Labor law traditionally defines the relationship between unions, employers, and employees. It allows employees to form unions and engage in protests against the organization for the benefit of the employees. On the other hand, employment law defines the negotiated relationship of the employers and the employees. Career prospects in either of these two fields involve questions related to labor and employment law. Both labor and employment law is constantly evolving because the employability structures change faster than the legal systems. The market has become competitive. For, students who are planning to carve a path in the legal field it is therefore important to make a quick decision and start early. Today we are going to share some facts with students that they need to know about labor and employment law.
There was a huge demand for labor and employment law in the year 2019. As per the legal market survey reports of 2020, there is a considerable hike of 1.6 % in the rise in demand of labor and employment attorneys and the demand for corporate attorneys goes up by 1.4% in 2020.
Therefore it can be seen that employment opportunities for legal students are constantly on the rise.In this article, we are going to share some interesting and important employment law facts and labor law facts that any student should know-
- There are situations when an organization terminates an employee on the basis of their will. In this scenario, they are not bounded by the legal system to show a valid reason for the termination. Therefore it can be said that an unfair termination might not necessarily be an illegal termination.
However, the labor law has set up certain exceptions to the rule-
- An organization cannot terminate an employee on the basis of his or her race, color, sex, religion, gender, national origin, and neither can an organization terminate a person on the basis of gender identity and sexual orientation.
- There can be an implied contract on the violation of a contract on the basis of an expectation of a continuation of services highlighting the length of employment and the promises of job security mentioned in the contract.
- Employment law retaliates for enforcing an employee’s legal rights to claim his or her unpaid wages.
- Employees of an organization reserve the right to see their personal files. This includes their appraisal reports and performance records kept by the organization. Legal students can take instant essay help from professional practicing advocates to know what are the specific documents that the employees are liable to access from the employers.
- The employees are also entitled to penalties in case their salaries are late. In case an employee is forced to put down the papers they are liable to be paid their entire dues owed by the organization as soon as their termination is processed. The employment law also states that in case an employee quits giving a notice period of 72 hours he or she is entitled to get the salary of their last working day. Students can take law assignment help to get clarification on these laws.
- There are organizations that state that if you do not consume your leaves within a particular time frame, you are most likely not eligible to take them after a stipulated time. This law framed by organizations is illegal according to the labor law.
- The labor law states that an employer can discredit an employee while giving his reference but is not authorized to mislead an organization by publishing a false report of the employee.
- As per the family and medical leave law, the labor law states that an employee is entitled to get 12 weeks of leave with the right to resume duties on grounds of medical emergencies.
However, the employment law states that there are certain exceptions to the above rule.
- The organization should have at least 50 active employees. In case of less the organization is not bound to adhere to the rule.
- The employee applying for this kind of leave should be employed with the organization for at least a year.
- The employee must have worked for at least a minimum of 1250 hours during the previous months.
- In case of a medical emergency, an employee should be facing the ailment for a minimum of 3 days.
The labor law further states that an employer cannot deduct wages for an inadvertent error.
- The law states that an employer should prove deliberate misconduct or negligence on the part of the employee before they deduct wages.
- According to the labor law even if an employee is called a contractor he or she is still liable to employment rules and policies.
Therefore, it can be said that employment and labor laws go hand in hand. And, in order to have a peaceful co-existence inside an organization, it is important for an organization to enforce these laws and educate the employee to avoid disruption.
Law students pursuing labor law or employment law should focus on the interconnection between the two to have a better understanding. Online assignment help is a service has a team of online assignment writers who assist students in writing their assignments on labor and employment law
SourceEssay offers assignment help to students who are struggling with their legal assignments. There is a team of online essay writers who assist students in understanding the need, scope, and benefits of taking up a professional course in labor and employment law. With globalization, a lot of organizations have been flaring up like comets in the business world. And, so is the need for labor and employment legal professionals. They not only help maintain a peaceful environment helping the organization to run like a well-oiled machine but also protect the interest of the employees working there giving them a sense of security.