Friday, February 7, 2020
Labour Laws Application Practice and Implementation Coursework
Labour Laws Application Practice and Implementation - Coursework Example In order to understand an employeeÃ¢â¬â¢s right to imply law and regulation, to place an appeal against unfair dismissal, a case will be studied thoroughly. Lastly, the paper aims to study the maternity rights which are granted to the employees and how they accommodate in the present society. Background to the Context: Employment law has been considered as an integral area of law which has received imperative attention from international law as well. As evident from the provisions associated with the Employment Act, there are many guidelines, obligations, rights, and criteria for different cases and their consequences on both for the employee and the employer. Since there is an increased number of obligations, it has become a complexity for both the parties to implement relevant provisions in their respective cases. It should be noted that employment law is being practiced in almost every country of the world with their alliance to international labor law (Barnard, 2006). Part 1 (a ) Rights of Employees under Section 1- Employment Particulars During the period of employment, the employee and the employer both should be aware of their rights and authorities. i. Sub- Section 3 and 4: Where on one hand, it is important for the employer to have complete information and trust of the employee; ii. CONT: it is also very significant for the employee to know what his rights are and to know what he can claim in the case of a conflict with his employer. Employment Rights Act of 1996 clearly defines these situations for both of them. The section 1 of the law deals with the employment particulars and the employment statement. This section of the law is a kind of guideline for the employee to know what his rights are during employment and at the time of termination fair or unfair so they get to know what sort of word and conditions to expect from the tribunal in case of any breach from the employer(Barnard, 2006) Subsection 1 of Section1 states: Where an employee begins emp loyment with an employer, the employer shall give to the employee a written statement of particulars of employmentÃ¢â¬ (Gavin Mansfield, 2011, p. 581) Under the statement of particulars of the section 1 subsection 1 of the Employment Rights Act of 1996, any employee is provided with a statement of particulars when he starts any job (Section 1, sub section1). 1 The subsection 2 of section 1 further explains the subsection 1 stating that: The statement may (subject to section 2(4)) be given in installments and shall be given not later than two months after the beginning of the employment (Gavin Mansfield, 2011, p. 581)Ã¢â¬ The statement of particulars must be given to the employee within eight weeks of the start of his employment (Section 1, Subsection2). Subsection 3 & 4: i. The section 1 of the law basically deals with this statement of particulars, the details and the terms and guidelines for the deal between the employer and the employee. ii. The statement has a list of thin gs entitled, from the name of the employee and the job description to the salary wages and its payment schedule (Section 1, Subsection3 & 4). As stated in the clauses of the Subsection 3 & 4: 3- Ã¢â¬Å"The statement shall contain particulars of: (a) the names of the employer and employee, (b) the date when the employment beganÃ¢â¬ 4- Ã¢â¬Å".