Employment Law – A Complete Guide
Contrary to the popular belief, employment law doesn’t merely consist of a single law. It is, in reality, a complete system, that governs employer and employee rights. In the employment law system, there are numerous provisions and standards that are required to be followed by employers for the protection of employees and to ensure they are treated fairly.
In this article, we have covered a detailed guide to employment law. Continue reading to further to know about this law and how it protects employees.
Employment law also includes different types of benefits that are provided to employees in a workplace. For example, employees are entitled to receive healthcare insurance that not only covers them but their families as well. Moreover, employment law also prevents employers to discriminate any employee on the basis of their race, gender, religion or sexual orientation.
As per the employment law, it is the responsibility of employers to ensure that their workers and employees are receiving basic employment rights. As per this system, there are some obligations necessary for an employer to meet. Some of them are:
- Employers are required to comply with the maximum hours of working requirements.
- It is the responsibility of the employer to make sure that each employee has received terms and conditions related to their job designation and responsibility in writing.
- They must pay salary above the minimum wage rate as specified by the state or government laws.
- Employers must provide their employees with a break period during their working hours.
- It is obligatory for them to allow annual leave to their employees.
- They are required to give a notice period of certain days before terminating their employees.
- Employers must also maintain proper records related to their employees.
- Employers must ensure that each employee receives a payslip.
- An employer must make sure that they have hired employees who are permitted to provide their services within the state.
Apart from the above-mentioned obligations, it is also necessary for the employer to make arrangements for complete data protection of employees. In some countries and states, they are legally required to protect the confidential data of their employees and follow effective measures that prevent their leakage. Furthermore, employers are also required to follow a certain process for recruiting employees. They must keep into consideration the legal obligations and procedures while hiring new employees.
This system also requires employers to prohibit bullying and harassment incidents at the workplace. As per the laws, employers are held responsible for malicious behavior by their employees in the place of employment. Therefore, it is their duty to prevent bullying and harassment in the office premises.
Employment law assists in protecting some basic human rights when an individual is working in a place of employment irrespective of their status. Thus, it can be safely said that this law has become an integral part of the judiciary system. Apart from employer’s responsibilities and obligations, it covers numerous other essential topics.
Employment law is also known as the labor law. There is a misconception among people that employment law solely protects employees. Although it is a major aspect of this law but in reality, it basically keeps in consideration the rights and duties of both employee and employer. Both the parties, at the time when an employee gets employed in a firm, sign a mutually agreed contract, in which these rights and duties are decided.
As per this law, the employer is also required to maintain health and safety standards in the workplace so that there is no risk to the health of any employee. For example, the premises where the employees are working must be equipped with advanced safety gears. In addition to this law prohibits employers to take advantages of employees of any sort. Employees are only required to perform the duties as mentioned in their contracts. For example, employees cannot be forced to work overtime or the employers not paying them according to the pre-decided payment terms in the contract. In case, an employer tries to take undue advantage, this law entitles employees to take necessary action i.e. complain to the higher authorities without any fear of losing their job.
There are two different types of protection laws covered by an employment law. These types are individual labor laws and collective labor laws. The former relates to mutually decided terms between employers and the worker unions. On the other hand, individual labor laws are required as per the federal or state government. This particular type of protection law covers individual labor rights such as minimum wage, their safety, and maximum working hours etc.
One of the biggest reason why this law is in place is equality in the workplace. As stated above, no employer is allowed to discriminate between their employees on the basis of their gender, sexual orientation, race etc. Employers, in the olden times, often misused their authorities and were found discriminating against certain employees because of particular reasons. For example, promotions were given to non-deserving candidates based on their personal relations with employees or any other reason i.e. their race or color. However, as per the Employment Equality Acts, discriminating against employees based on any of the factors mentioned above is a punishable crime.
In case a dispute arises between the employee and an employer, an attorney comes into the picture. They can work on behalf of either the employee or the employer and fight the case for them. For example, if an employee has filed a case for inequality at the workplace, their attorney will fight the case for them and present the matter to the court. The employer, in such a case, can also hire an attorney in their defense.
All in all, the employment law is said to administrate the rights and responsibilities of both the employers and employees. It is important for both the employees and employers to have a deep understanding of numerous provisions of this law to make sure their rights are protected and not violated.
Lydecker | Diaz
Brandon L. Fernandez is a native of Fort Lauderdale, Florida, and is an associate in the firm’s Miami office. Mr. Fernandez’s practice includes all aspects of federal and state civil trial litigation with a primary focus in civil rights litigation, complex commercial litigation, government liability, law enforcement liability, labor & employment law, premises liability, and professional liability. While attending law school, Mr. Fernandez served as a judicial intern for the Honorable Ari Abraham Porth in the Criminal Drug Court and Mental Health Court Divisions for the Seventeenth Judicial Circuit of Florida. Prior to attending law school, Mr. Fernandez worked as a paralegal for various law firms in Fort Lauderdale, Florida.