answer 17

not in a hierarchical relation with an employer and is free to organise his activities as he sees fit. he usually works for an organisation only to complete a specific job, task or period, and then moves on to the next. there is hardly any protection under German labour law.

Question 18

contract of service

Answer 18

refers to an employment contract in the common law legal family.

Question 19

contract for service

Answer 19

a labour contract with a self-employed.

Question 20

control test

Answer 20

court assesses to what extent the employer is able to exercise control over the day-to-day activities of the employee.

Question 21

integration test

Answer 21

the courts will assess to what extent the worker forms an integral part of the organisation of the employer.

Question 22

economic reality test

Answer 22

the court assess who bears the financial risks in performing the job; the organisation or the worker.

Question 23

employee-at-will doctrine

Answer 23

an employee can be fired or can quit the job at any time for any reason.

Question 24

public policy exception

Answer 24

a dismissal of an employee may not contradict the public policy of the state. eg., some rights of employees are publicly protected, such as protection of whistleblowers. if an employee is fired for such a reason, the dismissal is illegal.

Question 25

implied contract

Answer 25

in some labour relations, it becomes obvious that the employee may reasonably expect that his employment will not be terminated ‘at will’. this can be deduced from a company’s written policy or oral statements.

Question 26

principle of good faith and fair dealing

Answer 26

means that an employer may not fire an employee without a valid, legal reason. especially when they have been employed for a long time.

Question 27

minimum wage

Answer 27

adopted to protect employees. the idea is that an employee should be entitled to a certain life standard that a minimum wage should at least guarantee. in general, minimum wage cannot guarantee an adequate income.

Question 28

proper labour conditions

Answer 28

an aspect of labour law that is differently understood around the world and can also differ per sector.

Question 29

discrimination

Answer 29

the unequal treatment in similar cases based on irrelevant factors. there are three types; direct, indirect, and positive.

Question 30

direct discrimination

Answer 30

to explicitly disadvantage someone based on irrelevant factors.

Question 31

indirect discrimination

Answer 31

when a non-discriminatory standard or practice disadvantages someone based on irrelevant factors.

Question 32

positive discrimination

Answer 32

to explicitly advantage someone who is disadvantaged based on irrelevant factors.

Question 33

Bangladesh Accord

Answer 33

self-regulation to which all involved stakeholders consent. this was established after the Rana-Plaza collapsed. it aims to strengthen the position of employees.

Question 34

ESGEE sustainability performance

Answer 34

economic, social, governance, ethical, and environmental.

Question 35

sustainability

Answer 35

focuses on activities that generate financial economic sustainability performance and non-financial ESG sustainability performance through maximising corporate governance effectiveness and business opportunities and minimising environmental and social harms, ultimately securing long-term success in creating stakeholder value.