23. Statutory and Common Law Regulation of the Conditions of Employment

Business Law ◽  
2020 ◽  
pp. 612-644
Author(s):  
James Marson ◽  
Katy Ferris

This chapter continues from the discussion of the obligations on employers to adhere to the Equality Act (EA) 2010 and protect their workers from discrimination and harassment, to a wider consideration of the regulation of conditions of employment. Legislation places many obligations on employers, and they are increasingly subject to statutory controls that provide for a minimum wage to be paid to workers, for regulation as to the maximum number of hours workers may be required to work, and for the protection of workers’ health and safety. In the event of an employer’s insolvency, the rights of employees are identified, and finally, the mechanisms for employers to protect their business interests in the contract of employment are considered.

Author(s):  
James Marson ◽  
Katy Ferris

This chapter continues from the discussion of the obligations on employers to adhere to the Equality Act (EA) 2010 and protect their workers from discrimination and harassment, to a wider consideration of the regulation of conditions of employment. Legislation places many obligations on employers, and they are increasingly subject to statutory controls that provide for a minimum wage to be paid to workers, for regulation as to the maximum number of hours workers may be required to work, and for the protection of workers’ health and safety. In the event of an employer’s insolvency, the rights of employees are identified, and finally, the mechanisms for employers to protect their business interests in the contract of employment are considered.


Author(s):  
Roseanne Russell

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about employment status. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of employment status including definitions of employee and worker, the common law tests for determining whether a contract of employment exists, and discussion on the changing nature of the labour market including the gig economy. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.


2014 ◽  
Vol 1044-1045 ◽  
pp. 348-351
Author(s):  
Xiao Mei Fu

Safety is the main factor of vegetable production, management and consumption. Vegetable security ties with the masses of the people's vital interests and the health and safety. In recent years, constantly improve vegetable safety supervision mechanism in our country, carry out comprehensive governance and rectification of vegetable safety severely heavy vegetable safety illegal and criminal behavior. But vegetables pesticide residues on vegetables safety problems appear frequently. Vegetable safety has become the focus of attention. National vegetable safety base is still weak, vegetable safety law regulation a long way to go. Treats only comprehensive, scientific regulation, vegetable quality and safety supervision work to create a new situation unceasingly. Since China's vegetable safety supervising actuality, this paper analyzed the vegetables safe current legal regulation system and security law regulation of specific measures.


2007 ◽  
Vol 38 (3) ◽  
pp. 417 ◽  
Author(s):  
Gordon Anderson

On 7 August 2007, Gordon Anderson delivered his inaugural lecture after becoming a professor in the Law Faculty of Victoria University of Wellington. Gordon took as his theme the protection of employees employed on an individual contract of employment. Following the repeal of the award system by the Employment Contracts Act 1991 the majority of New Zealand employees ceased to be covered by collectively negotiated instruments. Instead the contract of employment became dominant. The lecture argued that the common law contract of employment provides little protection for employees. Instead protection depends on some critical statutory interventions that provide a degree of balance within the employment relationship. While not perfect, these protections may be the best that can be expected in the real world of employment.


Author(s):  
David Cabrelli

This chapter first examines the common law rules regulating the variation of the terms of the contract of employment. It focuses on the situation where the employer seeks to unilaterally modify the terms of the employment contract, for instance in light of modern pressures on management to demand greater labour flexibility in order to adapt to changing market conditions. The chapter then moves on to address the ability of the employer to suspend the contract of employment, for instance where the employer suffers a downturn in demand for its products or services, or where an employee may be subject to disciplinary proceedings. Finally, it considers the future trajectory of the common law content of the personal contract of employment.


Sign in / Sign up

Export Citation Format

Share Document