Explanation of employment law – Employment law, regulates the duties and rights of workers and employers. Employment law can also be mention as labour law. It is the field of the constitution which is build up of both states and integrated law which cover different subject matters which aims to preserve worker’s rights. Labour law helps in different ways as it stops discrimination, encourages health and safety and it helps In avoiding conflicts among labour and management, provides social security, manages family and medical leaves, workers compensation, and avoids unreasonable termination.Employment law is a region or sector that deals with the legal duties and rights of employees and employers.
Characteristics of employment / Labour law:
Categories of Employment law:
There are two different categories of labour/employment law – One is collective labour law and Individual labour law. Collective labour agreement refers to the private agreement between company and employees, and Individual labour agreements refer to that which is concerned about the rights of the employees at their workplace.
Minimum wages Act
This Minimum wages Act was passed in 1948. It defines that fair wage must be provided to both unskilled and skilled labour according to the capacity of the firm.
There are Sundry factors under individual labour employment:
Practical applications of Employment law:
Employment law is used when anyone wants to provide a job opportunity to anyone. This law was introduced to decrease the possibilities of business among the employes. The employment law makes it sure that every employee is treated in the same manner and they get their rights.
The employment law is used when to end the issues of how the labour will get the salary for the work.
Fair work act 2009:
The fair work act 2009 is the most important law of employment in Australia, The fair work act establishes the fair work system in the company. The system helps in to follow at least ten national employment standards. The standards which come under national employment law tells us about the maximum number of working hours which an employer can ask the employee to work in any organisation. Knowing it helps the employee not to get exploited. It also tells us that the employee has the right to ask for flexible working arrangments, Parental leave, Annual leave, Compassionate leave and long service kind of leaves from the employee.
Basic rights under the National employment law:
Every employee has some rights which he/she can ask the employer. The standards are designed to protect the rights of the worker in the company. There are certain rights which must be followed in any agreement which are signed by the employee of the company for the employer. One of the many rights of employment law is that the employer can not ask the employee to work for more than 38 hours in a week unless it is reasonable to do so. These standards also mention that the employee must get four weeks of annual paid leaves whenever the employee asks. The employer can’t refuse the request.
The rights also mention the criteria for termination and notice period which the employee needs to face in a company. The employee must be provided with written notice of termination, And the employee must get notice period ranging from one week to five weeks. The notice period can also be longer depending on the agreement between the employee and employer.
Entities which are not covered by Employment law:
Employment law does not cover every entity in Australia. The employment law does not cover sale traders, Partnership, Non-trading corporations, and unincorporated entities.
Workplace discrimination and equality:
The most important thing which an employee should get is equality. The employee must not be discriminated against Sex, Age, Disability, and any other grounds.
Rights of the employee against discrimination:
The employer needs to take care that all the rights of the employee are provided to him/her. If there is any discrimination against the employee, The employee can complain to the employer. An application can be lodged with the fair work commission; Legal actions can be done by the employer to gain compensation, Redundancy payments or damages.
The employment law is a law with which everyone must get familiar. Everything which we are doing in our life is to either get employment or provide employment to others by opening a company. The students who are studying law subject get assignments on employment law; There are many detailed things about the employment law which the student must know but does not have the source to get it. We as an assignment help provider company provides the updated details about the employment law because it can be changed according to time.
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