Modern Concepts of Labour Law and the Employment Contract

In the past, the common law appeared to value the need for an employee to be loyal and obedient and there was no responsibility on the part of the employer to ensure that the worker had access to economic welfare and job security. However, it appears that the common law also imported the notion of an implied obligation of mutual trust and confidence between employers and employees and that this pattern is evidenct in the jurisprudence of courts in the United States. It is argued by many legal scholars that the pattern of employment law as it is dealt with by the common law tends to favour employers in that labour unions are regulated with an assumption of distrust and that the law tends to adopt the values of conservative political participants such as journalists, politicians and senior bureacrats.

It is often referred to as the unitary view of labour relations which is contrasted with some of the other views such as the pluralist approach which recognises that management and labour may and do have different and competing interests because employers are ultimately concerned to make profit whereas employees are most focused on having the best possible working conditions, a healthly and safe work environment and occupational security. The pluralist view is sometimes extended to what is termed the radical view of labour relations which is associated with Marxist economic theory and posits that capitalism is endemically prone to industrial conflict owning to the exploitative nature of economic relationships in a captialist system. However, many scholars seem to accept that both the radical and libertartian view of labour relations are too extreme to accurately reflect reality.

In the modern super flexible economy where persons can and do change careers quickly and regularly, there are few workplaces with standard hours of work and there are increasing numbers of people engaged in work from home via the phenomenon of teleworking, the old concepts of labour law are beginning to become outdated. In previous times the concept of labour law was that a person would do work for an employer in a single location, in a single occupation for a single employer. Now workers tend to work a range of employers at once, often on a part time or casual basis. Also, there are now a large number of people who view themselves as self-employed. These trends are explained by the preceived desire of workers to claim flexibility in their working arrangements. It also means that greater efficiency can be gained from the power of technology to allow teleworking. However, despite all of these changes, there has not been a repudiation of the need for there to be a written employment contract between an employer and employee.

Employment Standards Act 101

The Canadian labour force is bound by some of the strictest laws in the world. The right to fair wages, equal treatment and safe practises are just some of the rights that Canadian workers are entitled to in this country. Each province has its own set of rules that protect its workers.

In Ontario, these rights are set out in writing in a piece of legislation known as the Employment Standards Act (ESA).

The purpose of the ESA is to set out the various rights of employees and outline the rules that employers must follow in Ontario workplaces. Most employees/employers fall under the ESA. However, federally-regulated jobs (such as those at banks, post offices, radio/TV) operate under federal labour standards. Yet, interns, inmates and police officers are protected under a different set of labour laws instead.

The ESA covers a wide range of employment standards. These areas include: minimum requirements for workplaces, assistance of employees with family obligations, and increased flexibility in work arrangements.

Some specific subjects under the ESA include: hours of work, meal breaks, family medical leave and equal pay for equal work.

Below are the top 5 areas covered and the provisions that apply to each...

1. Payment of wages

All employers must establish a regular pay period/payday for their employees.Other than vacation pay that is accruing, an employer must pay all of the wages earned in each pay period no later than the employee's regular payday.

These wages can be paid to the employee in cash, cheque or direct deposit into the employee's account at a bank or financial institution.

2. Minimum wage

A minimum wage is the absolute lowest wage an employer can pay to an employee for work performed. In Ontario, the General minimum wage is $10.25/hour. The Student minimum wage is $9.60/hour. Meanwhile, a Liquor Server's minimum wage is $8.90/hour.

3. Hours of work

Eight hours/day is the maximum number of hours most employees can be required to work. Meanwhile, the maximum number of hours an employee can be required to work is 48 hours/per week.

According to the ESA, the only way the daily and weekly maximums can be exceeded is by written agreement and approval by the Director of Employment Standards as mentioned by immigration service.

4. Vacation

Employees are entitled to two weeks of vacation time after each 12-month vacation entitlement year. According to the Ontario Ministry of Labour, a vacation entitlement year is a recurring 12-month period beginning on the employee's date of hire.

Vacation pay must be at least four per cent of the "gross" wages (excluding any vacation pay) earned in the 12-month vacation entitlement year.

5. Public holidays

Ontario currently has nine public holidays. They are: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day.

Most employees are entitled to take these days off work and be paid public holiday pay. Or, they can agree in writing to work on the holiday and they will be compensated as follows:i) public holiday pay plus premium pay for the hours worked on the public holiday, orii) their regular rate for hours worked on the holiday, plus they will receive another day off (called a "substitute" holiday) with public holiday pay.

Familiarizing yourself with the ESA will not only secure your knowledge about provincial labour laws, but it will also protect you from unjust labour violations in your workplace.

Many California Employees Are Misclassified Under the Executive Exemption

Executive Exemption

According to the Division of Labor Standards Enforcement Glossary, the Executive Exemption covers employees who work as managers and meet the following requirements:   

They must oversee the work of at least two employees at their workplace.   

They must have control over the hiring, promotion, and termination of these employees.    They must ordinarily and frequently operate using "discretion and independent judgment".   

For full-time employment, they must earn at least two times the current minimum wage on a monthly basis.

Ultimately, if an employee does not meet all of these requirements, they should be automatically classified as non-exempt and entitled to overtime pay and other related benefits.

National Retailers

In the United States, there are a lot of national retailers that have misclassified their employees under the Executive Exemption. Recently, one major retailer was accused of misclassifying their "Store Managers" as exempt employees.

These employees have claimed that they mostly complete rudimentary tasks on a day-to-day basis as Store Managers. Some of their non-executive and non-exempt tasks include working as cashiers, addressing customer service complaints, stocking inventory, and cleaning.

Even though these employees are currently considered exempt under the Executive Exemption, they claim that they do not meet all of the necessary requirements. For more information on the Executive Exemption requirements, visit http://www.dir.ca.gov/dlse/glossary.asp.

Why are managers often misclassified?

Even though the Executive Exemption pertains to managerial employees, that does not mean that all managers are automatically eligible under it. Managers are only eligible if their position meets all of the Executive Exemption requirements. Therefore, it is important to note that having the word "manager" in your job title does not determine your status of being either an exempt or a non-exempt employee. Your roles and responsibilities determine your status.

Ultimately, employers need to be extremely diligent when classifying their employees. If they are classifying employees under the Executive Exemption, it is critical for them to make sure that they are precisely following all of the criteria.

Misclassification Litigation

Unfortunately, multitudes of companies misclassify their employees both deliberately and undeliberately. As a general rule, the larger the company, the more likely it will contain misclassified employees. This explains why most misclassification cases are class action lawsuits.

As an employee, it is often your responsibility to ensure that you are receiving the pay that you deserve. If you are considered an exempt employee but do not meet all of the requirements, you should contact an employment lawyer to see if you have a case to obtain the necessary back pay.

Work Health and Safety Laws Update

In October 2007, the then Opposition Industrial Relations Spokesperson, Julia Gillard (now Prime Minister), announced that her future government would move towards a more harmonised approach to Work Health and Safety (WHS) and Workers Compensation legislation within Australia.

Under the Australian Constitution the Federal Government does not have powers to make workplace health and safety laws so too the approach of negotiating with the States and Territories to develop 'model' laws that could then be adopted in each jurisdiction to result in 'harmonised' laws across the country

.The Labor party was elected and by May 2008, as Industrial Relations Minister, Ms Gillard announced that a national review would be undertaken of all Work Health and Safety laws across the country. The resultant findings were published and public submissions were sort

.Hundreds of submissions were received and a great deal of debate occurred within the community, industry, by unions and across the jurisdictions of Australia.

Several jurisictions enacted their versions of the law with start dates of 1st January 2012. South Australian and Tasmanian recently moved toward an effective start date of 1st January 2013.

However, neither Victoria nor Wester Australia appear to be moving toward the new laws. Recently the Federal Minister for Employment and Workplace Relations, Bill Shorten, called upon the Victorian and Western Australian governments to introduce their new health and safety laws."Workers and employers in South Australia and Tasmania will join millions of other Australians already benefiting from harmonised WHS laws in other states and territories. This year marks the first time in history the majority of Australians will be covered by harmonised work health and safety arrangements," the Minister said.

The new Work Health and Safety Act and Regulation is intended to drive consistency and reduce red tape, particularly for businesses working across 2 or more jurisdictions. According to to the Ministor Shorten, the increased productivity is worth up to $2 billion a year over the next 10 years.The result, for now, is that business has a variety of obligations across Australia. However, for the first time, all jurisdictions are discussing Work Health and Safety across borders. The national government is engaged and the future looks like a harmonised approach.

It is vital that businesses act now to determine what their current and future legal obligations are. Those operating across jurisdictions may have varied start date. The new laws bring a different approach, additional obligations and higher penalties than have existed before. Boards, business owners, senior managers have a legal obligation to carry out WHS Compliance Checks to ensure they are keeping their workers safe.

What You Need to Know About Labor Laws

If you are a business owner at present or if you are planning on becoming one, then you need to know much about labor laws. These are the laws that concern the rights of the employees and about the state of their relationship to their employers. Ignorance about these laws is not an excuse, should you commit a violation.

It is important that you should know about these legal matters so you should be aware of what you can and what you cannot do. Here are some of the important things that you should be aware of:

It Varies from State to State- You should keep in mind that laws dealing with employee and employer relations are different from each state. When a state sets a higher minimum wage than the Federal minimum wage, the higher wage takes effect. So you should know about the laws in your area as well.

Overtime Payment- One of the most common source of problems when it comes to labor relations is the matter of overtime. By definition, overtime pay is any work rendered over what has been legally set as minimum by the law. Federal law requires that employees pay their workers 1.5 times more than the normal rate for anything over 40 hours per week.Lunch and Coffee Breaks- This is another issue where a lot of people are having trouble with. You might be surprised to learn that employers are not obliged to provide their workers with any lunch breaks or coffee breaks. You can provide them with lunch breaks, but you will not be obliged to pay for that time.

The State Requirements- Things might be different though on the state level. Your state law might require employers to provide 30 minute meal breaks and that would have to be mandatory. That's why you should know all about state laws.

Minimum Wage- There are some exceptions, but the government has set a minimum wage for all employees in the United States. Exceptions would include those workers who are able to receive tips from the performance of their duties such as waiters and bellboys. As mentioned earlier the state might set a higher minimum wage and that would take effect.

Discrimination- You should never encourage discrimination in the workplace. Discrimination based on gender, sexual preference, religious belief, and disability have no place in the work place and as an employer you should do everything to make sure that it is not encouraged amongst your employees. That can lead to trouble for you.

These are just some of the basic things that you ought to know about laws concerning labor and employer relations. If you are planning on setting up a business then you should know all about this and many more so that you do not violate the rights of your employees

.There are so many cases where the employer makes a move that is illegal, thinking that he is well within his rights. Committing that kind of mistake can be very costly for you in the end. So you should never forget what you have learned here.

Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Reasons for Problems With Employees

Employees have needs and expectations about their workplace and their employment. If some of these things are not met then they are liable to cause some problems. That is never a good thing for the workplace. In order to help both employers and employees, here are some of the more common reasons for employee problems today:

Boredom- There could be a lot of reasons why an employee could become bored with their work. It could be that their task is too simple and repetitive. It is also possible that the workplace seems uninteresting and plain to them.Whatever the reason is behind this boredom, it is important that you should know all about it because it can drive an employee to become dissatisfied with the work. That can cause more serious concerns later on.

Lack of Rewards- If employees do not see the chance of getting enough rewards then they might lose the motivation to work properly. Sometimes even if there are rewards that are offered, but if they are not enticing then that can cause problems in the long run.All employees should be given an equal chance when it comes to getting rewards. It should also be high enough for them to become motivated to perform better.

Lack of or Inadequate Training- Sometimes an employee might be hired without his ability to perform the task for which he has been hired being properly assessed. When this happens he would be unable to deal with the work and the task that is expected of him. The worker might be ashamed or afraid to admit that he does not know how to do some things.

The good news is that this can be easily remedied with proper training and enough coaching. The important part of the process here is for the employee to understand that it is okay for him to admit ignorance about some parts of the job. That it would be better to say that he does not know how to do something than to pretend and cause problems later on.

Lack of Resources- The resources that we are referring to here are the supplies, equipment, and materials needed by a company or a business to function. When those materials are lacking a worker might have a hard time accomplishing his tasks and so he might become dissatisfied.

An employer should see to it that all the materials and supplies that will be needed by his employees are there and available in adequate supply. Failure to do so could lead to more serious problems with his employees.

Personal Problems- We always hear how employees should not bring their personal problems to the workplace, but we all know how impossible that is. The performance of employees would always be affected no matter what and we should bear that in mind.

These are just some of the reasons why an employee might become dissatisfied with his workplace. You should do everything that you can so that these things will not happen to your business or your company or that might affect its performance in the long run.

Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Basic Information on Indian Labour Law

Labour rights are integral part of socio-economic development of every country across the world. To protect these rights, every nation has passed certain laws addressing the restrictions and legal benefits of the labours and their organisations. These laws are commonly referred as Labour Laws.

In simple words, labour law is a legal structure or an administrative ruling that deals with the rights and restrictions imposed on the labours and their organisations by the government. Generally, it covers the demands of the employees to have better working conditions, the right to form trade union or to work independently without joining the union and other safety rights. Similarly, it also covers demands of the employers to keep control over - the use of power by the worker's organisations, the costs of labour, costly health and safety requirements of the workers, etc.

Indian Labour Law:

Like other nations, the labour law in India also covers the same fundamental labour rights that are required to maintain harmonious relationship between the employees, employers and the trade unions. However, there are certain amendments made in the laws depending on the culture, society and constitution of India.

All the commercial establishments in the country are required to implement the Central and State Government labour law enactments to be recognised as legally authorised organisations. Some of the essential Central Government enactments are as follow:

• The Employees' Provident Fund Act, 1952

• The Employees' State Insurance Act, 1948

• The Minimum Wages Act, 1948

• The Contract Labour (Regulation and Abolition) Act 1970

• The Payment of Bonus Act, 1965

• The Maternity Benefit Act, 1961

• The Payment of Wages Act, 1936

• The Equal Remuneration Act, 1976

The companies have to adhere to the above enactments and other allied laws for the smooth functioning of their business. Any company that doesn't follow the rules listed in these enactments is subject to punishment by the government of India. It is to be noted that the organisations with large operations across the nation find it difficult to keep account of every enactment. So, they may forget to follow one or sometimes many rules of the given enactments.Therefore, the organisations are recommended to hire a labour law consultant or outsource their legal work related to the rights of workers to a consultancy. These consultancies offer comprehensive services, which normally include -

• Activities related to registration and licensing necessary under the labour laws,

• Calculating periodical liability

,• Maintaining records and statutory registers,

• Documenting and submitting periodical statutory reports,

• Attending periodical statutory inspections and

• Other allied services.In short, Indian Labour Law has all the necessary provisions to maintain healthy relationship between the working people and their organisations provided both the parties strictly adhere to these legal provisions.

What You Should Know About Work Related Problems

It is important that we do well in our work, but it is also important that we maintain all the other aspects of our lives. We cannot just focus on our work and neglect the other things that are just as vital to us.

Other things that we have to be on the lookout for are the different issues that we might encounter at the work place. We should know about these issues, so we would be aware of how to deal with it in case it happens to us. Here are some of the major issues that you ought to know about:

· Benefits- This is one of the biggest areas of concern for both employees and employer. The employees would want to get as much benefits as possible and the employers know the value of a good benefits package in improving employment retentions. The problem starts when the package falls short of what has been promised to the employees.

· Pay Raise- Large companies usually have systems in place in order to determine the right order to be followed for pay raises. It is the smaller companies that might have a hard time in following this. It becomes a major issue as employees become more tenured.

· Pay Equity- Employers should make sure that they have a system to be followed when it comes to pay equity. Unequal pay among employees, especially those in the same position can be a major concern and a cause of problems.

· H.R. Dept. - Some employees are not satisfied with the way that their company's HR department is handling their concerns. They expect it to be capable of helping them out and explain things that they don't understand about their status as employees and other things related to that.

· Micromanagement- A lot of business owners are still following this type of management even after it's been proven that it's really not productive at all. The employees should be given the sense that they actually have some form of freedom and that their every move is not being watched.

· Lack of Communication- While employees should be given some freedom when it comes to the actions that they can do, they should also have the feeling that they can talk to their bosses anytime that they want. Communication is very important in business to make sure that everyone knows what is going on.

· Workplace Condition- Since people started working for large companies, workplace condition has always been a major work related issue. How safe and clean is it? If there are obvious dangers in place then people might have some reason to be worried about their condition.

· Salary and Compensation- This is probably the biggest concern of employees. They are not working for fun after all, they're in it for the money and salary delays could be the biggest source of problem.

These are just some of the issues that an employee might be concerned about. You should look into these and know how you can deal with them, in case you encounter problems with it."Have you ever worked overtime hours and not gotten paid? Did you know that you can recover overtime pay even if you were a salaried employee or a manager / supervisor?

Even if you did not have to keep records of the hours you worked, you still have the right to receive compensation when you work overtime. The Fair Law Firm can help you to determine whether or not you are eligible to bring a claim against your employer.

Top 5 Questions For Those Injured On The Job

California injured workers face an uphill battle in their workers compensation cases ever since the work comp reforms of 2004 and 2012. Without a workers compensation attorney, the deck is stacked against the injured worker. There are many questions facing an injured worker, however I will narrow them down to five for this work comp article. These are the questions which generally come up in the early stages of a workers comp case.

How will I pay my bills while I'm on work comp? If you've been injured at work and are temporarily unable to return to work because of your workers compensation injury, you may be entitled to workers compensation benefits. If your work injury case is accepted by the insurance company, you will receive temporary disability benefits. Workers comp temporary disability benefits range from a minimum of $206.17 to $1010.30 as of 2012. Work comp temporary disability is not related based on two thirds of your average weekly wage. If your claim is denied or on delay, your workers compensation attorney can help you collect state disability insurance while your workers comp claim is being litigated. All California workers pay into the state disability system unless you have a private short-term or long-term disability policy.

The employers work comp doctor says nothing is wrong with me, what do I do? Early in most workers comp cases the injured worker will see an industrial medical doctor. Most of these doctors work for the employer and insurance company directly. In order to get repeat work comp business, they must do their bidding. Think about it, they only have to deal with the injured worker once but have to deal with the insurance company forever. A work injury lawyer can assess the opinion of that first doctor and how it relates to your workers compensation injury. If you are not receiving the upper level of work comp care, a knowledgeable workers compensation attorney can direct you to a work injury doctor who will properly assess your workers compensation injury. Most work comp insurance companies have medical provider networks which are complicated to navigate. An experienced personal injury attorney can help you through this.

I received a list of three doctors in the mail from the state, what do I do? If you do not have a workers comp attorney you will be required to use a doctor from a state panel. Unless you have years of regional workers compknowledge this is a dangerous prospect for you as the lists are full of defense oriented workers compensation physicians. If the insurance company objects to the findings of your work injury physician or you ask for a panel of doctors, immediately seek the advice of a work injury attorney before you pick a doctor on that list. Once you have seen a doctor on that list and you do not have an attorney, you're stuck with that doctor's opinion. Before you see a doctor on that list, seek the advice of an experienced local work comp attorney first.The workers compensation insurance company says I have a work comp injury but I get no disability money? Often times the insurance company's doctor will find that you have an injury that gives you little or no disability. A workers compensation lawyer can help you obtain a second opinion within the workers compensation insurance company medical provider network as you are entitled to three opinions within that network. A work injury attorney can also help you obtain an opinion to and including medical examiner for a state panel qualified medical evaluator.

I have a work comp injury but received a denial letter from the workers compensation insurance company, what do I do? If your claim is denied, the insurance company will not be paying you any work comp benefits unless the situation changes. You can litigate your work comp case yourself, but I would advise against it unless you happen to be a workers compadjuster or have similar years of knowledge. If your claim is denied, it is considered essentially worthless by the insurance company. So by hiring an experienced local workers comp attorney or personal injury attorney you have nowhere to go but up. A work injury lawyer can obtain medical evidence you are going to need in court to find that denial or negotiate a fair settlement.

Occupational Health and Safety - Where It Can Take You

From January 1 2012, the Australian Government implemented brand new OH&S regulations with the aim to harmonise the legal requirements throughout the nation. Currently, Queensland, New South Wales and the Australian Capital Territory are operating under the new 'Occupational Health and Safety' system.

The former lack of standardisation proved to be problematic and the current consistency now allows employers to gain a thorough understanding of their legal obligations through safety training, better ensuring employees' rights are paramount. Employers also better understand their rights and expectations.

In response to the new laws, the Australian Council of Trade Unions has created their national "Speak Up" campaign. The campaign is designed to empower employees to know their rights and have confidence to voice OH&S matters with the main focus being to reduce death, injury and illness at work.

The campaign provides all workers should:   

Have the option to deny an unsafe work task   

Know all safety hazards involved in their job role   

Be granted access to a qualified safety-officer to represent any occupational health and safety issue   

Overall have an acceptable working environment

To ensure these requirements are met, safety officers must comply with legislation, know how to identify hazards and assess and control occupational health and safety risks. As OH&S training is one of the most important facets of businesses today, these laws will affect a large variety of industries across the nation.

The new harmonisation of occupational health and safety laws brought in on 1 January 2012 bring significant changes workplaces need to be aware of.   

Though the model is labelled a 'Framework' each state will govern under separate legislation mimicking that framework   

Individual fines are up to $600,000 or 5 years imprisonment   

Company officers have due diligence requirements   

Company officers have a positive to prevent risk to safety   

Volunteers are now immune   

Fines increase to 3 million for corporate offences   

Obligations are placed on persons conducting business rather than the employers (small businesses and organisations are included)   

The Act makes clearer obligations towards the duties of contractors, referring to workers rather than employees   

All clients and visitors to workplaces have duties   

Consultation is required between all workers rather than employees

Things to Know About Labor and Wages

A wage/overtime attorney can help you if you have disputes concerning your pay and your overtime. Before you refer your case to these lawyers, however, you have got to know the basics about the laws covering labor and wage pay. You need to know that so you can decide for yourself if you have a strong case or not.

If you remain ignorant about these matters then you might not know when your rights are being violated and you might just go on working under the same conditions when you do not have to. Knowledge can empower you in this case. When you know that you are right and that you have been taken advantage of, then you can fight with the help of the right wage/overtime attorney to back you up.

Fair Labour Standards Act

- Employees are given protection and guarantees with the Fair Labor Standards Act or FLSA, which is the law concerning the wages, overtime pay and working hours of an employee. Under this law an employee should be paid for overtime once he works for more than 40 hours per week. This law is applicable to most employees. If you are one of the following then this law covers you:

- You are an hourly employee.

- You are an employee whose pay is based on commission or bonuses.

- You are receiving a regular salary.

Those categories would cover most -- if not all -- workers.

The Minimum Wage

- An employee is guaranteed that he would be paid no less than the minimum wage. That minimum wage has been determined by the government as the least amount that a person must have (in an hourly wage) in order to live a 'normal' life. There are certain cases where the minimum wage would not apply and these are:

- When an employee is still in training. The government is allowed to pay him something lower than the minimum, provided that they meet criteria.

- Employees who receive tips from the customers and clients are allowed to be paid less than the minimum as long as their tips would likely reach a certain amount.

Overtime- Overtime is paid when a worker works for more than forty hours each week. The rate for overtime pay is 1.5 times higher than that of regular pay. It is computed for each hour over the regular 40 hours a day. There are certain types of employees who are not required to be paid overtime if their salary already includes some form of compensation in exchange for it. These employees include doctors and executives who have irregular hours. Government employees, such as fire-fighters and police officers, also have other rules for overtime pay

Getting an Attorney- In cases where your employer has failed to pay you overtime you will need an attorney to help you out. They will be the one to tell you if you have a case under the Fair Labor Standards Act. There are many lawyers who specialize in this field of law. You can even conduct a search for wage/overtime attorney online.

Children and Women Labor Law

Recently I visited a packaging factory which was owned by one of my friend's father. They manufacture corrugated boxes (carton) with labor intensive processes. The formation of corrugated box includes many processes starting from the loading of huge paper reels on the corrugation machine, cutting and creasing, pasting, slotting, printing and ending with the stitching and bundling of the carton.

When I went to the manufacturing area of that company I was not surprised watching old women stitching and bundling the carton whereas small children transporting the corrugated boxes to the ware house and cleaning the waste of manufacturing area. When I asked the reason for hiring old women and such children for these tasks the owner of that company told me that due to the intense competition and increasing oil/gas and electricity prices it's very difficult to survive so to reduce their manufacturing cost they have to opt for such options.

If we talk regarding what Pakistani government has laid rules for the right of the labor in Pakistan we will come across different labor laws such as article 11 which states that child labor is prohibited and article 37(e) states that women should not be employed for the job which is not in accordance to their sex and age.

When I asked the owner of that company that is he not afraid if government comes to know that he is violating the labor law. He replied while smiling, afraid no way. Such activities are so common in Pakistan no one even give heed about this, everyone is just busy in earning in one way and another. Such statement from the owner tells us that the agencies which are protecting the labor laws in Pakistan are very inefficient and corrupt. If someone is caught, they very easily escape by bribing the officers.

Such exploitation of labor especially little children is not in favor of the country as they are the merely future of that nation. If they will be brought into the labor work from their childhood then who will go to schools and become future doctors, engineers and entrepreneur. Governments need to look after such activities and ensure that the department which has been kept responsible to ensure no such activities occur is working efficiently and effectively. Child labor results in the wastage of natural talent as these children if given opportunity to study can excel in different fields instead of just picking the garbage and doing donkey work.

Fire Rescue Personnel: What to Do When You're Hurt on the Job

Fire rescue personnel suffer work related injuries from time to time. A mistake doesn't have to happen for an injury to occur in this line of work. Smoke inhalation, burns, cuts, broken bones and other injuries can be sustained while responding to an emergency call. Worker's compensation is available to help get the medical attention needed for a healthy recovery.

Firefighters face dangerous situations everyday in their line of work. This can be anything from a small fire to a wildfire. Most recently, Denver area firefighters are fighting wildfires near Fort Collins. Over 300 firefighters were called to the scene to help extinguish this fire. The area in which a wildfire is located in can be treacherous terrain. Trees can fall, exhaustion can occur, the ground can be uneven or have unseen holes, and flames can get out of control. Even with every precaution put in place, an injury can still occur. As an injured firefighter, you have the right to file a Workers Compensation claim.

What is the First Step in Starting a Worker's Compensation Claim?

The first step in filing a Worker's Compensation claim is to notify your employer. Talk to your supervisor and ask that you be given an injury report to fill out. Your employer is obligated by law to provide you with a list of two doctors from which you will choose on Doctor. If you employer does not give you a list you may select your own doctor.

The only exception to this is when an injury is so sudden and serious you must get emergency care right away. If that is the case, then notify your employer once things stabilize.

What is the Second Step in Starting a Worker's Compensation Claim?

Second, it is critical to seek medical attention. At the hospital, explain that the injury occurred while you were in the field responding to an emergency call. This will start the process of filing your claim. The hospital will ask a series of questions to include in their initial report regarding what you were doing and how the accident occurred. Some of the questions they may ask a Firefighter would coincide with the type of emergency call they were responding to, if they had a full squad responding and if all of the Firefighter's safety gear was worn and worked properly. Questions pertaining specifically to the fire itself as to how involved it was, what type of building it was and what method of putting the flames out was used. They will ask for the circumstances surrounding the injury as well which could include safety precautions taken, response time, proper equipment being available and a proper command center being put in place.

It is very important to remember the sequence of events during the fire emergency call as closely as possible when filling out this paperwork. If you fell, it is important to remember what happened that made you fall, what direction that you fell in and what direction you landed in. The small details are important.

The Worker's Compensation website for Colorado has a FAQ section to help answer the most commonly asked questions are available here. Another item to keep in mind is that you should keep every receipt for anything you've spent out of pocket regarding your injury. Copies of all of these receipts should be made and submitted to the Worker's Compensation office for reimbursement.

Follow Up Care

Follow up care will be set up following your injury and/or release from the hospital. Firefighters can sustain a wide variety of injuries stemming from severe burns, burnt tracheas, broken bones, paralysis, organ damage and less severe injuries. With some of these injuries being severe, it may take months of rehabilitation and treatment to be able to return to the Firehouse again. A firefighter that has suffered severe burns may require several skin graft procedures and extensive physical therapy upon being released from the hospital. It is important that every procedure is completed and that every physical therapy is attended.

It is possible that breathing treatments may be needed for the rest of your life following an injury pertaining to your lungs. Lung function tests may be a large part of the follow up care process. Follow up care is an important part of both your healing process and your worker's compensation claim. Not following through with after care may show worker's compensation that you aren't really as injured as the reports state.

Worker's Compensation law can be very confusing. Attorneys are available to help you understand the difficulties that may come along with fighting for your rights as an injured Firefighter. You may ask why you need a lawyer to begin with and think you will be able to handle the claim on your own.

What Happened to Promotion by Merit?

Get a degree, learn the job, take on more responsibility, show initiative, arrive early, be flexible, work hard.

Advice we were given by other people.

What happens when you carry out all the advice other people gave you and you still do not get the promotion?

Most companies claim to promote based on merit.

(Yeah right)

I know many of you are saying what does merit have to do with job promotions? (I know I am)Just for the sake of clarification I will give you the short definition of merit.

Merit is your qualifications for the job.

It is why we go to school, why we learn the job, it is simply doing all the right things for the job.

When was the last time you heard of someone promoted based on their credentials? (I will give a minute)

Some people get promoted based on favoritism. Knowing the way things are done you have to change the way you are playing the game.

There are not many companies using credentials as part of their promotions. The workplace has always been competitive, but in today's economy it has become even more competitive.

You have to decide if you want to make favoritism work for you or sit on the sidelines and watch other people drive the car you want.

I bet many of you are saying I do not want to ruin my pride or sacrifice my character. (old way of thinking) There is always the exception to the rule, some people do get their promotion by merit.

My question to you is, Can you afford to leave your promotion to chance? If you know the rules of the game then why are you complaining about the foul?

I am not saying become somebody you are not

You can wait on the on the rules to change but the players who benefit do not want you to play, so they will never change the rules of the game.

You are probably worried about what your friends will say. I am not a company man. I have one thing to say to you who pays your bills?

I have worked all my adult life and not one time have I sacrificed my character sure I have been passed over for promotions, but if it is not for you-you can not do anything to change that.

You need to change your approach to jobs or job promotions. You have been counting on a system that is not played fairly.

I have not given up on all the right things to do, but adding tools to your tool belt equips you better for the job.

People rarely get hired based on merit anymore.

The bottom line is everybody has to learn the job so what makes you a better candidate than me if the playing field is level?

I have shared my feelings on this subject now it is your turn. The Working Bee is a dialogue, not a monologue.

What are your opinions on merit promotions?

Do you believe favoritism is more prevalent than reported?

What was some of the advice you were given?

Are you using your degree for your job?

Favoritism at Work: It Is Unlawful and Morally Wrong

Work Favoritism

We all have been a victim to favoritism at work. Favoritism means exactly how it sounds. Sometimes we are not aware when work favoritism happens to us. Have you lost a promotion because of favoritism?

There is a famous phrase that permeates throughout the workplace and in our everyday lives. The phrase is "It is not what you know, but who you know."What happened to promotion by merit?

As a young man I refused to believe favoritism in the workplace happens. I did not know I was naive. I think most people would say I was dumb to expect more.

I quickly learned that favoritism is rampant in some work environments and easily disguised.

Favoritism definition:

Favoritism=the showing of special favor.

Favoritism related words

Cronyism and Nepotism are more specialized terms.

How does favoritism relate to these terms?

While cronyism and nepotism are closely related to favoritism they describe the type of favoritism.

cronyism=refers to showing favoritism to friends or acquaintances.

I know you have heard of the phrase Good Ol' Boys. The term cronyism derives from this behavior. It has gone on for centuries.

A good example of this behavior is when politicians return favors to those who helped them get elected. The politician offers a position to one of his friends or he relaxes laws to help his colleagues.

Do you think cronyism is ethical?

Would you continue to support a politician if they were found guilty of cronyism?

Do you believe cronyism is the way things get done in Washington D.C.?

nepotism=refers to the favoritism shown to relatives. The term comes from the Latin word nepos meaning nephew.

I almost expect to lose a job to a relative. It may not be fair but employers are smart enough not to show they hired a person because of nepotism.

On the other hand I would report work favoritism if it was obvious. I would hate to work for the boss's son or close relative. I could never really trust him.

Most of the time it will be you who gets reassigned to another job if a problem arises.

Have you ever worked for a boss's son?

If a relative were hired instead of you, would you make noise or continue to be a loyal employee?

Can you name another environment where favoritism happens?

How can we fight favoritism?

Do you believe there are good reasons for showing favoritism?

If you were the benefactor of favoritism, how would you feel morally?Have you ever reported favoritism?

The bottom-line is that no matter what level of favoritism; if it's based on race, gender, religion it is illegal. The EEOC has laws protecting us against workplace favoritism.

If you feel you are a victim of workplace favoritism, you should file a grievance with the Equal Employment Opportunity Commission.

The E.E.O.C. is responsible for all discrimination in the workplace. Make sure you check with your job to see if you have a local representative.

The representative can help walk you through the grievance process or help you resolve the problem.

Keep in mind that nobody can stop you from filing a grievance with the EEOC. If you are discouraged from filing, then you may have another lawsuit.

If you are uncomfortable speaking to a co-worker you can contact an EEOC counselor.

Your employer has violated your rights if they retaliate against you for filing.

Do we expect favoritism at work?I hope this article helps someone and informs you that you have rights even at work.

When Can an Employee Be Terminated?

In as much as the employees have certain rights assured to them by law, employers also have inherent rights in conducting their business and in regulating their employees in all phases of employment from the time of hiring, assigning and transferring the employees, laying down the employees working benefits and conditions, disciplining up to terminating of employees. These rights are provided by law in the exercise of their management prerogatives.

The last phase of employment or the dismissal of an employee is the most talked about issue in labor and employment.

Indeed, the employer has the right to discipline its employees up to the extent of terminating the employment of those who have transgressed the rules and regulations of the employer. This right is available to employers for their self-preservation.

However, the government, in authorizing the employer to dismiss erring employees, still provides reasonable safeguards to the employees. Employees should only be dismissed legally.

So, when can an employee be validly terminated?

An employee can only be terminated for reasons allowed by law and if the procedural due process is complied with.

Causes of Termination

There are two kinds of causes for the employer to terminate his/her employee. These are just causes and authorized causes.

Just causes are those causes which are within the control of the employee. These are: serious misconduct or willful disobedience by the employee; gross or habitual neglect of the duties assigned; Fraudulent acts or willful breach of the employment contract entered into by both the employer and employee as well as the trust and confidence given to the employee; commission of a crime or offense against the employer, its family members and its authorized agents; and other similar causes.

Authorized Causes are those matters not within the control of the employees. These are those which will aid the employee in preventing company losses or tolling closure of the business of the employer by employing some labor-saving devices. Authorized causes also include disease prejudicial to the health of other employees because of the communicable nature of the disease, or when medical findings disclose that normal medical treatment is not enough as cure.

What is Procedural Due Process

Procedural due process is a requirement by law in dismissing or terminating an employee. The standard procedural due process set by law is the twin requirement of notice and hearing. Absence of any will cause the employer to be accountable for legal damages.

What Do the Changes to CAR Really Mean?

If you or anyone you love has been affected by asbestos you will know how serious the repercussions can be. The thin microscopic mineral fibres can cause serious damage to your health. They can cause a condition called asbestosis, which is an inflammatory condition of the lungs. This in turn leads to shortness of breath, coughing and in the end scarring of the lungs. All this makes it difficult to breathe and function normally. Asbestos can also lead to lung cancer or mesothelioma, a very rare form of cancer affecting the lining of the lungs, chest cavity or abdomen.

Since March this year, there has been a substantial rise in people contacting solicitors to claim for industrial diseases that have been contracted after exposure to the extremely harmful asbestos fibre. The main change to CAR, Control of Asbestos Regulations, was that people can now claim from the day they were exposed to asbestos rather than from the day their symptoms appeared. Some families will not find out that their loved one was affected by asbestos until after they are dead. However this change in regulations means that they can claim on policies dating as far back as the 1940s. This has already started making a huge difference to many families.

On a daily basis, 4000 people die of asbestos related causes and illnesses. However, this number could be a lot higher as many do not realise that this is the reason why they are ill. There is also a reason to be cautious as the number is likely to rise in the coming years. This is due to many building containing asbestos are being demolished and the harmful material is being replaced by safer products. The material is no in use in the same way as previously in the UK, and both blue and brown asbestos was banned in Great Britain in the mid-eighties.

The changes to CAR became official sixth of April this year. There are three main elements that are different and that should be kept in mind. Firstly, you are obliged to notify of any non-licenced work taking place. You must also keep records of this work, including names of those working on the job in question and their level of exposure. Lastly, by April 2015, a doctor must perform health surveillance on all staff working in asbestos environments.

Although there are continuous changes being made to the Control of Asbestos Regulations there are still some problems facing the industry and the people working in it.

What Is 13th Month Pay?

Every end of the year, many are excited waiting for a long vacation brought by the yuletide season. But aside from this period of relaxation, every employee has been anticipating for their bonuses, if not, 13th month pay.

Meaning of 13th Month Pay

What is 13th month pay? It is an additional benefit in a form of cash equivalent to not less than 1/12 of the total basic salary received by an employee. It is computed based on the number of months the employee has rendered his work within one whole year.

Payment to the employee of this additional remuneration is not just discretionary on the part of the employer but was held mandatory by law. It is not similar to bonuses which can only be given if the means or resources of the employer will permit them to do so. It shall be paid not later than the 24th day of December of each year. However the employer may give one-half of it before the opening of school year and the other half on or before the 24th day of December.

What is Basic Salary

The law clearly states the scope of basic salary of an employee. The "basic salary" of an employee for the purpose of computing the 13th month pay shall include all remunerations or earnings paid by his employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime premium, night differential and holiday pay, and cost-of-living allowances.

Who are entitled to 13th Month Pay

Only those rank and file employees who have worked for at least one month in a year with a company are entitled to receive 13th month pay. The law does not distinguish as to the status or designation of an employee, so we must not distinguish. Hence, it should be understood that even if not regular or permanent, an employee can receive such additional pay provided that he/she has worked for a month in a year.

Even if the employee has resigned after a month or has been terminated, he/she will still be given such a right. Computation of the 13th month pay must be proportionate to the time the employee has worked during the year.

For those who work in several companies, whether full time or part-time, they can demand for their 13th month pay from all of the companies where they work.

Non-payment of 13th Month Pay

In case the employer did not give the 13th month pay, the affected employees can rightfully demand for it from their employers. If despite demand, the employer refused to do so, a complaint to the Department of Labor and Employment or the National Labor Relations Commission must be had.

How To Effectively Manage Workplace Stress And Avoid Harassment

Working life is not always easy. Even in a job you love, issues may arise that are born out of workplace stress or outside harassment which could cause your working environment to become unpleasant. Looking at each of these issues, from stress to sexual harassment and office bullying, we will endeavour to find ways of dealing with them and putting the focus back on the work at hand.

Dealing with stress

If you find yourself working especially long hours, whether by choice and ambition or necessity, it can start to affect both your overall workplace performance and personal life. Once you are in the midst of a particularly nasty stress spiral it can be difficult to get out of. The best way of coping with workplace stress is to be aware of the early warning signs. When do you start feeling yourself get stressed? What brings it on? Once you know why you are stressed it is easier to deal with it.

Talk to your employer. They may seem scary at times, though hopefully they are perfectly lovely, but at the end of the day most employers have your best interests at heart. If workplace stress is affecting your job performance, then it becomes a managerial issue, one which your employer would be wise to help you through. Remember though, they can't lend assistance if they aren't aware of any problem.

Dealing with inappropriate behaviour

The workplace is not a singles mixer, and should not be treated as such. If you find yourself the object of unwanted desires at work this can develop into sexual harassment, which in itself is a significant source of stress for those affected by it. Sometimes those who are subject to harassment are hesitant to tell someone about it for fear it will affect their job standing; don't be. Whether they are in a position of power or not, they have no right to make you feel uncomfortable at work. If you are experiencing sexual harassment get advice from an employment lawyer as soon as possible. They will be able to talk you through the complaints process, discuss options going forward, and represent you in any meetings that take place as a result of the complaint.

Dealing with bullying

In a similar way, the workplace is not a school yard. Therefore there is no place for juvenile bullying tactics at work. Those subject to this type of harassment report feeling unnecessarily targeted in a negative light, publicly admonished, and generally subject to unfair treatment at the hands of their employer. By seeking the advice of a legal counsel specialising in employment matters you gain a valuable insight into the complaints process, and a powerful ally in resolving the matter favourably. Don't be afraid to seek help, and remember those committing the harassment are in the wrong.

Why Do I Need a Conveyancer?

A conveyancer, surprise surprise, is someone who is concerned with 'conveyancing'. This essentially means the legal transfer of 'title' from one person to the other. For those still furrowing their brow and squinting at the computer, a 'title' is a legal term which refers to the 'bundle' of rights that come with property ownership. When you own a piece of property this has to be defined so that you know your precise rights - the bounds of your premises most likely for instance, as well as whether you can refuse entry, sublet, make alterations etc. This serves as your evidence of ownership, but also outlines the details of that ownership. It is distinct however from 'possession' which is a part of ownership but not on its own legally binding or descriptive. In some cases possession and title are transferred separately.

This is of course a highly complicated and difficult procedure and using a conveyancer - also known as a conveyancing solicitor - can help you greatly to make this process go smoothly and to ensure that the property is successfully and completely transferred to your name.

There is an increase recently in the number of people trying to do their own conveyancing, and it is certainly true that there is technically no reason why you cannot do your own conveyancing. However if you should try to, and you are not aware of all the facets and details surrounding your bundle of rights, then it can potentially lead to problems.

When you first hire a conveyancer, they will initially outline their term and conditions and what they will do on your behalf. The main thing they will do here is to coordinate the various parties involved in this transfer and that will mean corresponding between you and those parties.

From here you will then have to sign a ream of paper work, and conveyancers here will follow a very specific procedure to ensure that each document is correctly filled out and at the correct time. If you attempt to do this yourself, and if you should miss out some important documents, then you might find that you actually end up not fully owning your property in a legal sense - and this can of course lead to a range of problems if you find yourself facing other legal problems.

Your conveyancer will be able to flag up any potential problems which might crop up during the transactions. For instance if paperwork hasn't been registered properly, if paperwork is missing, or if there is some kind of dispute regarding boundaries (in which case they may use land surveyors in order to help you more definitely define the bounds of your new home).

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It is also important for all involved parties to be checked in case they are attempting to use property transaction as a cover for various crimes. Your solicitor can then run the checks necessary with each institution to ensure that the transaction is legal, and that you aren't being taken for a ride. A great added benefit is also that conveyancers are insured against potential losses the transaction might incur which can help to make this a stress free process.

Agricultural Health and Safety

During the last few years, statistics have consistently been showing alarming results for agricultural safety in the UK. Most people would probably not believe it, but it is a renowned fact among safety professionals that agriculture is more dangerous than construction or manufacturing. Every year, on average between 40 or 50 workers are fatally injured, accounting for the highest death rate in UK.

These persistently high rates of ill-health and fatal injuries are even more alarming, if we consider the tiny proportion which agriculture represents for the whole economy. The percentage of national income contributed by agriculture is around 0.5% and it directly employs in a full or part- time capacity around half a million people.

Some of the main problems leading to this high level of safety accidents in farming activities are the un-wise risk taking, the lack of safety training and the fact that most often people are working alone. Among the main causes of injury for the industry are the use of machinery, farm transport, falls from heights and electrical faults.

Apart from the general safety requirements contemplated in the law, duty holders dedicated to farming need to put an additional effort in safety procedures and have a second look on some of the problems. Essentially, more investment of time and money would save a lot of hassle, problems and ultimately- money.- Training. One of the basic steps for professionals to take in order to avoid accidents in farming is to invest more in training. The law contemplates a large list of specific safety and skills courses, depending on the particular necessities of the agricultural activity. Good safety practice and training becomes a serious issue due to the constant fluctuation of the workforce in agriculture. Very often the contracted temporary workers are young workers or non- English speakers who need additional training, translation and attention in order to avoid serious injuries.

- Falls from heights is the second highest cause of death in agriculture. The Work at Height Regulations 2005 also covers agricultural work at height. Usually the most common reasons for falls in the farming industry are the inappropriate use of ladders, falls from unstable roofs and temporary structures, but mainly the use of unstable access equipment (such as buckets). Managers and duty holders have to bear in mind that this is one of the most common and costly accidents.

- Farm transport. Moving and overturning vehicles is also a common cause for fatal or very serious workplace injuries. The main priority of management needs to be to make sure employees are properly trained and hold the relevant driving licenses to operate the machinery. When employees are using lorries, vans, forklifts, tractors, cars, quads or other farming equipment, it is very important to be sure each worker is trained for the equipment and driving involved. It is common that an attempt of an employee whom is not holding an appropriate license, "to have a go" on a tractor for example, leads to somebody being seriously injured.

How to Patent an Invention to Best Protect Your Intellectual Property

Anyone who wants to secure exclusive rights to sell, produce, and use an invention that he created for a certain number of years must first secure a patent. A patent is a very specific type of document that contains the complete details of the terms and conditions set by the government so that the inventor can take full possession of the invention. The contents of the document also offer the holder of the patent the right to be compensated should other people or organizations infringe on the patent in any way. In this case, the patent holder has the right to pursue legal action against the offender. The terms of possession are also known collectively as the inventor's "intellectual property rights."Applying for a patent is beneficial in many ways. First, you have a powerful instrument to defend and safeguard your ideas and creations. Second, you hold a legal document that clearly states companies and individuals need to pay a certain amount if they choose to use your original ideas. Here are a few helpful guidelines on how you can secure a patent for your inventions.What you need to prepare for

Before you take the first step towards securing a patent, you must realize that the process takes time, effort, and a considerable amount of resources. Based on existing regulations, the acquisition of a basic patent takes an average of six years. You must be prepared to spend a considerable amount of money on attorney fees. Moreover, the patent industry deals with products differently. For instance, requirements and agreements for telecommunications and biotech products are different from consumer devices.

What you must decide on

It is also important to study the product or idea that you have created. You have to determine what kind of patent is most appropriate. Perhaps a trademark is the better option instead of a full patent. If you eventually decide to patent your idea, you can also develop and file it yourself. Experts warn those who decide on taking this road that it requires around 150 hours spread in a course of a few months in order to get started. The work continues for many years thereafter. Someone who has the patience and the attention to detail to come up the necessary paperwork can produce a DIY patent. Do you have these qualities? If so, you need to prepare yourself for the work involved.

What you need to know


You also need to know whether your invention qualifies for a patent. Is your idea or creation eligible for patent protection? This entails having an understanding of the patent laws in your country. There are specifications under existing laws that you must learn. In addition, do a patent search so that you can be sure that your invention is singular, unique, and different from anyone else's offering. If someone already has a patent for a similar idea, and there are insufficient differences so that your invention can be considered original, they your application will definitely be turned down.

Do you have an idea or product that can become an asset and a possible source of income for you? Learn about patent laws and the process of securing one, and you are on your way to turning your brilliant concept into money.