Employment Dispute Law Firm Pittsburgh

Employment Dispute Law Firm Pittsburgh

Class action employment lawsuits

When you're facing workplace discrimination or wrongful termination, you don't just need a lawyer; you need someone with a track record of navigating complex employment issues successfully. We're not just fighting individual cases; we're striving to transform the workplace for everyone. With a passion for justice and a keen understanding of employment law, he founded The Lacy Employment Law Firm, setting a new benchmark for legal excellence in Employment Dispute Law Firm Pittsburgh. 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. They don't just stop at legal representation; they're committed to creating a well-informed community where employment fairness is a priority for all. Learn more about Employment Dispute Law Firm Pittsburgh here
With The Lacy Employment Law Firm, you're not just hiring a lawyer; you're securing a team of advocates dedicated to your cause. Lastly, for immediate queries or to stay updated with the firm's latest news and insights, you're encouraged to follow their social media profiles. Moreover, they're committed to empowering you with knowledge. Additionally, The Lacy Employment Law Firm's website offers a contact form. Workers' rights
The team at Lacy Employment Law Firm knows the ins and outs of employment disputes like the back of their hand.

Workers' rights

  1. Hostile work environment attorney
  2. Non-compete agreement
  3. Union avoidance strategies
  4. Professional licensure defense
  5. Religious discrimination lawyer
  6. Age discrimination lawyer
  7. Employment law consultation
  8. Employment law for startups
  9. Contract negotiation lawyer
  10. Severance negotiation services
  11. FMLA lawyer
  12. Workplace investigation services
  13. Employer-employee mediation
  14. Pregnancy discrimination attorney
  15. Workplace violence prevention
  16. Employment law services for businesses
  17. Employment dispute resolution
  18. Employer liability defense
Their expertise and empathy were evident from day one.' It's feedback like this that underscores our dedication to not just winning cases, but also to the human side of legal battles. We leverage our extensive knowledge of employment law to pinpoint the specific statutes and case law that bolster your position. This flexibility ensures you're not locked into a rigid strategy that doesn't serve your best interests.
An experienced lawyer doesn't just understand the law; they've seen it in action. If you'd rather speak to someone directly, give them a call. Read more about Pittsburgh Employment Law Firm for Workers here. You'll find that their knowledge isn't just theoretical. You're not just another case number to us.

Moreover, their efforts extend beyond the physical. Moreover, The Lacy Employment Law Firm fosters a culture of continuous learning. Lastly, we represented a group of employees denied their rightful overtime pay. You're dealing with a team that's recognized not just locally in Employment Dispute Law Firm Pittsburgh but also on a broader scale. They're not just about winning cases; they're about ensuring you feel supported, informed, and confident throughout the entire legal process.
With a steadfast commitment to justice, they're not just your attorneys; they're your advocates, fighting to protect your interests and dignity at every turn. FMLA lawyer We're not just legal advisors; we're your staunch advocates in and out of court. Employer legal representation Behind every successful case at The Lacy Employment Law Firm, you'll find a dedicated team of the finest employment lawyers in Employment Dispute Law Firm Pittsburgh. This isn't about picking fights; it's about standing up for what's right.
Through strategic litigation, they not only secured a favorable outcome for the employees but also helped enforce changes in the workplace to prevent future injustices. Read more about Employment Dispute Law Firm Pittsburgh here It's your word against theirs, and having proof makes your case stronger. Our dedication to this cause hasn't only won us numerous cases but also respect from our peers. Whether it's discrimination, harassment, wrongful termination, or any other employment injustice, they've got your back.
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. They extend their reach to support national causes, demonstrating a commitment to making a difference on a larger scale. Whether you're facing discrimination, harassment, or wrongful termination, they're there to fight for your rights. For those who prefer face-to-face interactions, their office address is also available online.

Pregnancy discrimination attorney

Employment Contract Lawyer Pittsburgh

After 1990, Pittsburgh has focused its energies on healthcare, education, and technology industries. Pittsburgh is home to large medical providers, including the University of Pittsburgh Medical Center, Allegheny Health Network, and 68 colleges and universities, including research and development leaders Carnegie Mellon University and the University of Pittsburgh. The area has served as the federal agency headquarters for cyber defense, software engineering, robotics, energy research, and the nuclear navy. In the private sector, Pittsburgh-based PNC is the nation's fifth-largest bank, and the city is home to eight Fortune 500 companies and seven of the largest 300 U.S. law firms. RAND Corporation, BNY Mellon, Nova, FedEx, Bayer, and the National Institute for Occupational Safety and Health have regional headquarters and offices that helped Pittsburgh become the sixth-best area for U.S. job growth. Furthermore, the region is a hub for Leadership in Energy and Environmental Design and energy extraction.

Employment Attorney Pittsburgh

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Employment Dispute Law Firm Pittsburgh Employee Dispute Lawyer

You'll find stories of individuals who felt powerless against corporate giants, finally finding a voice and a champion in their corner. They've seen it all-from subtle biases that erode a work culture to blatant injustices that can no longer be ignored. This blend of achievements ensures you're getting representation that's not only skilled but also deeply committed to justice and fairness. They're there to stand beside you, offering not just legal representation, but a commitment to achieving a just outcome. You'll find that their deep understanding of both federal and state regulations ensures you're not just another case number.

Whether it's through negotiation or, if necessary, taking your fight to court, they adapt their tactics based on the evolving dynamics of your case.

Harassment training for employers

  • Contract negotiation lawyer
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
  • Non-compete agreement
  • Union avoidance strategies
  • Professional licensure defense
  • Religious discrimination lawyer
  • Age discrimination lawyer
  • Employment law consultation
  • Employment law for startups
  • Contract negotiation lawyer
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
There's also the right to a workplace free from discrimination, whether it's based on race, gender, age, religion, or disability. Instead, you're a valued individual seeking justice and fairness in your professional life. With a keen focus on personalized legal strategies and an unwavering commitment to their clients, this firm doesn't just talk the talk; they walk the walk.

They're investing time to understand your individual goals and the challenges you're facing. Employer liability defense Under his leadership, the firm has tackled some of the most challenging employment law cases, earning a reputation for not shying away from tough battles. Whether it's based on race, gender, age, or any other characteristic, discrimination can deeply impact your confidence, career progress, and overall well-being. Class action employment lawsuits He's convinced that knowledge is power, and by empowering individuals, he's not just solving problems; he's preventing them.

You'll find that their dedication isn't just about winning cases; it's about making a real difference in the lives of their clients. With their commitment to excellence and client-focused service, it's no wonder they're celebrated as one of Employment Dispute Law Firm Pittsburgh's top employment law firms. So, when you choose The Lacy Employment Law Firm, you're not just getting legal representation; you're partnering with award-winning advocates dedicated to your cause. The Lacy Employment Law Firm's dedication to personalized legal strategies isn't just about legal representation; it's about providing you with a sense of confidence and empowerment.

Employment Dispute Law Firm Pittsburgh Employee Dispute Lawyer
Employment Dispute Law Firm Pittsburgh Labor And Employment Attorney

Employment Dispute Law Firm Pittsburgh Labor And Employment Attorney

They're not just your lawyers; they're your advocates, your support system, pushing for the best outcome for you. With a track record of successfully navigating the complex landscape of employment law, they've proven time and again that they've the expertise and dedication needed to achieve positive outcomes. This transparency builds trust and reassures you that you're in capable hands. The Lacy Employment Law Firm doesn't shy away from tough cases.

Discrimination, whether based on race, gender, age, disability, or sexual orientation, undermines your professional and personal dignity.

Whistleblower protection attorney

  • Harassment training for employers
  • Employment background check policies
  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
  • Non-compete agreement
  • Union avoidance strategies
  • Professional licensure defense
  • Religious discrimination lawyer
  • Age discrimination lawyer
  • Employment law consultation
  • Employment law for startups
  • Contract negotiation lawyer
  • Legal aid employment law
  • Employment law firm
  • Severance negotiation services
They've dedicated themselves to ensuring that workers are treated fairly, whether it's a case of discrimination, harassment, wrongful termination, or disputes over wages and hours. Employment law appeals By educating you about your rights and the legal avenues available, we empower you to make informed decisions throughout your case.

Our track record speaks volumes, with countless workers in Employment Dispute Law Firm Pittsburgh and beyond having their rights vindicated thanks to our relentless advocacy. We're deeply committed to ensuring that your rights are defended, whether you're facing discrimination, wrongful termination, or any other employment challenge.

Workplace violence prevention

  1. Gender discrimination attorney
  2. Hostile work environment attorney
  3. Non-compete agreement
  4. Union avoidance strategies
  5. Professional licensure defense
  6. Religious discrimination lawyer
  7. Age discrimination lawyer
  8. Employment law consultation
  9. Employment law for startups
  10. Contract negotiation lawyer
  11. Employment dispute resolution
  12. Employer liability defense
  13. Employment law risk assessment
  14. Workers' rights
  15. Employer legal representation
With the foundation of a client-centered approach, navigating employment law becomes a smooth process, guided by experts at the Lacy Employment Law Firm.

After learning about the dedicated team at The Lacy Employment Law Firm, you might wonder how to get in touch with these top employment lawyers in Employment Dispute Law Firm Pittsburgh. You've likely heard the buzz about The Lacy Employment Law Firm being heralded as a standout among Employment Dispute Law Firm Pittsburgh's legal circles for its staunch advocacy of employee rights. You'll discuss your employment issues in detail, whether it's a matter of discrimination, harassment, wrongful termination, or any other workplace dispute.



Employer legal representation

  1. Union avoidance strategies
  2. Professional licensure defense
  3. Religious discrimination lawyer
  4. Age discrimination lawyer
  5. Employment law consultation
  6. Employment law for startups
  7. Contract negotiation lawyer
  8. Employment law services for businesses
  9. Employment dispute resolution
  10. Employer liability defense
  11. Employment law risk assessment
  12. Workers' rights
  13. Employer legal representation
  14. Harassment training for employers
  15. Employment background check policies
  16. Employment law appeals
  17. Employment law attorney
  18. Contract employee rights
  19. Human resources legal advice

Age Discrimination Lawyer Employment Dispute Law Firm Pittsburgh

Keep records of emails, messages, and any interactions that could serve as evidence. These stories are just a glimpse of what we've accomplished.

Employment dispute resolution

  • Harassment training for employers
  • Employment background check policies
  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
  • Non-compete agreement
  • Union avoidance strategies
  • Professional licensure defense
  • Religious discrimination lawyer
  • Age discrimination lawyer
  • Employment law consultation
  • Employment law for startups
  • Contract negotiation lawyer
  • Employer liability defense
It's natural to wonder if the firm's reputation as one of the best employment lawyers in the city is well-deserved or if it's merely the result of good marketing. As you consider the complexities of navigating employment disputes, remember that stories of triumph and transformation lie just beyond the horizon.

Whether you're facing discrimination, harassment, wrongful termination, or disputes over wages and hours, we're here to stand up for your rights. Then there's Michael, facing discrimination that seemed insurmountable. They're adept at handling cases involving sexual harassment, disability accommodation, wage and hour disputes, and retaliation claims.

In the realm of employment law, being proactive and assertive makes all the difference, and that's exactly what you get with this team. They listen carefully to your story, prioritizing your goals and preferences. You'll find our dedication to staying abreast of the latest legal developments invaluable, ensuring your representation isn't just competent, but cutting-edge.

This evidence is your foundation, showcasing the discrepancies and errors in your payment. Moreover, their transparency regarding legal processes and fees eliminates any surprises, allowing you to make informed decisions about your case. These include enhanced protections against workplace discrimination, improved standards for employee privacy, and more comprehensive approaches to handling harassment allegations.

Employer-employee mediation

  • FMLA lawyer
  • Workplace investigation services
  • Employer-employee mediation
  • Pregnancy discrimination attorney
  • Workplace violence prevention
  • Employment law services for businesses
  • Employment dispute resolution
  • Employer liability defense
  • Employment law risk assessment
  • Workers' rights
  • Employer legal representation
  • Harassment training for employers
  • Employment background check policies
  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney




Employment law appeals

  • Harassment training for employers
  • Employment background check policies
  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
  • Non-compete agreement
  • Union avoidance strategies
  • Professional licensure defense
  • Religious discrimination lawyer
  • Age discrimination lawyer
  • Employment law consultation
  • Employment law for startups
  • Contract negotiation lawyer
  • Pregnancy discrimination attorney
  • Workplace violence prevention
Age Discrimination Lawyer Employment Dispute Law Firm Pittsburgh
Employment Dispute Law Firm Pittsburgh Employee Termination Lawyer
Employment Dispute Law Firm Pittsburgh Employee Termination Lawyer

They talk about our lawyers being not just advisors but allies, offering not only legal representation but also emotional support throughout their legal journey. Beyond their comprehensive legal support, the Lacy Employment Law Firm also stands firmly on the front lines in the fight for fair wages. The Lacy Employment Law Firm didn't back down. To earn recognition for excellence, a law firm must meet rigorous standards that demonstrate not only legal expertise but also a commitment to client success and ethical practice.

You've got a powerful ally in The Lacy Employment Law Firm.

Severance negotiation services

  1. Human resources legal advice
  2. Gender discrimination attorney
  3. Hostile work environment attorney
  4. Non-compete agreement
  5. Union avoidance strategies
  6. Professional licensure defense
  7. Religious discrimination lawyer
  8. Age discrimination lawyer
  9. Employment law consultation
  10. Employment law for startups
  11. Contract negotiation lawyer
  12. Employer-employee mediation
  13. Pregnancy discrimination attorney
  14. Workplace violence prevention
  15. Employment law services for businesses
  16. Employment dispute resolution
  17. Employer liability defense
  18. Employment law risk assessment
  19. Workers' rights
  20. Employer legal representation
They've received accolades from prestigious legal organizations and have been featured in renowned legal publications. It's crucial to act promptly and gather all relevant evidence related to your dismissal.

This proactive stance on education and technology places them at the forefront of employment law, offering you an unrivaled level of service and expertise. At the Lacy Employment Law Firm, we're not just your lawyers; we're your steadfast allies, ensuring that justice isn't just a concept, but a reality for every worker. They don't just stand by your side; they lead the charge, ensuring your voice is heard and your rights are fiercely protected. Harassment training for employers

They've carved a niche for themselves by not only understanding the complexities of employment law but by approaching each case with a unique blend of empathy and legal acumen. It's about building relationships and creating environments where every individual feels valued and heard. You'll find that we're always at the forefront of legal strategies, employing methods that others in our field haven't even considered.

Employment Dispute Law Firm Pittsburgh Employee Rights Firm

You'll find their walls adorned with letters of gratitude from those they've represented, each story a testament to the firm's commitment to justice. It's about creating a ripple effect that leads to better working conditions for everyone. Support staff also play a crucial role. Severance negotiation services With a focus on both employee and employer rights, they're well-equipped to handle a wide range of employment law issues. Knowing you have a tailored strategy designed to champion your rights makes all the difference.
Embarking on its journey over a decade ago, the Lacy Employment Law Firm quickly set a new standard in legal advocacy for workers' rights. What sets him apart isn't just his legal acumen but his commitment to making a real difference in people's lives. By choosing us, you're not just getting legal representation; you're joining a movement towards a more equitable and supportive community. You're not alone in this journey, and reaching out to them is easier than you might think.
This client-centric approach is woven into every facet of their operations. This level of involvement ensures you feel supported and valued throughout the process. The firm specializes in a range of employment matters, including but not limited to discrimination, harassment, wrongful termination, and wage disputes. Our team doesn't just advocate for employees within the confines of the courtroom; we extend our commitment to justice into the very fabric of our community.
Our involvement doesn't stop there. That's why they dig deep into the specifics of your case, ensuring they're not just addressing the issue at hand but also safeguarding your future professional interests.

Workplace violence prevention

  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
  • Non-compete agreement
  • Union avoidance strategies
  • Professional licensure defense
  • Religious discrimination lawyer
  • Age discrimination lawyer
  • Employment law consultation
  • Employment law for startups
  • Contract negotiation lawyer
  • Employment law appeals
  • Employment law attorney
  • Contract employee rights
  • Human resources legal advice
  • Gender discrimination attorney
  • Hostile work environment attorney
Employment law risk assessment Their representation is a blend of personalized attention and aggressive legal strategies, aimed at getting you the best possible outcome. You're not just a case number to us; you're an individual deserving of respect and justice.

Learn more about Employment Dispute Law Firm Pittsburgh here
Employment Dispute Law Firm Pittsburgh Employee Rights Firm

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.
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  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
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  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.
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  15. ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
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  17. ^ a b c d Ellerman 1992.
  18. ^ a b c d Ostergaard 1997, p. 133.
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  20. ^ Thompson 1966, p. 912.
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  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.
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  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.
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  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
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  43. ^ Lag om anställningsskydd (1982:80)
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  46. ^ 26 U.S.C. § 3401(c)
  47. ^ United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985).
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  49. ^ "Bluenomics". Archived from the original on 2014-11-17.
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General bibliography

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