Unit 1 - Reviewing Your Progress Flashcards
Why did the three work law regimes emerge as distinct areas?
The common law regime was built around the logic that court rulings are built upon one another and are as consistent as possible.
The regulatory regime emerged to protect workers and set minimum employment standards that employers are required to follow (I.e. minimum wage).
The collective bargaining regime came around as to make ruled that only apply to the collective bargaining process and unionized workplaces.
Why is the employment contract characterized by a power imbalance?
The employment contract has a power imbalance as the worker often needs the employment more than the employer needs to the worker. As a result of this, the employer has more power to set the terms of the employment contract.
How does the power imbalance affect the law of work?
Since in most cases the employer is most interested in earning money, this may lead to them undermining the employee. As a result of this, the government has set minimum employment standards that employers need to meet. This is covered by the regulatory regime.
What are some of the criteria for determining whether someone is an employee?
Using the scorecard method, items such as whether the company sets working hours and assigns work, whether the company owns the tools need for the job, if the worker works exclusively for the company, along with many other items. Judges also have the option to use the organizational test which asks whether the worker is an import part of the business or operates in the peripherals.
What are the core features of the law of work framework?
The work law subsystems, external inputs, and the internal and external feedback loops are all a part of the work law framework.
How do the core features of the law of work framework shape work law today?
The internal feedback loop shows how each of the regimes affect one another. For example, the standards that are set in the regulatory regime effect the employment contracts in the common law and collective agreements in the collective bargaining regime. However, the work law regimes are not just effect by each other, but they are also affected by external inputs and their feedback loop.
All external input subsystems can both have an effect and be affected by the work law system. For example, one of the external inputs is social, cultural, and religious subsystem and it has in the past has been affected by the common law regime. This regime, at one point, allowed employers to discriminate. However, as society changed, so did the laws that effect employment contracts. Therefore, the option for employers to discriminate was removed
