Employment Law

Employment law (also known as labour law) governs the legal relationship between employers and employees. It sets out the rights, obligations, and protections in the workplace, aiming to create fair and safe conditions while allowing businesses to operate effectively. Employment law plays a crucial role in regulating modern economies and ensuring dignity at work.

1. What Is Employment Law?

Employment law regulates:

• The terms and conditions of employment

• The rights and responsibilities of both employers and workers

• How disputes are handled in the workplace

• Workplace health and safety

• Protection against discrimination, harassment, and unfair dismissal

It applies from the moment a job is advertised through to termination of employment and beyond.

2. Key Areas of Employment Law

Employment Contracts

• May be written, oral, or implied

• Must comply with minimum legal standards

• Includes duties like wages, hours, leave entitlements, notice periods

Minimum Standards and Conditions

Often set by:

• Legislation (e.g., Fair Labor Standards Act in the US, National Employment Standards in Australia)

• Industrial awards or collective agreements

• Company policies

Standards may include:

• Minimum wage

• Working hours and breaks

• Annual and sick leave

• Parental leave

Workplace Health and Safety (WHS/OHS)

• Employers must provide a safe working environment

• Employees must follow safety instructions and use equipment properly

• Regulators may inspect workplaces and enforce compliance

Anti-Discrimination and Equal Opportunity

• Protection from discrimination based on race, sex, age, disability, religion, etc.

• Laws also cover harassment, bullying, and victimisation

• Promotes fair hiring, promotion, and treatment

Termination and Dismissal

• Rules about notice periods, redundancy, and dismissal for misconduct

• Unfair dismissal laws protect employees from being fired without cause

• Constructive dismissal: when an employee is forced to resign due to employer conduct

Employee vs. Independent Contractor

• Different rights and obligations apply

• Tests assess the degree of control, independence, and economic risk

• Misclassification can result in legal penalties

3. Employment Law in Practice

1. Recruitment and Onboarding

   • Anti-discrimination laws apply at the hiring stage

   • Contracts must be compliant with labour standards

2. During Employment

   • Entitlements accrue, and protections apply (e.g., against unsafe work)

   • Disputes may be handled internally or by external bodies

3. Ending Employment

   • Lawful processes must be followed

   • Workers may be entitled to severance, references, or dispute resolution

4. Employment Law in Different Countries