Employment Law Lawyer Pittsburgh

Employment Law Lawyer Pittsburgh

Dispute resolution lawyer

That's why we're committed to providing not just legal advice but support and guidance throughout the entire process. In the early years, you grappled with the hurdles typical of a burgeoning practice, from establishing a client base to navigating the competitive landscape of employment law. They're not just after a quick resolution; they're focused on achieving the outcome that's best for you. Learn more about Employment Law Lawyer Pittsburgh here In one standout case, they represented an employee who'd been wrongfully terminated, alleging discrimination. Lacy Employment Law Firm didn't just take their case; they took a stand, navigating the complexities of employment law with finesse.
You'll find their team actively participating in local events, providing free legal workshops, and supporting charities that focus on employment education and assistance for the underprivileged. Additionally, they've received accolades for their exceptional client service, further setting them apart from the competition. It's not just about legal representation; it's about building a partnership with someone who's your back. That's why we're committed to supporting you every step of the way, ensuring you're not just heard, but also empowered to move forward.
You'll find their dedication to justice isn't just talk. This means you're not just another case file; you're a person with concerns that matter.

Workplace retaliation lawyer

  1. Family and Medical Leave Act attorney
  2. Disability discrimination lawyer
  3. HR outsourcing legal services
  4. Employment law compliance
  5. Title VII discrimination lawyer
  6. Employment tribunal representation
  7. Employment lawyer free consultation
  8. Workplace retaliation lawyer
  9. Workplace litigation
  10. Contract employee rights
  11. Collective bargaining agreements
  12. Small business employment law
  13. Workplace investigation services
  14. HR compliance training
  15. Staff management legal advice
  16. Layoff and reduction legal advice
  17. Pregnancy discrimination attorney
  18. Workplace violence prevention
You've probably faced workplace challenges yourself, wondering if there's any hope for justice. With a seasoned team of attorneys, they tackle a wide range of employment issues, from discrimination and harassment to wrongful termination and wage disputes. Read more about The Lacy Employment Law Firm, LLC here.
You're confronting a challenging situation, and it's crucial to have someone by your side who not only understands the intricacies of the law but can navigate its complexities with ease. We delve deep into the specifics of your case, considering every nuance and detail. Read more about Employment Law Lawyer Pittsburgh here Michael's case sent a clear message: unethical practices have no place in the workplace.

Employment law seminars

  • Collective bargaining agreements
  • Small business employment law
  • Workplace investigation services
  • HR compliance training
  • Staff management legal advice
  • Layoff and reduction legal advice
  • Pregnancy discrimination attorney
  • Workplace violence prevention
  • Family and Medical Leave Act attorney
  • Disability discrimination lawyer
  • Contract negotiation lawyer
  • Wrongful termination lawyer
  • Freelance worker legal services
  • Employment law risk assessment
  • Employment law seminars
We didn't just listen; we acted, securing her rightful compensation and reinstatement to her position.



Human resources legal advice

  1. Title VII discrimination lawyer
  2. Employment tribunal representation
  3. Employment lawyer free consultation
  4. Workplace retaliation lawyer
  5. Workplace litigation
  6. Contract employee rights
  7. Collective bargaining agreements
  8. Small business employment law
  9. Workplace investigation services
  10. HR compliance training
  11. Staff management legal advice
  12. Layoff and reduction legal advice
  13. Pregnancy discrimination attorney
  14. Workplace violence prevention
  15. Family and Medical Leave Act attorney
  16. Disability discrimination lawyer
Employment lawyer free consultation

From the initial consultation to the final verdict or settlement, the Lacy Employment Law Firm tailors its approach to meet your unique needs. You're looking for results, and that's what the Lacy Employment Law Firm delivers. Imagine you're navigating the complexities of employment law, feeling overwhelmed and unsure where to turn.

Employment law firm

  • Human resources legal advice
  • HR outsourcing legal services
  • Employment law compliance
  • Title VII discrimination lawyer
  • Employment tribunal representation
  • Employment lawyer free consultation
  • Workplace retaliation lawyer
  • Workplace litigation
  • Contract employee rights
  • Collective bargaining agreements
  • Small business employment law
  • Workplace investigation services
  • HR compliance training
  • Staff management legal advice
  • Layoff and reduction legal advice
  • Pregnancy discrimination attorney
  • Workplace violence prevention
This breadth of experience means they're well-equipped to handle the complexities of your case, no matter the sector you're in. This client-centric approach is woven into every facet of their operations.

They're investing time to understand your individual goals and the challenges you're facing. At Lacy Employment Law Firm, we understand that your career is often at the heart of who you are, shaping not just your present but your future opportunities as well.

Employment law compliance

  • Employment lawyer free consultation
  • Workplace retaliation lawyer
  • Workplace litigation
  • Contract employee rights
  • Collective bargaining agreements
  • Small business employment law
  • Workplace investigation services
  • HR compliance training
  • Staff management legal advice
  • Layoff and reduction legal advice
  • Pregnancy discrimination attorney
  • Workplace violence prevention
  • Family and Medical Leave Act attorney
  • Disability discrimination lawyer
  • Employment lawyer free consultation
  • Workplace retaliation lawyer
  • Workplace litigation
  • Contract employee rights
  • Collective bargaining agreements
How does The Lacy Employment Law Firm set itself apart in the competitive field of employment law? They've shown that their expertise isn't just for the benefit of their clients, but for the betterment of the community as a whole.

You'll also find robust support for wage and hour claims. We're actively involved in shaping a more just and equitable work environment for everyone in Employment Law Lawyer Pittsburgh. Whether you're facing discrimination, harassment, wrongful termination, or any other employment dispute, we're here to provide the personalized legal assistance you need to navigate these challenging times. Stick around to uncover the secrets behind their success and how they're not just participating in the legal arena but actively redefining it.

As you navigate the intricacies of their approach, from tailored legal strategies to comprehensive support systems, you'll find yourself wondering how they consistently outperform their peers and what drives their relentless pursuit of justice. Employment law seminars Navigating the complex waters of employment law can be as daunting as sailing through a stormy sea, but you're not without a compass when you have The Lacy Employment Law Firm by your side. They know that facing employment issues can feel overwhelming, and that's why they've dedicated themselves to a client-centered approach. HR outsourcing legal services They don't just offer legal advice; they provide a strategy tailored to your unique situation.

Employee Rights Lawyer Pittsburgh

  • Whistleblower

    A person who exposes wrongdoing or illegal activities within an organization or government entity.

    source

    Pittsburgh

    A city in the state of Pennsylvania, known for its rich history and vibrant cultural scene.

    source

    Family and Medical Leave Act of 1993

    A United States labor law that provides eligible employees with unpaid leave for specific family and medical reasons.

    source

    Alternative dispute resolution

    A process of resolving disputes outside of court, often using methods like mediation or arbitration.

    source

    Workplace Fairness

    An organization that promotes fair treatment and equality in the workplace.

    source

    American Bar Association

    A voluntary bar association of lawyers and law students in the United States.

    source

    Unemployment benefits

    Financial assistance provided to individuals who have lost their jobs involuntarily and meet certain eligibility criteria.

    source

    Employment discrimination

    Unfair treatment or unfavorable actions against an individual based on certain protected characteristics, such as race, gender, or disability, in the workplace.

    source

    Employee benefits

    Additional perks and advantages offered to employees by their employers, such as health insurance, retirement plans, or paid time off.

    source

    Lawyer

    A professional who practices law and provides legal advice and representation to clients.

    source

Employment Dispute Lawyer Pittsburgh

Pittsburgh's rich industrial history left the area with renowned cultural institutions, including the Carnegie Museums of Pittsburgh, Pittsburgh Parks Conservancy, Pittsburgh Zoo & Aquarium, Phipps Conservatory and Botanical Gardens, the National Aviary, and a diverse cultural district.[16] The city's major league professional sports teams include the Pittsburgh Steelers, Pittsburgh Penguins, and Pittsburgh Pirates. Pittsburgh is additionally where Jehovah's Witnesses traces its earliest origins, and was the host of the 2009 G20 Pittsburgh summit.

Labor And Employment Lawyer Pittsburgh

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North Oakland
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North Oakland
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Citations and other links

Job Discrimination Lawsuit Employment Law Lawyer Pittsburgh

This evidence becomes your armor in the legal arena. Next, you'll want to consult with an experienced employment lawyer who specializes in wrongful termination cases. Building on its reputation for unmatched representation, The Lacy Employment Law Firm boasts a deep well of legal expertise in employment law to navigate your case with precision. They don't just understand the letter of the law; they grasp its spirit, ensuring that justice isn't just done, but felt by those they represent. It's not just about legal solutions; it's about understanding your specific situation and crafting a strategy that aligns with your expectations.

You can visit their website to fill out a detailed contact form. With them by your side, you'll navigate workplace issues with confidence, ensuring you're heard and respected. Contract negotiation lawyer At Lacy Employment Law Firm, your fight is our fight. As workplace laws evolve and new challenges emerge, Lacy Employment Law Firm is positioned to adapt and lead.

One such case involved a client facing unjust termination due to discrimination. That's why they're committed to providing personalized and compassionate legal representation. This level of involvement ensures you feel supported and valued throughout the process. From the moment you reach out, they're committed to understanding your specific situation and goals.

They're constantly pushing the boundaries of what's expected in employment law, ensuring you're represented by attorneys at the forefront of their field. They're willing to go the extra mile, ensuring that employers are held accountable for their actions. You'll see them doubling down on their commitment to education and outreach. With the Lacy Employment Law Firm, you're getting more than a lawyer; you're getting an ally committed to setting things right.



Dispute resolution lawyer

  1. Workplace litigation
  2. Contract employee rights
  3. Collective bargaining agreements
  4. Small business employment law
  5. Workplace investigation services
  6. HR compliance training
  7. Staff management legal advice
  8. Layoff and reduction legal advice
  9. Pregnancy discrimination attorney
  10. Workplace violence prevention
  11. Family and Medical Leave Act attorney
  12. Disability discrimination lawyer
  13. Employment law mediation
  14. Trade secret protection
  15. Severance negotiation services
  16. Human resources legal advice
  17. HR outsourcing legal services
  18. Employment law compliance
Job Discrimination Lawsuit Employment Law Lawyer Pittsburgh
Employment Law Lawyer Pittsburgh EEOC Lawyer

Employment Law Lawyer Pittsburgh EEOC Lawyer

Building on this foundation, the firm has secured several landmark victories that underscore its prowess in employment law. Their relentless pursuit of justice is what sets them apart in Employment Law Lawyer Pittsburgh. You're not just part of the conversation; you're leading it. Beyond their comprehensive legal support, the Lacy Employment Law Firm also stands firmly on the front lines in the fight for fair wages.

In one landmark case, they represented a group of employees who were victims of systemic discrimination at a large corporation. Whether you're facing discrimination, wrongful termination, or any other employment issue, their aggressive approach is designed to put the opposing side on notice. Lawyers well-versed in employment law won't hesitate to push for your rights and can often anticipate the other side's moves.

They really listened and fought for what was fair.' This kind of testimony is what we strive for-it's not just about the legal victories, but about how we make our clients feel supported and heard. How does The Lacy Employment Law Firm ensure your case stands out? These include enhanced protections against workplace discrimination, improved standards for employee privacy, and more comprehensive approaches to handling harassment allegations.

This expansion isn't just about numbers; it's about enriching their firm with diverse perspectives and skills to better serve you. This recognition places them among the elite in Employment Law Lawyer Pittsburgh's legal community, showcasing their dedication to defending employees' rights with unparalleled skill and commitment.

Trade secret protection

  1. Trade secret protection
  2. Severance negotiation services
  3. Human resources legal advice
  4. HR outsourcing legal services
  5. Employment law compliance
  6. Title VII discrimination lawyer
  7. Employment tribunal representation
  8. Employment lawyer free consultation
  9. Workplace retaliation lawyer
  10. Workplace litigation
  11. Contract employee rights
  12. Collective bargaining agreements
  13. Small business employment law
  14. Workplace investigation services
  15. HR compliance training
  16. Staff management legal advice
  17. Layoff and reduction legal advice
Beyond their courtroom victories, Lacy Employment Law Firm also makes a significant impact through their dedicated community involvement.

Workplace Discrimination Lawyer Employment Law Lawyer Pittsburgh

With their support, you're not just a victim; you're a champion for justice, taking a stand against workplace discrimination with the best in your corner. Workplace retaliation lawyer Their expertise spans a wide range of issues, from wrongful termination and discrimination to wage disputes and contract negotiations. With Lacy Employment Law Firm by your side, you're not just getting legal representation; you're partnering with advocates who are committed to fighting for your rights and achieving the best possible outcome. Whether it's sponsoring local events, offering free legal clinics, or engaging in volunteer work, the firm's commitment to community service is evident.

We're proud to be your choice and promise to continue serving you with the same level of excellence that's earned us our reputation.

Freelance worker legal services

  1. Employment tribunal representation
  2. Employment lawyer free consultation
  3. Workplace retaliation lawyer
  4. Workplace litigation
  5. Contract employee rights
  6. Collective bargaining agreements
  7. Small business employment law
  8. Workplace investigation services
  9. HR compliance training
  10. Staff management legal advice
  11. Layoff and reduction legal advice
  12. Pregnancy discrimination attorney
  13. Workplace violence prevention
  14. Family and Medical Leave Act attorney
  15. Disability discrimination lawyer
  16. Employment law risk assessment
  17. Employment law seminars
  18. Employment law firm
  19. Employment law mediation
You'll find their trophy case isn't just about decoration; it's a testament to their hard work, dedication, and the trust they've built with their clients. With our expertise, we're not just your lawyers; we're your allies, ensuring your voice is heard and your rights are upheld.

That's where their dedication to justice makes a tangible difference. With Lacy Employment Law Firm by your side, you're equipped with the expertise needed to secure the justice you deserve. They also prioritize clear communication, breaking down legal jargon into understandable language.

They've learned from past cases which strategies are most likely to lead to a favorable settlement or court decision. If you find yourself in this situation, it's vital to seek experienced legal counsel to assess your case and guide you through your next steps. By doing so, we safeguard not only your current position but also your overall career trajectory. Employment law compliance

Workplace Discrimination Lawyer Employment Law Lawyer Pittsburgh
Employment Law Lawyer Pittsburgh Workplace Legal Advocate

This ensures you can have a real-time conversation with someone who can guide you on the next steps. Our efforts haven't only resulted in substantial settlements for our clients but have also led to the implementation of improved workplace policies across various industries. By choosing them, you're aligning with a team that's passionate about driving positive change, both locally and beyond. What sets him apart is his ability to tailor his approach to each unique case, ensuring personalized attention and advocacy for every client. They've crafted a reputation for going above and beyond, fighting tirelessly for justice and fair treatment in the workplace.

Our approach is always tailored to your unique situation, leveraging our extensive knowledge to secure the best possible outcome. The Lacy Employment Law Firm didn't back down. Our commitment to you goes beyond mere representation. We're not afraid to challenge the status quo or take on complex cases that demand a new way of thinking.

Our focus on rights protection means we're always on top of the latest employment law developments, ensuring you're defended against any form of workplace injustice. Our thorough understanding of wage and hour laws enabled us to recover the unpaid wages, highlighting our commitment to fairness in the workplace.

Workplace litigation

  1. HR compliance training
  2. Staff management legal advice
  3. Layoff and reduction legal advice
  4. Pregnancy discrimination attorney
  5. Workplace violence prevention
  6. Family and Medical Leave Act attorney
  7. Disability discrimination lawyer
  8. Freelance worker legal services
  9. Employment law risk assessment
  10. Employment law seminars
  11. Employment law firm
  12. Employment law mediation
  13. Trade secret protection
  14. Severance negotiation services
  15. Human resources legal advice
  16. HR outsourcing legal services
  17. Employment law compliance
  18. Title VII discrimination lawyer
Our involvement doesn't stop there. It's here that the firm shines, turning daunting legal battles into stories of victory.

Our team specializes in a wide range of employment-related matters, from wrongful termination and discrimination to harassment and wage disputes. It's about transforming challenges into victories, and with the right help, you're more than capable of achieving just that. We've spent years mastering the intricacies of both federal and state employment regulations, ensuring you're represented by attorneys who don't just know the law but live and breathe it. Workplace litigation You can connect with The Lacy Employment Law Firm through various channels.



Trade secret protection

  1. Disability discrimination lawyer
  2. Employment tribunal representation
  3. Employment lawyer free consultation
  4. Workplace retaliation lawyer
  5. Workplace litigation
  6. Contract employee rights
  7. Collective bargaining agreements
  8. Small business employment law
  9. Workplace investigation services
  10. HR compliance training
  11. Staff management legal advice
  12. Layoff and reduction legal advice
  13. Pregnancy discrimination attorney
  14. Workplace violence prevention
  15. Family and Medical Leave Act attorney
  16. Disability discrimination lawyer
Work Hour Violation Attorney Employment Law Lawyer Pittsburgh

You've seen them go to bat for employees facing discrimination, harassment, and wrongful termination, achieving results that not only benefit their clients but also set precedents for future cases. They're not just resting on their laurels but are geared up for continued growth, advocacy, and success in the fight for fairness in the workplace. The firm not only won a significant compensation for the client but also ensured that the company implemented new policies to support disabled employees better. You're probably wondering, 'How do I even start?' First, document everything. Dispute resolution lawyer You've likely heard the buzz about their recent accolades, positioning them among the top employment law firms in the city.
With a storied history of battling against workplace injustices, their journey from a fledgling office to a powerhouse of legal expertise is nothing short of inspirational. Their approach isn't about merely going through the motions; it's about championing your cause with unwavering commitment. They understand the impact of employment issues on your life and livelihood, and they treat your case with the seriousness it deserves. You can trust that we're always up to date with the latest legal developments and strategies to strengthen your case.
They understand that for you, it's more than just a legal battle-it's a fight for your reputation, your career, and your future. Moreover, we're not just reactive; we're proactive. Whether it's through mentoring young professionals or participating in local clean-ups, their dedication to community service shines brightly. Lacy Law's reputation for integrity and excellence in Employment Law Lawyer Pittsburgh is no accident; it's the result of relentless dedication to their clients' success and well-being.
You've likely faced workplace injustices or know someone who has. Lastly, consider mediation as a viable option before heading to court. They understand that earning a fair wage isn't just about numbers on a paycheck; it's about respect, dignity, and justice in the workplace. Gathering evidence is crucial.

Employment law risk assessment

  • Severance negotiation services
  • Human resources legal advice
  • HR outsourcing legal services
  • Employment law compliance
  • Title VII discrimination lawyer
  • Employment tribunal representation
  • Employment lawyer free consultation
  • Workplace retaliation lawyer
  • Workplace litigation
  • Contract employee rights
  • Collective bargaining agreements
  • Small business employment law
  • Workplace investigation services
  • HR compliance training
  • Staff management legal advice
  • Layoff and reduction legal advice
  • Pregnancy discrimination attorney
  • Workplace violence prevention
  • Family and Medical Leave Act attorney
  • Disability discrimination lawyer

Learn more about Employment Law Lawyer Pittsburgh here
Work Hour Violation Attorney Employment Law Lawyer Pittsburgh

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work.[1] Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.

Employees and employers

[edit]

An employee contributes labour and expertise to an endeavor of an employer or of a person conducting a business or undertaking (PCB)[2] and is usually hired to perform specific duties which are packaged into a job. In a corporate context, an employee is a person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.[3]

Independent contractor

[edit]

An issue that arises in most companies, especially the ones that are in the gig economy, is the classification of workers. A lot of workers that fulfill gigs are often hired as independent contractors.

To categorize a worker as an independent contractor rather than an employee, an independent contractor must agree with the client on what the finished work product will be and then the contractor controls the means and manner of achieving the desired outcome. Secondly, an independent contractor offers services to the public at large, not just to one business, and is responsible for disbursing payments from the client, paying unreimbursed expenses, and providing his or her own tools to complete the job. Third, the relationship of the parties is often evidenced by a written agreement that specifies that the worker is an independent contractor and is not entitled to employee benefits; the services provided by the worker are not key to the business; and the relationship is not permanent.[4]

As a general principle of employment law, in the United States, there is a difference between an agent and an independent contractor. The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test.[5][6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.

Provided key circumstances, including ones such as that the worker is paid regularly, follows set hours of work, is supplied with tools from the employer, is closely monitored by the employer, acting on behalf of the employer, only works for one employer at a time, they are considered an employee,[7] and the employer will generally be liable for their actions and be obliged to give them benefits.[8] Similarly, the employer is the owner of any invention created by an employee "hired to invent", even in the absence of an assignment of inventions. In contrast, a company commissioning a work by an independent contractor will not own the copyright unless the company secures either a written contract stating that it is a "work made for hire" or a written assignment of the copyright. In order to stay protected and avoid lawsuits, an employer has to be aware of that distinction.[4]

Employer–worker relationship

[edit]

Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labor productivity in order to achieve a profitable and productive employment relationship.

Labor acquisition / hiring

[edit]

The main ways for employers to find workers and for people to find employers are via jobs listings in newspapers (via classified advertising) and online, also called job boards. Employers and job seekers also often find each other via professional recruitment consultants which receive a commission from the employer to find, screen and select suitable candidates. However, a study has shown that such consultants may not be reliable when they fail to use established principles in selecting employees.[1] A more traditional approach is with a "Help Wanted" sign in the establishment (usually hung on a window or door[9] or placed on a store counter).[3] Evaluating different employees can be quite laborious but setting up different techniques to analyze their skills to measure their talents within the field can be best through assessments. Employer and potential employee commonly take the additional step of getting to know each other through the process of a job interview.

Training and development

[edit]
Wiki-training with employees of Regional Institute of Culture in Katowice 02

Training and development refers to the employer's effort to equip a newly hired employee with the necessary skills to perform at the job, and to help the employee grow within the organization. An appropriate level of training and development helps to improve employee's job satisfaction.[10]

Remuneration

[edit]

There are many ways that employees are paid, including by hourly wages, by piecework, by yearly salary, or by gratuities (with the latter often being combined with another form of payment). In sales jobs and real estate positions, the employee may be paid a commission, a percentage of the value of the goods or services that they have sold. In some fields and professions (e.g., executive jobs), employees may be eligible for a bonus if they meet certain targets. Some executives and employees may be paid in shares or stock options, a compensation approach that has the added benefit, from the company's point of view, of helping to align the interests of the compensated individual with the performance of the company.

Under the faithless servant doctrine, a doctrine under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[11][12][13][14][15]

Employee benefits

[edit]

Employee benefits are various non-wage compensation provided to employees in addition to their wages or salaries. The benefits can include: housing (employer-provided or employer-paid), group insurance (health, dental, life etc.), disability income protection, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits. In some cases, such as with workers employed in remote or isolated regions, the benefits may include meals. Employee benefits can improve the relationship between employee and employer and lowers staff turnover.[16]

Organizational justice

[edit]

Organizational justice is an employee's perception and judgement of employer's treatment in the context of fairness or justice. The resulting actions to influence the employee-employer relationship is also a part of organizational justice.[16]

Workforce organizing

[edit]

Employees can organize into trade or labor unions, which represent the workforce to collectively bargain with the management of organizations about working, and contractual conditions and services.[17]

Ending employment

[edit]

Usually, either an employee or employer may end the relationship at any time, often subject to a certain notice period. This is referred to as at-will employment. The contract between the two parties specifies the responsibilities of each when ending the relationship and may include requirements such as notice periods, severance pay, and security measures.[17] A contract forbidding an employee from leaving their employment, under penalty of a surety bond, is referred to as an employment bond. In some professions, notably teaching, civil servants, university professors, and some orchestra jobs, some employees may have tenure, which means that they cannot be dismissed at will. Another type of termination is a layoff.

Wage labor

[edit]
Worker assembling rebar for a water treatment plant in Mazatlan, Sinaloa, Mexico

Wage labor is the socioeconomic relationship between a worker and an employer, where the worker sells their labor under a formal or informal employment contract. These transactions usually occur in a labor market where wages are market-determined.[10][16] In exchange for the wages paid, the work product generally becomes the undifferentiated property of the employer, except for special cases such as the vesting of intellectual property patents in the United States where patent rights are usually vested in the original personal inventor. A wage laborer is a person whose primary means of income is from the selling of his or her labor in this way.[17]

In modern mixed economies such as that of the OECD countries, it is currently the dominant form of work arrangement. Although most work occurs following this structure, the wage work arrangements of CEOs, professional employees, and professional contract workers are sometimes conflated with class assignments, so that "wage labor" is considered to apply only to unskilled, semi-skilled or manual labor.[18]

Wage slavery

[edit]

Wage labor, as institutionalized under today's market economic systems, has been criticized,[17] especially by socialists,[18][19][20][21] using the pejorative term wage slavery.[22][23] Socialists draw parallels between the trade of labor as a commodity and slavery. Cicero is also known to have suggested such parallels.[24]

The American philosopher John Dewey posited that until "industrial feudalism" is replaced by "industrial democracy", politics will be "the shadow cast on society by big business".[25] Thomas Ferguson has postulated in his investment theory of party competition that the undemocratic nature of economic institutions under capitalism causes elections to become occasions when blocs of investors coalesce and compete to control the state plus cities.[26]

American business theorist Jeffrey Pfeffer posits that contemporary employment practices and employer commonalities in the United States, including toxic working environments, job insecurity, long hours and increased performance pressure from management, are responsible for 120,000 excess deaths annually, making the workplace the fifth leading cause of death in the United States.[27][28]

Employment contract

[edit]

Australia

[edit]

Australian employment has been governed by the Fair Work Act since 2009.[29]

Bangladesh

[edit]

Bangladesh Association of International Recruiting Agencies (BAIRA) is an association of national level with its international reputation of co-operation and welfare of the migrant workforce as well as its approximately 1200 members agencies in collaboration with and support from the Government of Bangladesh.[18]

Canada

[edit]

In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour. In the province of Quebec, grievances can be filed with the Commission des normes du travail.[21]

Germany

[edit]

Two of the prominent examples of work and employment contracts in Germany are the Werksvertrag[30][31] or the Arbeitsvertrag,[32][33][34][35] which is a form of Dienstleistungsvertrag (service-oriented contract). An Arbeitsvertrag can also be temporary,[36] whereas a temporary worker is working under Zeitarbeit[37] or Leiharbeit.[38] Another employment setting is Arbeitnehmerüberlassung (ANÜ).[39][40][41]

India

[edit]

India has options for a fixed term contract or a permanent contract. Both contracts are entitled to minimum wages, fixed working hours and social security contributions.[21]

Pakistan

[edit]

Pakistan has no contract Labor, Minimum Wage and Provident Funds Acts. Contract labor in Pakistan must be paid minimum wage and certain facilities are to be provided to labor. However, the Acts are not yet fully implemented.[18]

Philippines

[edit]

In the Philippines, employment is regulated by the Department of Labor and Employment.[42]

Sweden

[edit]

According to Swedish law,[43] there are three types of employment.

  • Test employment (Swedish: Provanställning), where the employer hires a person for a test period of 6 months maximum. The employment can be ended at any time without giving any reason. This type of employment can be offered only once per employer and in employee combination. Usually, a time limited or normal employment is offered after a test employment.[44]
  • Time limited employment (Swedish: Tidsbegränsad anställning). The employer hires a person for a specified time. Usually, they are extended for a new period. Total maximum two years per employer and employee combination, then it automatically counts as a normal employment.
  • Normal employment (Swedish: Tillsvidareanställning / Fast anställning), which has no time limit (except for retirement etc.). It can still be ended for two reasons: personal reason, immediate end of employment only for strong reasons such as crime, or lack of work tasks (Swedish: Arbetsbrist), cancellation of employment, usually because of bad income for the company. There is a cancellation period of 1–6 months, and rules for how to select employees, basically those with shortest employment time shall be cancelled first.[44]

There are no laws about minimum salary in Sweden. Instead, there are agreements between employer organizations and trade unions about minimum salaries, and other employment conditions.

There is a type of employment contract which is common but not regulated in law, and that is Hour employment (Swedish: Timanställning), which can be Normal employment (unlimited), but the work time is unregulated and decided per immediate need basis. The employee is expected to be answering the phone and come to work when needed, e.g. when someone is ill and absent from work. They will receive salary only for actual work time and can in reality be fired for no reason by not being called anymore. This type of contract is common in the public sector.[44]

United Kingdom

[edit]
A call centre worker confined to a small workstation/booth

In the United Kingdom, employment contracts are categorized by the government into the following types:[45]

United States

[edit]
All employees, private industries, by branches

For purposes of U.S. federal income tax withholding, 26 U.S.C. § 3401(c) provides a definition for the term "employee" specific to chapter 24 of the Internal Revenue Code:

Government employment as % of total employment in EU

"For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."[46] This definition does not exclude all those who are commonly known as 'employees'. "Similarly, Latham's instruction which indicated that under 26 U.S.C. § 3401(c) the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others."[47]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case of Brown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose of discrimination laws if they work for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[42]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor.[48]

Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger unions also typically engage in lobbying activities and electioneering at the state and federal level.[42]

Most unions in America are aligned with one of two larger umbrella organizations: the AFL–CIO created in 1955, and the Change to Win Federation which split from the AFL–CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL–CIO is especially concerned with global trade issues.[26]

[edit]

Younger age workers

[edit]
Youth employment rate in the US, i.e. the ratio of employed persons (15–24Y) in an economy to total labor force (15–24Y)[49]

Young workers are at higher risk for occupational injury and face certain occupational hazards at a higher rate; this is generally due to their employment in high-risk industries. For example, in the United States, young people are injured at work at twice the rate of their older counterparts.[50] These workers are also at higher risk for motor vehicle accidents at work, due to less work experience, a lower use of seat belts, and higher rates of distracted driving.[51][52] To mitigate this risk, those under the age of 17 are restricted from certain types of driving, including transporting people and goods under certain circumstances.[51]

High-risk industries for young workers include agriculture, restaurants, waste management, and mining.[50][51] In the United States, those under the age of 18 are restricted from certain jobs that are deemed dangerous under the Fair Labor Standards Act.[51]

Youth employment programs are most effective when they include both theoretical classroom training and hands-on training with work placements.[53]

In the conversation of employment among younger aged workers, youth unemployment has also been monitored. Youth unemployment rates tend to be higher than the adult rates in every country in the world.[54]

Older age workers

[edit]

Those older than the statutory defined retirement age may continue to work, either out of enjoyment or necessity. However, depending on the nature of the job, older workers may need to transition into less-physical forms of work to avoid injury. Working past retirement age also has positive effects, because it gives a sense of purpose and allows people to maintain social networks and activity levels.[55] Older workers are often found to be discriminated against by employers.[56]

Working poor

[edit]
A worker in Dhaka, Bangladesh

Employment is no guarantee of escaping poverty, the International Labour Organization (ILO) estimates that as many as 40% of workers are poor, not earning enough to keep their families above the $2 a day poverty line.[44] For instance, in India most of the chronically poor are wage earners in formal employment, because their jobs are insecure and low paid and offer no chance to accumulate wealth to avoid risks.[44] According to the UNRISD, increasing labor productivity appears to have a negative impact on job creation: in the 1960s, a 1% increase in output per worker was associated with a reduction in employment growth of 0.07%, by the first decade of this century the same productivity increase implies reduced employment growth by 0.54%.[44] Both increased employment opportunities and increased labor productivity (as long as it also translates into higher wages) are needed to tackle poverty. Increases in employment without increases in productivity leads to a rise in the number of "working poor", which is why some experts are now promoting the creation of "quality" and not "quantity" in labor market policies.[44] This approach does highlight how higher productivity has helped reduce poverty in East Asia, but the negative impact is beginning to show.[44] In Vietnam, for example, employment growth has slowed while productivity growth has continued.[44] Furthermore, productivity increases do not always lead to increased wages, as can be seen in the United States, where the gap between productivity and wages has been rising since the 1980s.[44] Oxfam and social scientist Mark Robert Rank have argued that the economy of the United States is failing to provide jobs that can adequately support families.[57][58] According to sociologist Matthew Desmond, the US "offers some of the lowest wages in the industrialized world," which has "swelled the ranks of the working poor, most of whom are thirty-five or older."[59]

Researchers at the Overseas Development Institute argue that there are differences across economic sectors in creating employment that reduces poverty.[44] 24 instances of growth were examined, in which 18 reduced poverty. This study showed that other sectors were just as important in reducing unemployment, such as manufacturing.[44] The services sector is most effective at translating productivity growth into employment growth. Agriculture provides a safety net for jobs and economic buffer when other sectors are struggling.[44]

Growth, employment and poverty[44]
  Number of
episodes
Rising
agricultural
employment
Rising
industrial
employment
Rising
services
employment
Growth episodes associated with falling poverty rates
18
6
10
15
Growth episodes associated with no fall in poverty rates
6
2
3
1

Models of the employment relationship

[edit]

Scholars conceptualize the employment relationship in various ways.[60] A key assumption is the extent to which the employment relationship necessarily includes conflicts of interests between employers and employees, and the form of such conflicts.[61] In economic theorizing, the labor market mediates all such conflicts such that employers and employees who enter into an employment relationship are assumed to find this arrangement in their own self-interest. In human resource management theorizing, employers and employees are assumed to have shared interests (or a unity of interests, hence the label “unitarism”). Any conflicts that exist are seen as a manifestation of poor human resource management policies or interpersonal clashes such as personality conflicts, both of which can and should be managed away. From the perspective of pluralist industrial relations, the employment relationship is characterized by a plurality of stakeholders with legitimate interests (hence the label “pluralism), and some conflicts of interests are seen as inherent in the employment relationship (e.g., wages v. profits). Lastly, the critical paradigm emphasizes antagonistic conflicts of interests between various groups (e.g., the competing capitalist and working classes in a Marxist framework) that are part of a deeper social conflict of unequal power relations. As a result, there are four common models of employment:[62]

  1. Mainstream economics: employment is seen as a mutually advantageous transaction in a free market between self-interested legal and economic equals
  2. Human resource management (unitarism): employment is a long-term partnership of employees and employers with common interests
  3. Pluralist industrial relations: employment is a bargained exchange between stakeholders with some common and some competing economic interests and unequal bargaining power due to imperfect labor markets[44]
  4. Critical industrial relations: employment is an unequal power relation between competing groups that is embedded in and inseparable from systemic inequalities throughout the socio-politico-economic system.

These models are important because they help reveal why individuals hold differing perspectives on human resource management policies, labor unions, and employment regulation.[63] For example, human resource management policies are seen as dictated by the market in the first view, as essential mechanisms for aligning the interests of employees and employers and thereby creating profitable companies in the second view, as insufficient for looking out for workers’ interests in the third view, and as manipulative managerial tools for shaping the ideology and structure of the workplace in the fourth view.[64]

Academic literature

[edit]

Literature on the employment impact of economic growth and on how growth is associated with employment at a macro, sector and industry level was aggregated in 2013.[65]

Researchers found evidence to suggest growth in manufacturing and services have good impact on employment. They found GDP growth on employment in agriculture to be limited, but that value-added growth had a relatively larger impact.[44] The impact on job creation by industries/economic activities as well as the extent of the body of evidence and the key studies. For extractives, they again found extensive evidence suggesting growth in the sector has limited impact on employment. In textiles, however, although evidence was low, studies suggest growth there positively contributed to job creation. In agri-business and food processing, they found impact growth to be positive.[65]

They found that most available literature focuses on OECD and middle-income countries somewhat, where economic growth impact has been shown to be positive on employment. The researchers didn't find sufficient evidence to conclude any impact of growth on employment in LDCs despite some pointing to the positive impact, others point to limitations. They recommended that complementary policies are necessary to ensure economic growth's positive impact on LDC employment. With trade, industry and investment, they only found limited evidence of positive impact on employment from industrial and investment policies and for others, while large bodies of evidence does exist, the exact impact remains contested.[65]

Researchers have also explored the relationship between employment and illicit activities. Using evidence from Africa, a research team found that a program for Liberian ex-fighters reduced work hours on illicit activities. The employment program also reduced interest in mercenary work in nearby wars. The study concludes that while the use of capital inputs or cash payments for peaceful work created a reduction in illicit activities, the impact of training alone is rather low.[66]

Globalization and employment relations

[edit]

The balance of economic efficiency and social equity is the ultimate debate in the field of employment relations.[67] By meeting the needs of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be a continuous revolving issue in westernized societies.[67]

Globalization has affected these issues by creating certain economic factors that disallow or allow various employment issues. Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect employment relations:

  1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wage disparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrialized nations, towards low-waged countries.[67]
  2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job losses in uncompetitive industries outstrip job opportunities in new industries.
  3. Workers will be forced to accept worsening wages and conditions, as a global labor market results in a “race to the bottom”. Increased international competition creates a pressure to reduce the wages and conditions of workers.[67]
  4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulate economic activity is reduced.

What also results from Lee's (1996) findings is that in industrialized countries an average of almost 70 per cent of workers are employed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labor force, that are growing in non standard forms of employment (Markey, R. et al. 2006).[67]

Alternatives

[edit]

Subcultures

[edit]

Various youth subcultures have been associated with not working, such as the hippie subculture in the 1960s and 1970s (which endorsed the idea of "dropping out" of society) and the punk subculture.

Post-secondary education

[edit]

One of the alternatives to work is engaging in post-secondary education at a college, university or professional school. One of the major costs of obtaining a post-secondary education is the opportunity cost of forgone wages due to not working. At times when jobs are hard to find, such as during recessions, unemployed individuals may decide to get post-secondary education, because there is less of an opportunity cost.

Social assistance

[edit]

In some countries, individuals who are not working can receive social assistance support (e.g., welfare or food stamps) to enable them to rent housing, buy food, repair or replace household goods, maintenance of children and observe social customs that require financial expenditure.

Volunteerism

[edit]

Workers who are not paid wages, such as volunteers who perform tasks for charities, hospitals or not-for-profit organizations, are generally not considered employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.[68]

Indentured servitude and slavery

[edit]

Those who work under obligation for the purpose of fulfilling a debt, such as indentured servants, or as property of the person or entity they work for, such as slaves, do not receive pay for their services and are not considered employed. Some historians[which?] suggest that slavery is older than employment, but both arrangements have existed for all recorded history.[citation needed] Indentured servitude and slavery are not considered compatible with human rights or with democracy.[68]

Self-employment

[edit]
 

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity (called trading even when referring to the provision of a service) but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership.

Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate. In some countries, such as the United States and the United Kingdom, the authorities are placing more emphasis on clarifying whether an individual is self-employed or engaged in disguised employment, in other words pretending to be in a contractual intra-business relationship to hide what is in fact an employer-employee relationship.

Statistics

[edit]

See also

[edit]

Notes and references

[edit]
  1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
  2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
  3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
  4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
  5. ^ "ABC test". Legal Information Institute (LII). Retrieved 2022-10-06.
  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
  7. ^ "Overview of Independent Contractor Guidelines". Findlaw. Retrieved 2020-03-30.
  8. ^ "Employer Liability for Employee Conduct". Findlaw. Retrieved 2020-03-30.
  9. ^ J. Mayhew Wainwright (1910). Report to the Legislature of the State of New York by the Commission appointed under Chapter 518 of the laws of 1909 to inquire into the question of employers' liability and other matters (Report). J. B. Lyon Company. pp. 11, 50, 144.
  10. ^ a b Deakin, Simon; Wilkinson, Frank (2005). The Law of the Labour Market (PDF). Oxford University Press.
  11. ^ Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN 978-1-5438-0106-4 – via Google Books.
  12. ^ Annual Institute on Employment Law. Vol. 2. Practising Law Institute. 2004 – via Google Books.
  13. ^ New York Jurisprudence 2d. Vol. 52. West Group. 2009 – via Google Books.
  14. ^ Labor Cases. Vol. 158. Commerce Clearing House. 2009 – via Google Books.
  15. ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
  16. ^ a b c Marx, Karl (1847). "Chapter 2". Wage Labour and Capital.
  17. ^ a b c d Ellerman 1992.
  18. ^ a b c d Ostergaard 1997, p. 133.
  19. ^ Thompson 1966, p. 599.
  20. ^ Thompson 1966, p. 912.
  21. ^ a b c Lazonick, William (1990). Competitive Advantage on the Shop Floor. Cambridge, MA: Harvard University Press. p. 37. ISBN 978-0-674-15416-2.
  22. ^ "wage slave". merriam-webster.com. Retrieved 4 March 2013.
  23. ^ "wage slave". Dictionary.com Unabridged (Online). n.d.
  24. ^ "...vulgar are the means of livelihood of all hired workmen whom we pay for mere manual labour, not for artistic skill; for in their case the very wage they receive is a pledge of their slavery." – De Officiis [1]
  25. ^ "As long as politics is the shadow cast on society by big business, the attenuation of the shadow will not change the substance", in "The Need for a New Party" (1931), Later Works 6, p163
  26. ^ a b Ferguson 1995.
  27. ^ Pfeffer, Jeffrey (2018). Dying for a Paycheck: How Modern Management Harms Employee Health and Company Performance – and What We Can Do About It. HarperBusiness. p. 38. ISBN 978-0-06-280092-3.
  28. ^ McGregor, Jena (March 22, 2018). "This professor says the workplace is the fifth leading cause of death in the U.S." The Washington Post. Retrieved June 7, 2023.
  29. ^ "House of Reps seals 'death' of WorkChoices". ABC News. Australian Broadcasting Corporation. 2008-03-19. Retrieved 2014-02-15.
  30. ^ Gross, Willi; Söhnlein, Walter (1990), Gross, Willi; Söhnlein, Walter (eds.), "Werkvertrag", Bürgerliches Recht 3: Fall · Systematik · Lösung · Schuldrecht · Besonderer Teil. Kauf und Tausch · Schenkung · Miete und Pacht · Leihe · Verwahrung · Darlehen · Bürgschaft · Dienst- und Werkvertrag (in German), Wiesbaden: Gabler Verlag, pp. 127–135, doi:10.1007/978-3-322-99402-8_13, ISBN 978-3-322-99402-8, retrieved 2021-04-11
  31. ^ "§ 631 BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  32. ^ "Arbeitsrecht". Recht – Schnell Erfasst. 2006. doi:10.1007/3-540-32544-1. ISBN 3-540-32541-7.
  33. ^ Höhl, Rebekka (2017). "Kollegen anstellen: Was beim Arbeitsvertrag zu beachten ist!". Uro-News (in German). 21: 45. doi:10.1007/s00092-017-1358-0.
  34. ^ "§ 611a BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  35. ^ "Links zu Musterverträgen". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
  36. ^ "Arbeitsvertrag (Befristet)". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
  37. ^ "Zeitarbeit: Infos und Stellen | Bundesagentur für Arbeit". www.arbeitsagentur.de. Retrieved 2024-05-17.
  38. ^ "Zeitarbeit = Leiharbeit: häufige Fragen – Bundesagentur für Arbeit". www.arbeitsagentur.de. Retrieved 2021-04-11.
  39. ^ Auer, M.; Egglmeier-Schmolke, B. (2009-10-01). "Arbeitnehmerüberlassung aus Deutschland im Bereich des Baugewerbes". Baurechtliche Blätter (in German). 12 (5): 199. doi:10.1007/s00738-009-0718-x. ISSN 1613-7612. S2CID 176538819.
  40. ^ Stieglmeier, Jacqueline (2005), Hök, Götz-Sebastian (ed.), "Internationales Arbeitsrecht", Handbuch des internationalen und ausländischen Baurechts (in German), Berlin, Heidelberg: Springer, pp. 361–368, doi:10.1007/3-540-27450-2_24, ISBN 978-3-540-27450-6, retrieved 2021-04-11
  41. ^ "AÜG – nichtamtliches Inhaltsverzeichnis". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  42. ^ a b c d "Brown v. J. Kaz, Inc., No. 08-2713 (3d Cir. Sept. 11, 2009)". Archived from the original on 2012-03-23. Retrieved 2010-01-23.
  43. ^ Lag om anställningsskydd (1982:80)
  44. ^ a b c d e f g h i j k l m n o p Claire Melamed, Renate Hartwig and Ursula Grant 2011. Jobs, growth and poverty: what do we know, what don't we know, what should we know? Archived May 20, 2011, at the Wayback Machine London: Overseas Development Institute
  45. ^ "Contract types and employer responsibilities". gov.uk. Retrieved 21 May 2014.
  46. ^ 26 U.S.C. § 3401(c)
  47. ^ United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985).
  48. ^ "Termination". United States Department of Labor. Archived from the original on 27 September 2012. Retrieved 27 September 2012.
  49. ^ "Bluenomics". Archived from the original on 2014-11-17.
  50. ^ a b "Young Worker Safety and Health". www.cdc.gov. CDC NIOSH Workplace Safety and Health Topic. Retrieved 2015-06-15.
  51. ^ a b c d "Work-Related Motor Vehicle Crashes" (PDF). NIOSH Publication 2013-153. NIOSH. September 2013.
  52. ^ "Work-Related Motor Vehicle Crashes: Preventing Injury to Young Drivers" (PDF). NIOSH Publication 2013-152. NIOSH. September 2013.
  53. ^ Joseph Holden, Youth employment programmes – What can be learnt from international experience with youth employment programmes? Economic and private sector professional evidence and applied knowledge services https://partnerplatform.org/?fza26891
  54. ^ Pastore, Francesco (2018-01-23). "Why is youth unemployment so high and different across countries?". IZA World of Labor. doi:10.15185/izawol.420.
  55. ^ Chosewood, L. Casey (May 3, 2011). "When It Comes to Work, How Old Is Too Old?". NIOSH: Workplace Safety and Health. Medscape and NIOSH.
  56. ^ Baert, Stijn (February 20, 2016). "Getting Grey Hairs in the Labour Market: An Alternative Experiment on Age Discrimination". Journal of Economic Psychology. 57: 86–101. doi:10.1016/j.joep.2016.10.002. hdl:10419/114164. S2CID 38265879.
  57. ^ Henderson, Kaitlyn (May 3, 2023). "Where hard work doesn't pay off: An index of US labor policies compared to peer nations". Oxfam. Retrieved February 18, 2024. The US is falling drastically behind similar countries in mandating adequate wages, protections, and rights for millions of workers and their families. The wealthiest country in the world is near the bottom of every dimension of this index.
  58. ^ Rank, Mark Robert (2023). The Poverty Paradox: Understanding Economic Hardship Amid American Prosperity. Oxford University Press. pp. 4, 121. ISBN 978-0190212636. The tendency of our free market economy has been to produce a growing number of jobs that will no longer support a family. In addition, the basic nature of capitalism ensures that unemployment exists at modest levels. Both of these directly result in a shortage of economic opportunities in American society. In addition, the absence of social supports stems from failings at the political and policy levels. The United States has traditionally lacked the political desire to put in place effective policies and programs that would support the economically vulnerable. Structural failing at the economic and political levels have therefore produced a lack of opportunities and supports, resulting in high rates of American poverty.
  59. ^ Desmond, Matthew (2023). Poverty, by America. Crown Publishing Group. p. 62. ISBN 9780593239919.
  60. ^ Kaufman, Bruce E. (2004) Theoretical Perspectives on Work and the Employment Relationship, Industrial Relations Research Association.
  61. ^ Fox, Alan (1974) Beyond Contract: Work, Power and Trust Relations, Farber and Farber.
  62. ^ Budd, John W. and Bhave, Devasheesh (2008) "Values, Ideologies, and Frames of Reference in Industrial Relations," in Sage Handbook of Industrial Relations, Sage.
  63. ^ Befort, Stephen F. and Budd, John W. (2009) Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus, Stanford University Press.
  64. ^ Budd, John W. and Bhave, Devasheesh (2010) "The Employment Relationship," in Sage Handbook of Handbook of Human Resource Management, Sage.
  65. ^ a b c Yurendra Basnett and Ritwika Sen, What do empirical studies say about economic growth and job creation in developing countries? Economic and private sector professional evidence and applied knowledge services https://partnerplatform.org/?7ljwndv4
  66. ^ Blattman, Christopher; Annan, Jeannie (2016-02-01). "Can Employment Reduce Lawlessness and Rebellion? A Field Experiment with High-Risk Men in a Fragile State". American Political Science Review. 110 (1): 1–17. doi:10.1017/S0003055415000520. ISSN 0003-0554. S2CID 229170512.
  67. ^ a b c d e Budd, John W. (2004) Employment with a Human Face: Balancing Efficiency, Equity, and Voice, Cornell University Press.
  68. ^ a b Rayasam, Renuka (24 April 2008). "Why Workplace Democracy Can Be Good Business". U.S. News & World Report. Retrieved 16 August 2010.

General bibliography

[edit]
[edit]

 

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work.[1] Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.

Employees and employers

[edit]

An employee contributes labour and expertise to an endeavor of an employer or of a person conducting a business or undertaking (PCB)[2] and is usually hired to perform specific duties which are packaged into a job. In a corporate context, an employee is a person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.[3]

Independent contractor

[edit]

An issue that arises in most companies, especially the ones that are in the gig economy, is the classification of workers. A lot of workers that fulfill gigs are often hired as independent contractors.

To categorize a worker as an independent contractor rather than an employee, an independent contractor must agree with the client on what the finished work product will be and then the contractor controls the means and manner of achieving the desired outcome. Secondly, an independent contractor offers services to the public at large, not just to one business, and is responsible for disbursing payments from the client, paying unreimbursed expenses, and providing his or her own tools to complete the job. Third, the relationship of the parties is often evidenced by a written agreement that specifies that the worker is an independent contractor and is not entitled to employee benefits; the services provided by the worker are not key to the business; and the relationship is not permanent.[4]

As a general principle of employment law, in the United States, there is a difference between an agent and an independent contractor. The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test.[5][6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.

Provided key circumstances, including ones such as that the worker is paid regularly, follows set hours of work, is supplied with tools from the employer, is closely monitored by the employer, acting on behalf of the employer, only works for one employer at a time, they are considered an employee,[7] and the employer will generally be liable for their actions and be obliged to give them benefits.[8] Similarly, the employer is the owner of any invention created by an employee "hired to invent", even in the absence of an assignment of inventions. In contrast, a company commissioning a work by an independent contractor will not own the copyright unless the company secures either a written contract stating that it is a "work made for hire" or a written assignment of the copyright. In order to stay protected and avoid lawsuits, an employer has to be aware of that distinction.[4]

Employer–worker relationship

[edit]

Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labor productivity in order to achieve a profitable and productive employment relationship.

Labor acquisition / hiring

[edit]

The main ways for employers to find workers and for people to find employers are via jobs listings in newspapers (via classified advertising) and online, also called job boards. Employers and job seekers also often find each other via professional recruitment consultants which receive a commission from the employer to find, screen and select suitable candidates. However, a study has shown that such consultants may not be reliable when they fail to use established principles in selecting employees.[1] A more traditional approach is with a "Help Wanted" sign in the establishment (usually hung on a window or door[9] or placed on a store counter).[3] Evaluating different employees can be quite laborious but setting up different techniques to analyze their skills to measure their talents within the field can be best through assessments. Employer and potential employee commonly take the additional step of getting to know each other through the process of a job interview.

Training and development

[edit]
Wiki-training with employees of Regional Institute of Culture in Katowice 02

Training and development refers to the employer's effort to equip a newly hired employee with the necessary skills to perform at the job, and to help the employee grow within the organization. An appropriate level of training and development helps to improve employee's job satisfaction.[10]

Remuneration

[edit]

There are many ways that employees are paid, including by hourly wages, by piecework, by yearly salary, or by gratuities (with the latter often being combined with another form of payment). In sales jobs and real estate positions, the employee may be paid a commission, a percentage of the value of the goods or services that they have sold. In some fields and professions (e.g., executive jobs), employees may be eligible for a bonus if they meet certain targets. Some executives and employees may be paid in shares or stock options, a compensation approach that has the added benefit, from the company's point of view, of helping to align the interests of the compensated individual with the performance of the company.

Under the faithless servant doctrine, a doctrine under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[11][12][13][14][15]

Employee benefits

[edit]

Employee benefits are various non-wage compensation provided to employees in addition to their wages or salaries. The benefits can include: housing (employer-provided or employer-paid), group insurance (health, dental, life etc.), disability income protection, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits. In some cases, such as with workers employed in remote or isolated regions, the benefits may include meals. Employee benefits can improve the relationship between employee and employer and lowers staff turnover.[16]

Organizational justice

[edit]

Organizational justice is an employee's perception and judgement of employer's treatment in the context of fairness or justice. The resulting actions to influence the employee-employer relationship is also a part of organizational justice.[16]

Workforce organizing

[edit]

Employees can organize into trade or labor unions, which represent the workforce to collectively bargain with the management of organizations about working, and contractual conditions and services.[17]

Ending employment

[edit]

Usually, either an employee or employer may end the relationship at any time, often subject to a certain notice period. This is referred to as at-will employment. The contract between the two parties specifies the responsibilities of each when ending the relationship and may include requirements such as notice periods, severance pay, and security measures.[17] A contract forbidding an employee from leaving their employment, under penalty of a surety bond, is referred to as an employment bond. In some professions, notably teaching, civil servants, university professors, and some orchestra jobs, some employees may have tenure, which means that they cannot be dismissed at will. Another type of termination is a layoff.

Wage labor

[edit]
Worker assembling rebar for a water treatment plant in Mazatlan, Sinaloa, Mexico

Wage labor is the socioeconomic relationship between a worker and an employer, where the worker sells their labor under a formal or informal employment contract. These transactions usually occur in a labor market where wages are market-determined.[10][16] In exchange for the wages paid, the work product generally becomes the undifferentiated property of the employer, except for special cases such as the vesting of intellectual property patents in the United States where patent rights are usually vested in the original personal inventor. A wage laborer is a person whose primary means of income is from the selling of his or her labor in this way.[17]

In modern mixed economies such as that of the OECD countries, it is currently the dominant form of work arrangement. Although most work occurs following this structure, the wage work arrangements of CEOs, professional employees, and professional contract workers are sometimes conflated with class assignments, so that "wage labor" is considered to apply only to unskilled, semi-skilled or manual labor.[18]

Wage slavery

[edit]

Wage labor, as institutionalized under today's market economic systems, has been criticized,[17] especially by socialists,[18][19][20][21] using the pejorative term wage slavery.[22][23] Socialists draw parallels between the trade of labor as a commodity and slavery. Cicero is also known to have suggested such parallels.[24]

The American philosopher John Dewey posited that until "industrial feudalism" is replaced by "industrial democracy", politics will be "the shadow cast on society by big business".[25] Thomas Ferguson has postulated in his investment theory of party competition that the undemocratic nature of economic institutions under capitalism causes elections to become occasions when blocs of investors coalesce and compete to control the state plus cities.[26]

American business theorist Jeffrey Pfeffer posits that contemporary employment practices and employer commonalities in the United States, including toxic working environments, job insecurity, long hours and increased performance pressure from management, are responsible for 120,000 excess deaths annually, making the workplace the fifth leading cause of death in the United States.[27][28]

Employment contract

[edit]

Australia

[edit]

Australian employment has been governed by the Fair Work Act since 2009.[29]

Bangladesh

[edit]

Bangladesh Association of International Recruiting Agencies (BAIRA) is an association of national level with its international reputation of co-operation and welfare of the migrant workforce as well as its approximately 1200 members agencies in collaboration with and support from the Government of Bangladesh.[18]

Canada

[edit]

In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour. In the province of Quebec, grievances can be filed with the Commission des normes du travail.[21]

Germany

[edit]

Two of the prominent examples of work and employment contracts in Germany are the Werksvertrag[30][31] or the Arbeitsvertrag,[32][33][34][35] which is a form of Dienstleistungsvertrag (service-oriented contract). An Arbeitsvertrag can also be temporary,[36] whereas a temporary worker is working under Zeitarbeit[37] or Leiharbeit.[38] Another employment setting is Arbeitnehmerüberlassung (ANÜ).[39][40][41]

India

[edit]

India has options for a fixed term contract or a permanent contract. Both contracts are entitled to minimum wages, fixed working hours and social security contributions.[21]

Pakistan

[edit]

Pakistan has no contract Labor, Minimum Wage and Provident Funds Acts. Contract labor in Pakistan must be paid minimum wage and certain facilities are to be provided to labor. However, the Acts are not yet fully implemented.[18]

Philippines

[edit]

In the Philippines, employment is regulated by the Department of Labor and Employment.[42]

Sweden

[edit]

According to Swedish law,[43] there are three types of employment.

  • Test employment (Swedish: Provanställning), where the employer hires a person for a test period of 6 months maximum. The employment can be ended at any time without giving any reason. This type of employment can be offered only once per employer and in employee combination. Usually, a time limited or normal employment is offered after a test employment.[44]
  • Time limited employment (Swedish: Tidsbegränsad anställning). The employer hires a person for a specified time. Usually, they are extended for a new period. Total maximum two years per employer and employee combination, then it automatically counts as a normal employment.
  • Normal employment (Swedish: Tillsvidareanställning / Fast anställning), which has no time limit (except for retirement etc.). It can still be ended for two reasons: personal reason, immediate end of employment only for strong reasons such as crime, or lack of work tasks (Swedish: Arbetsbrist), cancellation of employment, usually because of bad income for the company. There is a cancellation period of 1–6 months, and rules for how to select employees, basically those with shortest employment time shall be cancelled first.[44]

There are no laws about minimum salary in Sweden. Instead, there are agreements between employer organizations and trade unions about minimum salaries, and other employment conditions.

There is a type of employment contract which is common but not regulated in law, and that is Hour employment (Swedish: Timanställning), which can be Normal employment (unlimited), but the work time is unregulated and decided per immediate need basis. The employee is expected to be answering the phone and come to work when needed, e.g. when someone is ill and absent from work. They will receive salary only for actual work time and can in reality be fired for no reason by not being called anymore. This type of contract is common in the public sector.[44]

United Kingdom

[edit]
A call centre worker confined to a small workstation/booth

In the United Kingdom, employment contracts are categorized by the government into the following types:[45]

United States

[edit]
All employees, private industries, by branches

For purposes of U.S. federal income tax withholding, 26 U.S.C. § 3401(c) provides a definition for the term "employee" specific to chapter 24 of the Internal Revenue Code:

Government employment as % of total employment in EU

"For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."[46] This definition does not exclude all those who are commonly known as 'employees'. "Similarly, Latham's instruction which indicated that under 26 U.S.C. § 3401(c) the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others."[47]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case of Brown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose of discrimination laws if they work for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[42]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor.[48]

Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger unions also typically engage in lobbying activities and electioneering at the state and federal level.[42]

Most unions in America are aligned with one of two larger umbrella organizations: the AFL–CIO created in 1955, and the Change to Win Federation which split from the AFL–CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL–CIO is especially concerned with global trade issues.[26]

[edit]

Younger age workers

[edit]
Youth employment rate in the US, i.e. the ratio of employed persons (15–24Y) in an economy to total labor force (15–24Y)[49]

Young workers are at higher risk for occupational injury and face certain occupational hazards at a higher rate; this is generally due to their employment in high-risk industries. For example, in the United States, young people are injured at work at twice the rate of their older counterparts.[50] These workers are also at higher risk for motor vehicle accidents at work, due to less work experience, a lower use of seat belts, and higher rates of distracted driving.[51][52] To mitigate this risk, those under the age of 17 are restricted from certain types of driving, including transporting people and goods under certain circumstances.[51]

High-risk industries for young workers include agriculture, restaurants, waste management, and mining.[50][51] In the United States, those under the age of 18 are restricted from certain jobs that are deemed dangerous under the Fair Labor Standards Act.[51]

Youth employment programs are most effective when they include both theoretical classroom training and hands-on training with work placements.[53]

In the conversation of employment among younger aged workers, youth unemployment has also been monitored. Youth unemployment rates tend to be higher than the adult rates in every country in the world.[54]

Older age workers

[edit]

Those older than the statutory defined retirement age may continue to work, either out of enjoyment or necessity. However, depending on the nature of the job, older workers may need to transition into less-physical forms of work to avoid injury. Working past retirement age also has positive effects, because it gives a sense of purpose and allows people to maintain social networks and activity levels.[55] Older workers are often found to be discriminated against by employers.[56]

Working poor

[edit]
A worker in Dhaka, Bangladesh

Employment is no guarantee of escaping poverty, the International Labour Organization (ILO) estimates that as many as 40% of workers are poor, not earning enough to keep their families above the $2 a day poverty line.[44] For instance, in India most of the chronically poor are wage earners in formal employment, because their jobs are insecure and low paid and offer no chance to accumulate wealth to avoid risks.[44] According to the UNRISD, increasing labor productivity appears to have a negative impact on job creation: in the 1960s, a 1% increase in output per worker was associated with a reduction in employment growth of 0.07%, by the first decade of this century the same productivity increase implies reduced employment growth by 0.54%.[44] Both increased employment opportunities and increased labor productivity (as long as it also translates into higher wages) are needed to tackle poverty. Increases in employment without increases in productivity leads to a rise in the number of "working poor", which is why some experts are now promoting the creation of "quality" and not "quantity" in labor market policies.[44] This approach does highlight how higher productivity has helped reduce poverty in East Asia, but the negative impact is beginning to show.[44] In Vietnam, for example, employment growth has slowed while productivity growth has continued.[44] Furthermore, productivity increases do not always lead to increased wages, as can be seen in the United States, where the gap between productivity and wages has been rising since the 1980s.[44] Oxfam and social scientist Mark Robert Rank have argued that the economy of the United States is failing to provide jobs that can adequately support families.[57][58] According to sociologist Matthew Desmond, the US "offers some of the lowest wages in the industrialized world," which has "swelled the ranks of the working poor, most of whom are thirty-five or older."[59]

Researchers at the Overseas Development Institute argue that there are differences across economic sectors in creating employment that reduces poverty.[44] 24 instances of growth were examined, in which 18 reduced poverty. This study showed that other sectors were just as important in reducing unemployment, such as manufacturing.[44] The services sector is most effective at translating productivity growth into employment growth. Agriculture provides a safety net for jobs and economic buffer when other sectors are struggling.[44]

Growth, employment and poverty[44]
  Number of
episodes
Rising
agricultural
employment
Rising
industrial
employment
Rising
services
employment
Growth episodes associated with falling poverty rates
18
6
10
15
Growth episodes associated with no fall in poverty rates
6
2
3
1

Models of the employment relationship

[edit]

Scholars conceptualize the employment relationship in various ways.[60] A key assumption is the extent to which the employment relationship necessarily includes conflicts of interests between employers and employees, and the form of such conflicts.[61] In economic theorizing, the labor market mediates all such conflicts such that employers and employees who enter into an employment relationship are assumed to find this arrangement in their own self-interest. In human resource management theorizing, employers and employees are assumed to have shared interests (or a unity of interests, hence the label “unitarism”). Any conflicts that exist are seen as a manifestation of poor human resource management policies or interpersonal clashes such as personality conflicts, both of which can and should be managed away. From the perspective of pluralist industrial relations, the employment relationship is characterized by a plurality of stakeholders with legitimate interests (hence the label “pluralism), and some conflicts of interests are seen as inherent in the employment relationship (e.g., wages v. profits). Lastly, the critical paradigm emphasizes antagonistic conflicts of interests between various groups (e.g., the competing capitalist and working classes in a Marxist framework) that are part of a deeper social conflict of unequal power relations. As a result, there are four common models of employment:[62]

  1. Mainstream economics: employment is seen as a mutually advantageous transaction in a free market between self-interested legal and economic equals
  2. Human resource management (unitarism): employment is a long-term partnership of employees and employers with common interests
  3. Pluralist industrial relations: employment is a bargained exchange between stakeholders with some common and some competing economic interests and unequal bargaining power due to imperfect labor markets[44]
  4. Critical industrial relations: employment is an unequal power relation between competing groups that is embedded in and inseparable from systemic inequalities throughout the socio-politico-economic system.

These models are important because they help reveal why individuals hold differing perspectives on human resource management policies, labor unions, and employment regulation.[63] For example, human resource management policies are seen as dictated by the market in the first view, as essential mechanisms for aligning the interests of employees and employers and thereby creating profitable companies in the second view, as insufficient for looking out for workers’ interests in the third view, and as manipulative managerial tools for shaping the ideology and structure of the workplace in the fourth view.[64]

Academic literature

[edit]

Literature on the employment impact of economic growth and on how growth is associated with employment at a macro, sector and industry level was aggregated in 2013.[65]

Researchers found evidence to suggest growth in manufacturing and services have good impact on employment. They found GDP growth on employment in agriculture to be limited, but that value-added growth had a relatively larger impact.[44] The impact on job creation by industries/economic activities as well as the extent of the body of evidence and the key studies. For extractives, they again found extensive evidence suggesting growth in the sector has limited impact on employment. In textiles, however, although evidence was low, studies suggest growth there positively contributed to job creation. In agri-business and food processing, they found impact growth to be positive.[65]

They found that most available literature focuses on OECD and middle-income countries somewhat, where economic growth impact has been shown to be positive on employment. The researchers didn't find sufficient evidence to conclude any impact of growth on employment in LDCs despite some pointing to the positive impact, others point to limitations. They recommended that complementary policies are necessary to ensure economic growth's positive impact on LDC employment. With trade, industry and investment, they only found limited evidence of positive impact on employment from industrial and investment policies and for others, while large bodies of evidence does exist, the exact impact remains contested.[65]

Researchers have also explored the relationship between employment and illicit activities. Using evidence from Africa, a research team found that a program for Liberian ex-fighters reduced work hours on illicit activities. The employment program also reduced interest in mercenary work in nearby wars. The study concludes that while the use of capital inputs or cash payments for peaceful work created a reduction in illicit activities, the impact of training alone is rather low.[66]

Globalization and employment relations

[edit]

The balance of economic efficiency and social equity is the ultimate debate in the field of employment relations.[67] By meeting the needs of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be a continuous revolving issue in westernized societies.[67]

Globalization has affected these issues by creating certain economic factors that disallow or allow various employment issues. Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect employment relations:

  1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wage disparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrialized nations, towards low-waged countries.[67]
  2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job losses in uncompetitive industries outstrip job opportunities in new industries.
  3. Workers will be forced to accept worsening wages and conditions, as a global labor market results in a “race to the bottom”. Increased international competition creates a pressure to reduce the wages and conditions of workers.[67]
  4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulate economic activity is reduced.

What also results from Lee's (1996) findings is that in industrialized countries an average of almost 70 per cent of workers are employed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labor force, that are growing in non standard forms of employment (Markey, R. et al. 2006).[67]

Alternatives

[edit]

Subcultures

[edit]

Various youth subcultures have been associated with not working, such as the hippie subculture in the 1960s and 1970s (which endorsed the idea of "dropping out" of society) and the punk subculture.

Post-secondary education

[edit]

One of the alternatives to work is engaging in post-secondary education at a college, university or professional school. One of the major costs of obtaining a post-secondary education is the opportunity cost of forgone wages due to not working. At times when jobs are hard to find, such as during recessions, unemployed individuals may decide to get post-secondary education, because there is less of an opportunity cost.

Social assistance

[edit]

In some countries, individuals who are not working can receive social assistance support (e.g., welfare or food stamps) to enable them to rent housing, buy food, repair or replace household goods, maintenance of children and observe social customs that require financial expenditure.

Volunteerism

[edit]

Workers who are not paid wages, such as volunteers who perform tasks for charities, hospitals or not-for-profit organizations, are generally not considered employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.[68]

Indentured servitude and slavery

[edit]

Those who work under obligation for the purpose of fulfilling a debt, such as indentured servants, or as property of the person or entity they work for, such as slaves, do not receive pay for their services and are not considered employed. Some historians[which?] suggest that slavery is older than employment, but both arrangements have existed for all recorded history.[citation needed] Indentured servitude and slavery are not considered compatible with human rights or with democracy.[68]

Self-employment

[edit]
 

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity (called trading even when referring to the provision of a service) but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership.

Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate. In some countries, such as the United States and the United Kingdom, the authorities are placing more emphasis on clarifying whether an individual is self-employed or engaged in disguised employment, in other words pretending to be in a contractual intra-business relationship to hide what is in fact an employer-employee relationship.

Statistics

[edit]

See also

[edit]

Notes and references

[edit]
  1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
  2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
  3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
  4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
  5. ^ "ABC test". Legal Information Institute (LII). Retrieved 2022-10-06.
  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
  7. ^ "Overview of Independent Contractor Guidelines". Findlaw. Retrieved 2020-03-30.
  8. ^ "Employer Liability for Employee Conduct". Findlaw. Retrieved 2020-03-30.
  9. ^ J. Mayhew Wainwright (1910). Report to the Legislature of the State of New York by the Commission appointed under Chapter 518 of the laws of 1909 to inquire into the question of employers' liability and other matters (Report). J. B. Lyon Company. pp. 11, 50, 144.
  10. ^ a b Deakin, Simon; Wilkinson, Frank (2005). The Law of the Labour Market (PDF). Oxford University Press.
  11. ^ Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN 978-1-5438-0106-4 – via Google Books.
  12. ^ Annual Institute on Employment Law. Vol. 2. Practising Law Institute. 2004 – via Google Books.
  13. ^ New York Jurisprudence 2d. Vol. 52. West Group. 2009 – via Google Books.
  14. ^ Labor Cases. Vol. 158. Commerce Clearing House. 2009 – via Google Books.
  15. ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
  16. ^ a b c Marx, Karl (1847). "Chapter 2". Wage Labour and Capital.
  17. ^ a b c d Ellerman 1992.
  18. ^ a b c d Ostergaard 1997, p. 133.
  19. ^ Thompson 1966, p. 599.
  20. ^ Thompson 1966, p. 912.
  21. ^ a b c Lazonick, William (1990). Competitive Advantage on the Shop Floor. Cambridge, MA: Harvard University Press. p. 37. ISBN 978-0-674-15416-2.
  22. ^ "wage slave". merriam-webster.com. Retrieved 4 March 2013.
  23. ^ "wage slave". Dictionary.com Unabridged (Online). n.d.
  24. ^ "...vulgar are the means of livelihood of all hired workmen whom we pay for mere manual labour, not for artistic skill; for in their case the very wage they receive is a pledge of their slavery." – De Officiis [1]
  25. ^ "As long as politics is the shadow cast on society by big business, the attenuation of the shadow will not change the substance", in "The Need for a New Party" (1931), Later Works 6, p163
  26. ^ a b Ferguson 1995.
  27. ^ Pfeffer, Jeffrey (2018). Dying for a Paycheck: How Modern Management Harms Employee Health and Company Performance – and What We Can Do About It. HarperBusiness. p. 38. ISBN 978-0-06-280092-3.
  28. ^ McGregor, Jena (March 22, 2018). "This professor says the workplace is the fifth leading cause of death in the U.S." The Washington Post. Retrieved June 7, 2023.
  29. ^ "House of Reps seals 'death' of WorkChoices". ABC News. Australian Broadcasting Corporation. 2008-03-19. Retrieved 2014-02-15.
  30. ^ Gross, Willi; Söhnlein, Walter (1990), Gross, Willi; Söhnlein, Walter (eds.), "Werkvertrag", Bürgerliches Recht 3: Fall · Systematik · Lösung · Schuldrecht · Besonderer Teil. Kauf und Tausch · Schenkung · Miete und Pacht · Leihe · Verwahrung · Darlehen · Bürgschaft · Dienst- und Werkvertrag (in German), Wiesbaden: Gabler Verlag, pp. 127–135, doi:10.1007/978-3-322-99402-8_13, ISBN 978-3-322-99402-8, retrieved 2021-04-11
  31. ^ "§ 631 BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  32. ^ "Arbeitsrecht". Recht – Schnell Erfasst. 2006. doi:10.1007/3-540-32544-1. ISBN 3-540-32541-7.
  33. ^ Höhl, Rebekka (2017). "Kollegen anstellen: Was beim Arbeitsvertrag zu beachten ist!". Uro-News (in German). 21: 45. doi:10.1007/s00092-017-1358-0.
  34. ^ "§ 611a BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  35. ^ "Links zu Musterverträgen". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
  36. ^ "Arbeitsvertrag (Befristet)". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
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General bibliography

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Frequently Asked Questions

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