Labor Relations and Labor Law: Understanding the Fundamentals
Item 1: Labor Relations and Labor Law
I. Work as an Object of Legal Regulation
Labor law is an area on the agenda that has a particular object, which is work. Work is an economic and sociological reality that is hosted by the right. Human activity work is done with an effort that aims to fulfill livelihood and social needs.
1. The term ‘work’ has different meanings:
- Job = job or occupation you have specific task
- Work = activity resulting
2. There are very different forms and types of work (varies with the stage of social development).
3. Work is seldom done in isolation. It would normally arise working relationships with other people. If a person is working with others, one can consider a series of problems, such as allocation of the fruits of work, conditions of work (hours, pay), or work organization problems. This is what gives rise to legal action (if such problems are detected, the right to intervene is given to solve it).
An answer to these problems is going to be given by labor law. The DT is to be limited right to occupy salaried work.
II. Types of Benefits of Work
We can distinguish four broad categories:
- Division between work and self-employment among others.
- Division between subordinate and self-employment.
- Division between free labor and forced labor.
- Division between working for reward and free.
1. Division Between Self-Employment and Work as an Employee
The distinguishing criterion here is the attribution of the fruits of labor. That is, who are these fruits for?
- In self-employment: Results of the fruits belong to the person doing the work.
- In paid work: The fruits are not the worker’s but correspond to another person. Here we give the note of others. The fruits can be passed to another person for various reasons, such as physical strength, slavery, by law, or by contract.
2. Division of Work Between Self and Subordinate
The distinguishing criterion here is the mode or manner of doing the job.
- Self-employment: The criterion is made pursuant to the autonomy of the worker (he decides how to do the work and under what conditions).
- Subordinate work: Work is performed subject to another person (or imposes ordering). There are degrees of subordination (more work, less subordinate officers, or work that allows more margin).
There is a correlation between these two divisions: Self-employment is self-employment, and paid employment is subordinate employment. But keep in mind they are different concepts, and there can be no self-employment, autonomous or subordinate (exceptionally), and may also have self-employed labor.
The subordinate note is equal to the unit when we talk about functional dependency (when we depend on another to do the job) or legal unit (when we rely on other commands). Different functional dependency is economic dependence, that is, relying on other means to survive or survive economically. This notion of economic dependence is compatible with self-employment. This notion is similar to the “Law on the Statute of Self-Employment” of July 11, 2007, that houses the concept of economic dependence applied to certain types of self-employment.
3. Division of Work Between Free and Forced Labor
The distinguishing criterion here is the role of autonomy. This is free labor when there is such a will to forced labor. In our society, in which the rule is the freedom of labor, forced labor is permissible, provided that this is justified by the interest of society (military service). There are also other forms of forced labor provided by the law of civil protection (alarm state).
4. Division Between Work and Free Payment
The distinguishing criterion is the motive here is working. The work required for consideration: profit (is done to get money), while in the free labor or benevolent, the motive is altruistic or cooperative assistance to others. It is another form of compensation for non-economic (moral). Today, most of the work is onerous or lucrative, although it is altruistic or benevolent work, and it occasionally helps one another through social voluntary activities.
As to the 1st division, we are interested in paid employment. As for the 2nd division, we are interested in working subordinate or dependent. As for the 3rd division, we are interested in free labor. On the 4th division, we are interested in the work for consideration or profit. Work to comply with these four characteristics (employed, reporting, free, and expensive) is called “employee,” but with a clarification: not all paid work is regulated by the labor law (for example, the work of public servants is not regulated by the DT, as they are governed by administrative rules).
III. Concept and Structure of Law DT
Concept: The DT is the sector on the agenda which regulates wage labor in its various aspects, which governs the time of adjustment, compromise between two parties (contract), regulates the conditions under which it will finally work, and regulates the legal relationship arising from that contract work is called “working relationship.” Keep in mind that wage labor is not an isolated incident, or the employment contract is the only institution. Along with the employment contract exist in the workplace other subjects as representation in business (trade union branches) and collective dimension relations (relations between unions, between business and employer). The relationship can be peaceful negotiation or conflict (strikes). This whole set of subjects is usually given the name “industrial relations system.” So we can say that DT is the sector on the agenda that deals with the industrial relations system.
The DT is not contemporary, that is, it was not born at the same time that wage work is much older. But DT is contemporary, emerging in the last third of the nineteenth century or early twentieth century and developed since then. It surged with the Industrial Revolution and especially when wage labor became widespread and when there arose a serious social problem of overexploitation of the working society (arises to protect workers).
Structure:
Today, the DT has a relatively complex structure. There are two main groups:
1. Individual labor law, that governs the individual (the employment contract, the relationship that arises, and conditions under which we work).
2. Labor Relations Law: regulates collective relations (unions, strikes, etc.). This right is also called “right of association” or “law of labor relations.”
These two blocks are inseparable!
Besides these two main parts, we can mention others: Administrative Law from work (which deals with the work of the Ministry of Public Administration), employment law (all rules that deal with the labor market), and labor procedural law (which deals with the employment tribunal or social).
The labor law is part of the OJ and therefore should know the rest of the OJ. Within this, it is said that DT is a special right because he has specialized on the basis of a common core, which is the civil law, which has separately but has not lost connection. It also has contact with procedural law, administrative law, commercial law, and with the right to social security.
IV. Purpose and Functions of Labor Law
We must make an initial reflection on labor standards that can be done from many perspectives, but there are two important:
A) On the one hand, understood as goals for pursuing labor standards.
B) In addition, on the role of labor law in society.
A) Purpose: There are four purposes:
1. Termination of guardianship and protection of workers: The labor standard ensures that work is involved in the worker so that that person can see their health damaged during sessions so that the rule is intended to protect the worker on these job risks. Traditionally, the standard has tried to protect property, but has also tried to give spiritual protection to other goods, such as dignity and privacy. The labor standard recognized labor rights in their work but also imposes limits on corporate powers and tries to create a suitable working environment for workers called the work environment.
2. End compensation (or compensatory purpose): Formally, the contract parties are equal before the law, but in reality, there are often differences between the two. There is usually a strong and a weak hand, so there is decompensation. The employer usually has more strength and ability to enforce contractually what you want. Instead, the worker is usually the weakest part and is normally exposed to comply with the conditions that would put the employer. This is to protect the weak, so the labor standard is for that setting minimum balance that must be accepted by the parties (for example, the minimum wage). Dosage compensation required by the worker is always the same. This dose may vary for several reasons: from one country to another, through the passage of time, from one sector of activity to another, depending on the type of work.
3. End performance of the standard work: The labor standard ensures that the worker carries out the work or proceeds as has been agreed upon. To achieve this end, the labor standard uses an instrument that is the “corporate power,” but also other rules that help to this end, such as the structures of participation of employees in the company.
4. End building and sustaining the system of industrial relations: The labor standard addresses this system under certain guidelines, pursues some aims (for example, allows the creation of unions but also enhances their activity since the rule is not working neutral). The law allows collective bargaining labor but especially wants to encourage the conclusion of certain types of collective agreements (for example, the labor standard recognizes the right to strike but also introduces limitations on the right to strike).
B) Functions:
There have been many reviews on the role of DT. We can say that it is the factor of social justice that contributes to social progress, social peace, and social integration of the working classes. Criticism can be made DT or DT to the whole or to certain standards. We can highlight two criticisms: a) critical Marxist claims that the DT has been used for the maintenance of bourgeois society to the detriment of workers. B) criticism of neoliberalism and classical liberalism: DT holds that it imposes barriers to the free functioning of society and work.