Sunday, August 11, 2019
Employment Law Essay Example | Topics and Well Written Essays - 2500 words
Employment Law - Essay Example Any resolution will be complex and contested; hence from the view point of Karl Marx, Marx believed that no completely satisfactory resolution is possible without a total revolution in social-economic system. Marx could have been right but the employment law in the 21st century attempts to balance the logic of the market system with the liberal aspiration of ensuring that individuals are treated with respect and impartially, as well as, have the opportunity to construct meaningful lives. In most cases, contract laws are applied in workplaces because they are vital and are legal aspects that tend to formalize an agreement in more than two parties. Question One: Many issues arise in the workplaces especially where many employees have varied issues such as health problems and many others. Some employees have complicated health issues that may hinder effective performance of the company and Michaelââ¬â¢s case is among the common cases arising in the contemporary workplaces. Addressing these issues in a pragmatic manner requires clear and effective understanding of contract laws. Contracts are agreements which have lawful objects entered into voluntarily by two or more parties; thus they intend to create legal obligations among the parties (Twomey, 2013, p. 87). The contract should be acceptable, have an offer, mutual consideration and it should have a legal capacity vital for creating mutuality of obligation (Collins, 2010, p. 91). The contract laws take into considerations varied range of matters such as employment terms, real property sale issues, independent contractor relationship, intellectual property issues and settlement of disputes in the workplace. The contract law demands that all workers with a contract of employment or an employment relationship should receive basic working employment conditions vital for enabling them to work effectively in the working environment. Therefore, the case of Michael should be addressed by focusing on the contract law e specially the employment conditions in the work place. Each industry has its own policies that demand employees to meet them but the labor employment law should also be taken into considerations. The contract law offer mutual recognition rules vital for assisting free movement of workers. Although these mutual recognition rules exist, more subtle impediments found in the informal practices and conventions in recruitment continue to produce much less internal movement within the workplace (Collins, 2010, 139). These principles can be challenging but only under the general principle of free movement of employees. However, in the case of Michael, there is need to focus on the contract laws and adhere to them, but the employer should not also deprive him the mandatory employment rights applicable in the state where the work is being performed. It is vital for Michael to come up with a clear agreement with the human resources about his work because health is also important for any worker working in any organization. The labor laws focus on the rights of employees including health and safety in the working places and rights; hence, the human resource manager should provide
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