- •1.The system of labour law
- •2.The concept, subject matter and features of labour law
- •3. Main leading principles of labour law: concepts and classification
- •4. Basic sources of labour law: general characteristics
- •5. Legal regulation of labour relations
- •6. Development and scope of labour law
- •7. The first landmark of modern labour law
- •10.The first labor code regulation.
- •8.Normative legal acts in the sphere of labour law and labour regulation.
- •9.The origins of labour law.
- •11.Hierarchy of the sources of labor law.
- •12.The nature and purpose of both voluntary and legal labour regulation.
- •13.The purposes of voluntary and legal labour measures.
- •14.Globalization and the changing role of labor law.
- •15) The substantive law on wages and remuneration.
- •16) The employment opportunities for women.
- •17) The concept of social security.
- •18) The making, modification and termination of employment relations.
- •Individual employment relations
- •19) Occupational health and accident prevention regulations.
- •20) Equal protection from unlawful discrimination.
- •21) Employers' organizations and trade unions for the benefit of their private interest
- •22. The role and function of the National Labor Relations Board.
- •23. Conventional mechanism of the International Labour Organization (ilo) in the sphere of employment relations.
- •24. Social constitutional rights in relation to labour regulation.
- •25. Terms and conditions of employment contract.
11.Hierarchy of the sources of labor law.
The hierarchy of the sources of law as specified by the 1968 Act is as follows: 1.mandatory legal provisions; 2.collective agreements which have been decreed generally applicable, in the following order of precedence (agreements concluded within the National Labour Council, a Joint Committee, a Joint Subcommittee); collective agreements which have not been decreed generally applicable, where the employer is a signatory thereto or is a member of an association that is a signatory thereto, in the following order of precedence (agreements concluded within the National Labour Council, a Joint Committee, agreements concluded within a Joint Subcommittee, agreements concluded outside any joint body); written individual contracts of employment; collective agreements concluded within a joint body but not decreed generally applicable and operates in an industry covered by the joint body within which the agreement was concluded; work rules; supplementary legal provisions; oral individual contracts of employment; custom". The Supreme Court of Justice holds that in accordance with Article 51 it is possible for a written individual contract of employment to be replaced or changed by a later oral contract.
12.The nature and purpose of both voluntary and legal labour regulation.
Broadly speaking, the employment relationship is regulated by both voluntary and legal measures. Voluntary measures comprise agreements and other decisions that derive from collective bargaining, arbitration, conciliation, mediation, and grievance and discipline handling. They also include voluntarily accepted standards of good employment practice. Legal measures are European Union treaties and directives, the European Convention on Human Rights and Fundamental Freedoms 1950, British statute law, the common law of contract and of tort, case law, statutory codes of practice and some international standards. In practice, these are not isolated sets of measures. As we shall see, voluntary and legal measures invariably interlink and influence each other.
13.The purposes of voluntary and legal labour measures.
There are two broad purposes. First, at various points, they influence the function of management –the ways in which managers exercise power, control and organize workforces and manage conflicts of interest. This influence can be illustrated in the following way. It is widely accepted that the employment relationship is characterized
by an imbalance of power in favor of the employer. Both voluntary and legal regulation can restrain the unfettered exercise of this employer power. So, for example, collective bargaining with a trade union can minimize the exploitation of individuals at work by agreements on pay and conditions, and also by helping to process grievances. The second purpose of this regulation is to assert certain principles. On the one hand, there are those principles that influence the nature and quality of decisions (e.g. fairness, equal treatment, reasonableness, etc.). In addition, there are those principles which mould the regulatory process itself.