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Chapter I: Definitions and concepts of labor law Chapter I: Definitions and concepts of labor law

Chapter I: Definitions and concepts of labor law - PowerPoint Presentation

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Chapter I: Definitions and concepts of labor law - PPT Presentation

Definition of labor law Labour law is a contract of employment and it shall be formed where a person the employee agrees directly or indirectly to perform work for and under the authority of another the employer for a definite ID: 701313

employee employer employment work employer employee work employment contract service suspension occupational employees period due disease person injury law

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Slide1

Chapter I: Definitions and concepts of labor law

Definition of labor law

Labour

law is a

contract of employment and it shall

be

formed where a person (the employee)

agrees, directly or indirectly,

to perform

work for and under the authority of another (the employer) for a definite

or indefinite

period or piece work in return for

wages(salary /remuneration). Slide2

Elements of employment contract

Some elements to examine with regard the above mentioned definition

:-

1. Agreement

employment contract is based on

consent

and

voluntary enga

gement which

automatically excludes forced

labour

from

the ambit

of employment relations.

That

means

a person cannot be compelled to enter into

an employment relations. Slide3

Types of employment relations

A)

Direct expression

: An employment

may

be expressed

directly

whereby

a

person may directly or

personally negotiate

with his/her employer and conclude a contract of employment thereafter.Slide4

B

)Indirect expression

: the agreement may be

indirect

where by there is an as intermediaries(employment agencies) between the employer and the employee with a view to facilitating their relations. Slide5

2. Performance

of work

The

employee is to

perform work

for of the employer‖. The employee will be required to render

personal service

. In this sense, the employee is committing him/her/self to

rende

r personal

service for

the benefit of the employer. Slide6

the differences between contract of sale of goods and contract of employment

Contract of sale of goods is where the seller delivers something

tangible

to the buyer, whereas the employee is making his

service

available (i.e. something intangible) to the benefit of the employer. On the other had

, the

employee

can not delegate

his /her work to another

person

to render

service in his/her behalf.Slide7

3. Under

the authority of the employer

The employee will be required to render the

agreed service

within the frame work of

the

instruction

of the employer

.

The

employer will

direct, supervise and control

the manner and performance of the employee.

The

employer will have the power to

determin

e what work

to be

done

;

when

to be done

; where

to be done

;

how to be done

and with whom

to be done

.Slide8

However, that the authority granted to the employer over the employee is not meant and intended to establish a

master and servant

relationship.

On the contrary, it is within the framework of the

terms of the contract

and the scope of the authority of the employer over the employee will be limited by lawSlide9

the authority of the employer is different from an independent contractor

An

independent contractor performs work for the benefit

of his/her

client but in performing such work s/he is not under the strict direction of

the client

. The client in such cases is interested on the result and not on the manner how

the result

was achieved. For example, if a client seeks the service of a tailor to make him

a three

pieces suit, he will not have an interest

wher

e and

how

it is made so long as

the agreed

date and quality of the product is maintained. Slide10

But in case of an employer, he is

not

only interested on the result but also on the

manner of arriving

at such result.Slide11

4. Length of employment

As regards to duration, a contract of employment could be entered into either for definite period (for six months, for one year etc), or for indefinite period (i.e. for the life of the company), or for a specific assignment (to unload sacks of grain from a truck). For example such contracts like

marriage

, in principle, is a life long engagement. This is not the case

forcontract

of employment.Slide12

5. Wage

Contract of employment is not a

pro bono

service but, it is a service in return for wages. The employer will be expected and required to pay wage to the employee as s the employee is committing himself/herself to render personal service for the benefit and under the authority of the employer for the purpose of corresponding duty to perform. Slide13

Modes of payments of wages

:

The mode of payment for wage could be in

cash

or

in kind

though ordinarily payment is effected through cash.

As regards to the interval of payment, it could be in

daily, weekly, bi-monthly, monthly

etc.

ENDSlide14

Chapter- II- Some concepts about Individual Employment Relations

Individual employment

relation means is a contractual relation between an employee and his employer in their individual capacity.Slide15

Suspension

is a situation where the employee will not be required to provide

service

to the employer and the employer will not be obligated to

pay wages

and other benefits to

the employee. Nonetheless, their contractual engagement remains

intactSlide16

Ways of suspension

A contract of employment may be suspended for a variety of reasons:

Voluntary arrangement of the parties;

-Societal interest;

-Due to reasons beyond the control of the employer;

-Due to disciplinary

reasoSlide17

Voluntary Suspension

: The employer and the employee may agree to

suspend

their contractual relation for sometime

. For example

, the employee may get an offer for a better pay for six months of employment. In such case he

may request

her employer to grant his leave without pay for six months.Slide18

continue

Within the agreed six months, the employer will not pay the wages and other benefits to the employee, and the employee will not be required to render service for her employer.

At the

expiry of the six

months period, however, the parties will be reinstated to their previous employment relationSlide19

B. Suspension for the benefit of Society

: It is possible that the

employee

may be required to discharge national service (

be it military service or otherwise

).Slide20

C.

Suspension due to reasons beyond the control of the employer

:

At times situations where there is a temporary cassation of the undertaking may occur. Most of these situations are

economic reasons

though there may also other reasons.

For example

, the

Mararey

sugar factory may be compelled to

temporary suspend

its operations fully or partially due to the over flow of the

Shabelle

RiverSlide21

Who shall have the authority to determine the suspension??

Suspension is not within the sole discretion of the employer. It is however, subject to revision by the

Ministry of

Labour

. In order for the Ministry to determine whether the stated reason is

adequate

to suspend operation or not. However, the employer should give prior notice to the Minist

ry within rea

sonable time of period together with grounds of suspension. Slide22

If the Ministry

determines

there is sufficient ground for suspension, it will approve it and fix the duration of it

If the Ministry

determines

that there is no

adequate reason

to withhold operation, it will order the r

esumption

of the activities and

payment of wage

for the days on which the employees were suspended. Slide23

Failure to notify???

If the employer

fails

to inform the Ministry

ofthe

occurrence of a ground for suspension, it will not have valid ground to suspend its operation. Furthermore it may be liable to

fine

for failure to notifySlide24

D)

Disciplinary Suspension

: One

of the prerogatives of an employer is to take

disciplinary action

against an employee.

The employee on its part is required to render faithful service to the employer.

Failure to

observe such faithfulness may subject the employee to disciplinary action. Slide25

How to enforce disciplinary action???

The employer is expected to undertake the necessary

investigatio

n into alleged misconduct of the employee before taking any action. Until such time the investigation is completed, it may be appropriate to

suspend the employee

so that investigation could go smoothly.Slide26

E

:

Consequences of expiry of period of suspension

:

Normally as soon as the duration for suspension

expires

, the employee will be reinstated to his/her previous employment. But there may also be circumstances where suspension may be transformed into

termination

:Slide27

Continue

For instance, in case of disciplinary suspension

(e.g. if the outcome of the investigation shows a serious misconduct attributed to the

employee), the contract of the suspended employee may be terminated. Slide28

Continue--------

In case of suspension for reasons beyond the control of the employer, particularly suspension due

to economic reasons

,(e.g. if the

Mararay

factory cannot resume operation )suspension will be transformed into termination.

Slide29

Termination

is where contract of employment is come to and end.

A contract of employment

may be terminated

by law

on the following grounds

:

Expiry of the period or on the completion

of the work where the contract of employment is for a definite period or piece work;

Death of the worker

;

Retirement of the worker

in accordance with the relevant law;

When the enterprise ceases operation permanently or due to bankruptcy or for any other cause; or

Where the worker is unable to work due to

partial or permanent incapacity. Slide30

The contract may be terminated by the employee

on the following cases:

Where the employer has committed against him any act contrary to his

human dignity

and morals.Slide31

In the case of

imminent danger

threatening the worker’s safety or health, the employer, having been made aware of such danger, and the employer failed to act in time to avert the danger.Slide32

If the employer has repeatedly failed to fulfill his basic obligations towards the worker as prescribed under the lawSlide33

A contract of employment may only be terminated by the employer

on the following grounds:-

Absence

from work without good cause.

Deceitful or fraudulent conduct in carrying out his duties.

Misappropriation

of the property or fund of the employer with intent to procure for himself or a third person undue enrichmentSlide34

Responsibility for causing damage intentionally or through gross negligence to any property of the employer or to another property which is

directly

connected with the work of the employer

.Slide35

Chapter III- Special categories of Employees

A. Probationary employees:

At the commencement of a contract of employment, the employer is entitled to set a

probationary period (i.e.

trial period

). Slide36

The purpose of probation???

The purpose of probation is to test the

suitabilit

y

of the employee to a post in which he is intended to be assigned. Within the trial period, the employer is entitled

to dismiss

the employee with out any procedure if the employer convinced that the employee is unfit for the post.Slide37

B. Apprentice

This is a situation through which the employer agrees to provide a person (i.e. the

apprentice) complete and systematic

training

and the apprentice in return agrees to

serve

under the instruction given to carry out the trainingSlide38

How it beneficial to both parties???

The main interest of the employer in this relationship is not to obtain service it is rather to

provide training

to the apprentice. On the other hand, the main interest of the apprentice, is to acquire skill.

.Slide39

An apprenticeship agreement is an appropriate route in

transferring sk

ill in those trades where skill could be acquired through ―learning by doing‖ mechanism.Slide40

C. Young

employees

These are employees between the age of 14 and 18. Legally speaking, persons below the

age of 18 are minors and due to this status they are not allowed to enter into juridical acts personally.Slide41

D.

Female employees:

It is well known that women have special and irreplaceable reproductive role in society.

Because of this, their biological make up requires

special care

and

attentionSlide42

How to protect female employees

The law tries to regulate the situation of female employees from two angles:-

The first type

of regulation is providing flat protection available to all females by virtue of being female.

The other type

of regulation is providing special provisions for females under particular circumstances such as pregnancy and maternitySlide43

E. Employees with disability:-

Disability

meanspeople

with physical and mental disabilities

Studies have verified that over 600 million people worldwide have a physical, sensory,

intellectual or mental impairment in one form or another. This equals approximately 10%

of the world‘s population.Slide44

Reasonable accommodation to disabilities

Disability can sometimes affect an individual‘s ability to carry out a job in the usual or accustomed way.Slide45

Examples of a reasonable

accommodation:-

an adjusted office chair (for a person with a back impairment),

adapted working hours (e.g. for a person with a medical condition requiring frequent rest-breaks),

a computer keyboard with a Braille reader (for a blind person),

And the assignment of a job coach (e.g. for a person with an intellectual or mental health disabilitySlide46

Chapter IV- Legally stipulated minimum working conditions

a. Minimum Wage

Many jurisdictions have succeeded in prescribing minimum hourly/monthly wages to employees working within their territory.

Others leave this issue to the contracting parties.Slide47

b. Employment security(job security)

Another item for minimum working condition is trying to protect the employee from

unjustified dismissal

. Employment, for a worker, is not only a source of revenue but alsoSlide48

c. Normal Working hours

By normal working hours, we mean those periods in

a day or in a week

which employee regularly renders service to the benefit of his

employer.Slide49

d. Safe and Healthy working conditions

It is well known that industrial activities are

full of risks

.

Risks could be either to life, health, property or the environment

or to all. The Risk may express itself in the

form of accident, occupational disease or environmental pollutionSlide50

E. Preventive measures

At the level of prevention,

the employer

is bound to prevent preventable risks. For

this purpose, it is required to

provide safety equipments and train how and when to make

use of them

.

Nevertheless, it is worth noting that the

employee

has also a

correspondin

g duty at the level of prevention.Slide51

F. Remedial measures

This means once

industrial accident or occupational

disease is sustained,

the employer

is expected to

cover cost of medication

including the cost for any necessary prosthetic or orthopedic appliances so long as the injury is associated with the employment. Slide52

Employment injuries

Employment injury could be categorized into

two:

-They are either occupational

accident

or occupational

diseaseSlide53

A.

Occupational accident

is any organic injury or functional disorder sustained by an employee:

-while carrying out the employer‘s order at a place and time of work ;

-while at the place of work before or after his work or during tea or lunch breaks

-while the employee is proceeding to or from place of work in a transport service

provided by the employer

.

E.g. one

Bekele‟s

right hand was seriously injured while he was operating a machine at his place of work.Slide54

E.g. two

Dahabo

sustained injury when fire broke out at a

cafeteri

a within the compound of her place of work during a

tea break

while she was drinking tea. Although she was not

performing work

at the time of the injury, she was there for the

purpose of the work

and hence her injury can be assimilated to occupational accidentSlide55

E.g. three

Jama

’ was going to his place of work when the car he was in c

ollided

with a train. He thereby sustained serious bodily injury. The vehicle was a bus assigned by his employer to transport employees to and from place of work.

Another workmate of

Jama

Shifa

, similarly sustained injury on his way to work place using a taxi.

Shifa

hired the taxi by money he received from his employer in the form of transport allowance.Slide56

Are both cases related to occupational accident?

J

ama

’‟s

injury is occupational accident injury while

Shifa‟s

is not. The reason is

Jama

’ was going to work through a means of transport chosen and assigned by the employer and hence the employer is responsible for the consequences of its actions.

But

Shifa

was proceeding to work through a means of transport chosen by him. Thus he was going to work at his own risk and hence the employer liability.Slide57

B.

Occupational disease

, is any pathological condition whether caused by physical, chemical or biological :-

which rises as a consequence of the type of work performed by

the employee

or the surroundings in which the employee is obliged to work.

Nevertheless, occupational disease does not include

endemic and epidemic

disease which is

prevalen

t(common) in the area where the work is done.Slide58

E.g.

Osman

was a store keeper in a certain cotton plantation in Afar for five years. While at work, he contracted malaria and died due to it. His family instituted a court action against the

cotton plantation

for compensation claiming that their breadwinner died due to occupational disease.Slide59

Solution

The claim of the deceased‘s family is untenable under the law.

Malaria

in afar is an epidemic disease and hence contracting malaria in Afar is a

generally available risk to

inhabitants of the locality whether employed or not. Thus, it cannot be held as occupational diseaseSlide60

Another example,

Seid

is a health officer in the same cotton plantation. His job

responsibility was looking after the well being and health of the employees including

malaria prevention. While on duty, he contracted malaria.Slide61

Solution

It is an occupational disease for

Seid

because he is exposed to increased risk of malaria

contraction more than anybody else due to his job responsibilities. Hence he should be

protected from such risk if he is to effectively render service under the contract.

END