Employment Law Assignment Sample

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Introduction

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Labour law confers as those laws that maintain the relationships between workers, employees, employing entities, trade unions, and governments. Collective labour law consists of the law regarding relationships between employer, employee, and union although individual labour law provides the legislations about employee's rights at the workplace through a work contract. Employment standards are social rules and norms for the minimum socially acceptable conditions under which employees and employers, contractors are permitted to work. Labour law and its related legislations are enforced by government agencies. Many laws are implemented under individual labour law such as employment terms, minimum wages, living wages, hours, health, and safety, discrimination, dismissal, child labour. Many laws are also introduced under collective labour law as trade unions, workplace participation, collective bargaining, and collective action. International labour laws and legislations are also introduced for employees and employers. All these laws and legislations are formed for the protection and safety of employees' rights in many ways. These rules and legislations are very helpful for employees and employers when they are facing some conditions of injustice at the workplace. These laws ensure about the hiring process, dismissal process, working conditions are fair for every individual. (Cahuc, P., et al)

Employment legislation refers to the body of laws that controls and regulates the relationship between employer and employee. Issues related to discrimination, legal working ages, and safe working conditions are also addressed under the employment law and its regulations. Many issues can emerge at the workplace between the employer and employee and in most cases employees have to confront many issues regarding wages, working conditions, and security and safety. Generally, the violations regarding employment laws are civil matters and treated like those matters. These regulations and legislations are formed for the protection of the rights of the employees at the workplace and the safety of their rights. (Mandal, A., Perry, A. and Trees, S.,)

Along with the abovementioned laws and legislations, it is also required to provide more safety to the workers or employees at the workplace. For any factory or occupation, employment the employees are the most important factor without them employer cannot perform any work. The employer should also ensure about all provided working conditions to the employees or workers at workplace whether the conditions are suitable for them or not. It is also necessary to ask the employees if they are required some additional facilities or required any material for their conduct at the workplace. The safety and security of workers or employees should also be considered by the employer because all these things are necessary for attaining the set objectives and goals. There are many legislations have been formed and implemented for the employees but there is also required to introduce some new legislation for the safety and health of the employees. (Oludeyi, O.S.,)

It is suggested in this report that some new safety and security legislation should be introduced for the employee so they can perform their duties and work more effectively. Many times, employees feel that there is no consideration about their health and safety at the workplace, they have to perform hazardous actions and works at the workplace that can adversely affect their health. Employers order the employees to perform the work in dangerous working conditions after the denial of the employees, many times employees are threatened by the employer for their job. It has made compulsion for the employees to perform the work at the undesirable workplace and with dangerous working conditions. It has been seen as a common issue between employees and workers. They do not desire to work at an unsuitable workplace and there are no safety measures for them. after analyzing all these conditions of the workplace and considering the employer's actions it is required to introduce some strict rules and legislation for the safety and security of the employees. Employees desire to work at any workplace that is safe and secure for their health. By implementing these legislations some protection, safety can be provided to the employees regarding their health.

In this safety and security legislation some rules are instituted as:

• This legislation should be implemented in any occupation, factory, or establishment where 15 or more employees are employed as full-time workers.
• It subsumes many laws and regulations, legislation regarding the safety and security of employees or workers. (Kuril, J., 2018.)
• Any establishment is required to register itself with the code established under the law by the central or state government.
• Under this legislation, the working conditions, welfare facilities, and safety measures are different for all establishments and these are prescribed under this legislation by the government. (Schuring, M., et al 2018)
• An occupational safety board is also set up at the state and national level to advise the state or central government in matters regarding rules, regulations, standards that should be made under the legislation.
• Some special provisions and rules are also introduced under this legislation for some special establishments like factories, docks, and construction sites. Distinct rules and regulations are provided on the license, safety regulations, and duties of employers.

Key issues for the implementation of this legislation

• Some legislations and laws are already introduced and implemented for the safety and security of the employees but these legislations were unambiguous and unclear, many establishments confronted issues in its implementation.
• There is no strict and rigid rule, regulations under that law. along with this, there was no punishment or penalties for the non-compliance of any regulation of this law. as resulted in many establishments not following or implementing the law for their employees.
• Employees are facing many issues regarding their health, safety, and security and there is no justice for their issues. (Verschueren, H., 2018)
• This law is implemented in establishments where 10 or more employees are working and this size base threshold limit is convenient for the small establishments as they do not require to follow the rules or legislation of this law.
• This law also bars the civil courts from hearing the matters related to the employees and their disputes so they have to refer the case before the high court. Employees can only file the writ petition and are unable to file the case at the lower court. The legislation may result in the denial of an opportunity to challenge issues before a lower court.

Rights and duties of employees and employers

Some duties and rights are also decided under this new legislation for the employees and employers. (Voßemer, J., et al 2018)

Duties of employers:  it is the duty of the employer that provide a workplace that is free from any hazards that may cause injury to any employee, provide annual health checkups and examinations to the employees, immediately inform any authority regarding any death or serious injury to the employees at the workplace. All these duties are required or mandated to follow by the employer and some special duties are also prescribed under the legislation for the employers having mines, factories, and construction sites. (Rusly, F.H., et al, 2018)

Rights and duties of employees:  some rights are also provided by this legislation to the employees or workers with some duties. Employees should take care of their health and safety, follow the safety measures implemented at the workplace, intimate the inspector if any unsuitable or unsafe work incidents have occurred. Employees have the right to get information about the rules and regulations regarding the safety, security of employees from the employer.

Working hours and leaves are also prescribed under this legislation as different rules and regulations are provided for the special establishments. There should be workers who must be paid additional wages if they are working overtime. For the overtime, they must be paid twice the rate of daily wages. Female workers can perform overtime only after their prior consent for this. A journalist can work more than 145 hours in four weeks. Workers cannot be required to perform their duties more than 5 days a week. They must receive one day leave and one day holiday on their wish. (Kessler, S.R., et al, 2020)

Working conditions should be prescribed under the legislation by the central or state government. Some welfare facilities should also be provided to the employees as canteen, first aid kits, proper sanitization, water facilities, washroom facilities and creches for the female employees so they can easily perform their functions and duties at the workplace.

Some relevant authorities such as advisory bodies and safety committees are also introduced under legislation by the government for the recommendation of some cases and disputes regarding employees at the workplace. Functions and powers of these boards are also decided by the government in the law and implementation of some rules is also mentioned in the legislation. Offence and penalties are also decided by the government for the breaching of any instituted regulation or rule by any employee. Under this employee will be subject to a fine up to some specified amount and for the first time violation this penalty can be minimized up to 50%.

So, there are some rules, regulations are introduced in this legislation. Before this legislation, some other laws were implemented for the safety and security of the employees but they were not so effective. Employees were not satisfied with the law and employees remain devoid of the rights of their safety, have to work or perform their duties in a hazardous workplace. So, it is required to introduce some special provisions and regulations, legislation for the safety and security of the employees. So, they can effectively perform their works at the workplace. (De Cieri, H. and Lazarova, M., 2021)

There are many merits of this legislation as employees will get better safety measures for their health and show their interest in performing the work. Employees can be more aware of their rights and security measures that should be implemented at the workplace whether they are performing their functions in the establishment. Employees can attain their rights and enforce these provided rights in the establishment and can inform the inspector about any hazardous incident. It will be more effective for employees and their health as they can ensure about their health and issues with the help of annual examination. (Buribayev, Y.A. and Khamzina, Z.A., 2019) All these provided rules are helpful for the employees and they can work without any hurdle at the workplace. Different safety measures are provided to the different establishments. (Haak-Saheem, W., 2020)

This legislation will affect the employees and employers also and their working conditions will also get affected with the implementation of this legislation. Employees can perform their duties with due care and have many rights regarding their safety and security at the workplace. They can inform the board and regulatory authorities about any issue arising at the workplace. 

Conclusion

It is concluded from the above-mentioned report that there are many laws and legislations are introduced and implemented for the safety, security of the employees. But these rules and regulations are not so effective for the employees. After considering the drawbacks of this legislation it is decided that some new regulations and rules should be instituted for the protection of the rights regarding the health and safety of the employees with the help of new legislation named as safety and security of the employees. Many provisions and merits, measures mentioned under this legislation are also prescribed in the report. The impact and merits of the legislation are also described. So, this report stated about the present legislation of safety and security of employees at the workplace and its drawbacks, impacts. Some new measures regarding safety and security legislation are also stated in the report.