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Report on Employment Law in USA and China

   

Added on  2020-06-04

14 Pages5150 Words49 Views
International EmploymentLaw

Table of ContentsINTRODUCTION...........................................................................................................................1TASK...............................................................................................................................................1CONCLUSION..............................................................................................................................11REFERENCES..............................................................................................................................12

INTRODUCTIONThere are many people who is having a job of some kind and fulling their needs. So,there are many laws which have been framed in regard to rights of employees. Employment lawis legal legislation where it governs relationship between employer and workers Therefore, itbecomes critical for organisation, if they are having more than one employee, and essential forthem to apply employment law. This regulation has been driven by disputes, not by legislations.As these involve; discrimination, privacy and workplace information access or wages andwelfares. This law includes workplace contracts, statutes, policies and common law (court law) 1.This law also consists thousands of state and federal statutes, judicial decisions, administrativeregulations. Besides that, there are also many laws which were legislated as protective labourlegislations. In present report, two jurisdictions of USA and China is explained regardingemployment law. In this, various roles and responsibilities, rights of employees have beendiscussed. TASKFor making an employment contract, it is significant to keep employee safe, provide themhealthy environment to make sure that employers act equitably. There also very sturdy businesscases for taking responsibilities seriously, not least because, if there is a fairly-treated workforceusually it helps in making more productive team. So, every organisation has to keep in theirmind, follow guidelines, strict towards rules which need not to complicated – can actually makestrengthen their business. In every country, government have set their own rules and regulations regardingemployment and it is necessary for large or small organisation to follow these laws. For example,in US authorities, parliaments and government has framed rights and duties of employees. The1Spalding, Andrew Brady. "The Irony of International Business Law: US Progressivism,China’s New Laissez Faire, and Their Impact in the Developing World." (2011).1

basic aim of labour law is to provide remedy regarding “inequality of bargaining power” amongemployees and employers. The department of Labour enforces and administer more than 175federal laws 2. These ordinances are mandates for implementing laws and through this it covermany activities of workplace about 9 million employers and 120 million workers. Here are somefollowing description of laws which has been framed by government of US in regard to workers,job seekers.Wages and hours – Fair labour Standards Act, prescribes the standards for wages andovertime pay. As this act is affect to both public and private employees. As this act isadministering by Wage and Hour Division. This act is applying to those enterprises who areengage in selling or working upon materials or goods 3. But this act does not cover thoseenterprises whose annual dollar is less than 50,000. In addition to this act, it covers domesticservice workers such as housekeepers, day workers, full-time staff and many more.Workplace and safety – Occupational Safety and Health Act of 1970 is governed byOSHA. This act defines, “person who are engaged in business affecting commerce and having anemployee, but it does not include political subdivision of state of US. Therefore, this act anapplies to those employers and employees who are belonging from different fields such as;construction, charity, manufacturing, organised labour and so on. This act does not cover; stateand local government employees (unless and until they are approved by OSHA-state plan), self-employed person. Worker’s compensation – If workers are belonging from private or governmentcompanies, then they should contract worker’s compensation programme for their benefits 4. Theoffice of workers’ compensation programme and department of labour does not have any role inregard to administration or oversight these agenda. 2Dickerson, Claire Moore. "Informal-Sector Entrepreneurs, Development and FormalLaw: A Functional Understanding of Business Law."The American Journal ofComparative Law59, no. 1 (2011): 179-226.3Bagenstos, Samuel R. "Employment Law and Social Equality."Mich. L. Rev.112(2013): 225.4Cahill, Kevin E., Michael D. Giandrea, and Joseph F. Quinn. "Bridge employment."(2013).2

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