LECTURE 6 Theme: Labour law.

PLAN  1. The function and origins of Labour Law.  2. Hours of labour.  3. The main features of the Code.  4. labour Laws in different countries.

Labour law Labour law  Labour law or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations.

Collective labour law  Collective labour law concerns the tripartite relationship between employer, employee and trade unions.

Individual labour law  Individual labour law deals with peoples rights at work place on their contracts for work.

Minimum wage  The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Those unable to command the minimum wage due to a lack of education, experience or opportunity would typically work in the underground economy, if at all.

 Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not.

Hours of labour and holidays:  Eight-hour day

Labor Law  Labor law includes the legal rules combined in the Labor Code of 2001.

The main features of the Code are:  Retroactivity  Extending working age  Stricter definition of legal labour relations

 Retroactivity: The Labor Code extends its force to the existing labor relations established before its adoption. However, this is not absolute retroactivity, meaning that Labor Code will not be applied to regulate labor disputes already arisen and submitted to courts before its adoption.

 Stricter definition of legal labor relations: that is relation between employer and employee is established for the purpose of performance of the work by the employee for the employer followed by remuneration of an employee for the work carried out. Hence, performance of the work without remuneration and relation with the employer is not considered as legal labor relation.

 Extending working age: In general the labor capacity of a person shall arise upon the attainment of the age of sixteen years, i.e. it is permitted to hire sixteen years old person without consent of his/her legal representative. Arising of labor capacity does not mean the arising of full capacity which normally arises upon attainment of the age of eighteen years.

 Labor Code regulates the issues related to the labor contract by means of nonmandatory norms, which during the conclusion of contract gives the parties a wider choice and does not limit them with imperative requirements concerning the observance of the form of the contract. However, the procedure of termination of the contract is regulated by imperative norms in order to protect the employee.