Law Ch 10: Labour Law Flashcards
What is Labour Law?
a set of diverse norms regulating the relationship between the workers, employing entities, trade unions and the government.
To which social challenges does industrialization lead?
urbanization, a growing income gap, environmental damage, growth of population, poor working conditions
Which was the first labour law and when?
1784: Outbreak of fever in cotton mills in Manchester, children should not work under dangerous circumstances, children’s working hours were limited
What are the sources of labour law?
- International treaties and agreements
- EU directives
- Member States’ laws
- Case law
- Collective labour agreements
What is Freedom of employment?
Freedom to work as well as freedom not to work and freedom to terminate the contract. An employee is allowed to terminate the contract at any time with some notification periods. This right is recognized in most countries
What is casualization?
the hiring of casual workers instead of hiring employees which gives the company more flexibility and makes them able to cut on employee costs.
What are the 4 types of employees in Germany?
employee, employee-like person, executive staff member, self-employed
What is a contract OF service?
an employment contract
What is a contract FOR service?
a self-employed contract
What are the three Irish tests for the determination of the nature of a contract and how are they performed?
- Control test = the court will assess to what extent the employer is able to control the day to day activities of the employee. This will establish if there is a hierarchical relationship between the two.
- Integration test = the court will assess to what extent the worker forms an integral part of the organization of the employer
- Economic reality test = the courts assess who bear the financial risk in performing the job.
What is an employee-like person?
integrated in the organization of the employer. The employee-like person is to a certain extend economically depending on the employer since they work for 50% or more for the company. These people are not protected as well as employees e.g. they can be fired easily.
What is an employment-at-will contract?
an employee can be fired or quit for any time for any reason
What is an (in)definite contract?
the employment is seen as something more permanent and is for a set/unlimited time
What are the rules for setting up a definite contract?
1) both parties need to agree on the fixed term.
2) the fixed term cannot exceed 2 years.
3) when an employee works for an employer longer than 2 years in a period of 5 years the contract is assumed to be for an indefinite period.
What are the arguments in support of minimum wage?
- Support spending which leads to economic growth which leads to less money needing to be spent on social support by the government
- Motivates studying and innovation
