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work-law- (3).ppt
1.
2. â˘History of labour law
â˘International labour law
â˘International Labor
Organization
â˘Egypt's Long Labor History
3. Part One
Labor law
General provisions
General Characteristics of labor law
Chapter one
Contract of employment
General provisions
Trial period
Working Conditions
The Duration of Work
HOLIDAYS AND VACATIONS
Working Conditions of Women
4. Chapter two
Employer's obligations
1- Prohibition of discrimination, and equal treatment
2. Occupational safety and health
3- -Information on principal terms of work
4-Employer's obligation to offer work to a part-time employee
5-Information on vacancies
6- Minimum pay in the absence of a collective agreement
7- Pay during illness Employees
8-The employee's right to pay in the case of impediment to
work
- Exceptional paydays
Payment of pay
5. Chapter three
Employees' obligations
⢠Occupational safety and health
⢠Competing activity
â˘Business and trade secrets
â˘Agreement of non-competition
â˘Family leave
â˘Child-care leave
â˘Interruption of partial child-care leave
â˘Obligation to pay remuneration
â˘Return to work
7. Chapter Five
Termination of an employment contract
â˘Fixed-term contracts
â˘Retirement age
â˘Re-employment of an employee
⢠Financial and production-related grounds for
termination
â˘Bankruptcy or death of the employer
8. Chapter Six
Cancellation of the employment contract
â˘Lapse of cancellation right
⢠Procedures for terminating an employment
contract
⢠Appealing to the grounds for termination
⢠Hearing the employee and the employer
⢠Employer's duty to explain
⢠An employer's notification to the employment
office
⢠Experience of the employee
⢠Delivery of notice on the termination of an
employment contract
â˘
9. Chapter Seven
Dismissal unfair
Definition of Dismissal unfair
Procedure to be followed
Step 1: written statement of
grounds for action and invitation
to meeting
Step 2: the hearing
Step 3: appeal
10. Chapter Eight
Breach of contract
â˘Breach of contract by your
employer
⢠Mediation
â˘Legal action
â˘Employment Tribunal
â˘Civil courts
â˘Breach of contract by an employee
11. Part Two
Strikes
â˘History
â˘Categories of strikes
⢠Strikebreakers
â˘Union strikebreaking
â˘Methods used by employers to deal with strikes
â˘Strike preparation
â˘Strike breaking
â˘Union busting
â˘Lockout
12. Chapter One
Child labor
â˘Child labor involves at least one of the
following characteristics :
⢠Child labor can be found in nearly every
industry
â˘Causes of Child Labor
â˘Poverty and unemployment levels are high
â˘Existing laws or codes of conduct are often
violated
â˘Laws and enforcement are often inadequate
â˘Ending Child Labor
13. Chapter Two
Women labor
â˘Paid employment globally
â˘Laws protecting women's rights as
workers
â˘Barriers to equal participation
â˘Access to education and training
â˘Access to capital
â˘Discrimination within occupations
â˘Gender inequality by social class
14. â˘Definition of law
â˘A group of rules, general and
abstract, which govern the
behavior and the relationships of
the individuals in the society and
which are imposed by sanctions
enforced by the competent
public authorities.
15. Public and Private laws
â˘Public law is that part of law which
governs the relations of citizens with
the state, and of one state with
another.
â˘Thus, public law includes: public
International Law, Constitutional
law, Administrative law, Criminal
law, and Financial law.
16. Private law
â˘Private law is that part of law which
governs the relations of citizens
among themselves.
â˘It includes the civil law in its widest
sense Commercial law, labor law,
law of civil procedure and the
Private International law
17. â˘History of labor law
â˘Since the industrial revolution the
labour movement has been
concerned how economic
globalisation would weaken the
bargaining power of workers, as
their employers could move to hire
workers abroad without the
protection of the labour standards at
home.
18. â˘In the Fourth Annual International
Congress in 1869, the following was
resolved:
⢠the extension of the principle of free
trade, which induces between nations
such a competition that the interest of
the workman is liable to be lost sight of
and sacrificed in the fierce international
race between capitalists, demands that
such [unions] should be still further
extended and made international.
19. ⢠International labour law
â˘International labour law (also
called "labour standards") is the
body of rules spanning public
and private international law
which concern the rights and
duties of employees, employers,
trade unions and governments in
regulating the workplace.
20. â˘â˘The International Labour
Organization and the World Trade
Organization have been the main
international bodies involved in reform
labour markets.
â˘The International Monetary Fund
and the World Bank have
indirectly driven changes in labour
policy by demanding structural
adjustment conditions for receiving
loans or grants.
21. â˘International Labor Organization
â˘Following World War I , the Treaty of
Versailles contained the first constitution of
a new International Labour Organisation
founded on the principle that
â˘"labour is not a commodity",
and for the reason that "peace
can be established only if it is
based upon social justice".
22. â˘European labor law
â˘European labour law is the
developing field of laws relating
to rights of employment and
partnership at work within the
European Union and countries
adhering to the European
Convention on Human Rights
23. ⢠the European Union's competence in the
field of labour law : -
â˘(a) Improvement in particular of the working
environment to protect workers'. health and
safety (b) working conditions;
â˘(c) social security and social protection of
workers (d) protection of workers where their
employment contract is terminated;
â˘(e) The information and consultation of
workers;
â˘(f) representation and collective defence of the
interests of workers and employers ;
24. â˘(g) conditions of employment
for third-country nationals
legally residing in Union
territory;
â˘(h) the integration of
persons excluded from the
labour market ;
â˘(i) equality between men
25. â˘Labour movement
The labour movement has
led to reforms and workers'
rights, such as the two-day
weekend, minimum wage,
paid holidays, and the
achievement of the eight-
hour day for many workers.
26. THE EGYPTIAN LABOR
LAW
⢠The new Egyptian labor law promulgated by law
no 12 of 2003 (the âNew Labor Lawâ:
â˘The legal maximum working hours are eight per
day or forty-eight hours per week excluding
overtime and rest meal periods,
â˘and the employees must get a weekly rest which
must not be less than twenty-four hours.
⢠the general rule is that the employee is entitled to
six months of sick leave per year with pay between
27.
28. â˘Labor law
â˘Labor law or employment
law is the body of laws ,
administrative rulings, and
precedents which address the
legal rights of and restrictions
on ,working people and their
organizations .
29. â˘there are two broad categories
of labor law .
â˘First, collective labor law relates
to the tripartite relationship
between employee, employer and
union .
â˘Second, individual labor law
concerns employees' rights at
work
30. â˘General Characteristics of labor law
1- Work constitutes a right and shall
enjoy the protection of the State,
which shall care for the creation of
conditions of employment for all
citizens.
â˘2- The State shall adopt due
measures safeguarding the freedom
to unionize and the unhindered
exercise of related rights against any
31. 3-Strikes constitutes a right to be
exercised by lawfully established trade
unions in order to protect and promote
the financial and the general labor
interests of working people
â˘4- The State has the right to claim of
all citizens to fulfill the duty of social
and national solidarity .In order to
consolidate social peace and protect the
general interest .
32.
33. â˘Contract of employment
â˘basic feature of labor law in almost every country
is that the rights and obligations of the worker and
the employer between one another are mediated
through the contract of employment between the
two.
â˘This has been the case since the collapse of
feudalism and is the core reality of modern
economic relations. Many terms and conditions of
the contract are however implied by legislation or
common law, in such a way as to restrict the
freedom of people to agree to certain things in
order to protect employees, and facilitate a fluid
34. â˘In the US for example, majority of state laws allow for
employment to be "at will", meaning the employer can
terminate an employee from a position for any reason,
so long as the reason is not an illegal reason, including a
termination in violation of public policy.
â˘One example in many countries is the duty to provide
written particulars of employment with the essentialia
negotii ( Latin for essential terms) to an employee.
â˘This aims to allow the employee to know concretely
what to expect and is expected; in terms of wages,
holiday rights, notice in the event of dismissal, job
description and so on.
â˘An employer may not legally offer a contract in which
the employer pays the worker less than a minimum
wage.
35. â˘General provisions
An employment contract, or
âcontract of employmentâ, is an
agreement between an employer
and an employee which sets
out their employment rights,
responsibilities and duties.
These are called the âterms' of
the contract.
36. â˘Trial period
â˘The employer and the employee may
agree on a trial period of a maximum of four
months starting from the beginning of the
work.
â˘During the trial period, the employment
contract may be cancelled by either party
The employment contract may not
37. ⢠Working Conditions
â˘Emoluments
⢠All official receipts collected by a
worker by virtue of the employment
agreement including the wages, salary,
family allowances, and housing, food
and transport expenses
â˘The wages must be paid at regular
intervals on working days and during
working hours in cash and in the
38. â˘The Duration of Work
â˘the period during which a worker places his
energy or time at the disposal of an employer
for the performance of work. Barring the
cases excepted in this Law, the working hours
per day must not exceed 8 hours.
â˘HOLIDAYS AND VACATIONS
â˘Friday is the weekly holiday for workers,
allowing payment of wages.
â˘All workers shall be entitled to three days of
vacation with wages in the following cases:
⢠a) Permanent marriage b) Death of spouse,
father, mother or children.
39. â˘Working Conditions of Women
â˘It is prohibited for female
workers to perform dangerous,
hard
â˘The female workers' maternity
leave totally comes to 90 days.
At least 45 days of this leave, as
much as possible, must be
40. â˘Employer's obligations
⢠General obligation
1- The employer shall in all respects work to
improve employer/employee relations and
relations among the employees
2- The employer shall ensure that
employees are able to carry out their work
even when the enterprise's operations .
3- Prohibition of discrimination, and equal
treatment
41. â˘Occupational safety and health
â˘The employer must ensure occupational
safety and health in order to protect
employees from accidents and health
hazards,
â˘Applicability of Collective Agreements
⢠Minimum pay in the absence of a
collective agreement
42. ⢠Pay during illness Employees
â˘Who are prevented from performing their work
by an illness or accident are entitled to pay during
illness
â˘Pay period on termination of employment
relationship
â˘When an employment relationship ends, the pay
period also ends
â˘Exceptional paydays
â˘If an employee's pay falls due on a Sunday, a
religious holiday, Independence Day, May 1
,Christmas or Midsummer Eve, or a Saturday
43. Employees' obligations
General obligations
Employees shall perform their work carefully,
observing the instructions concerning
performance issued by the employer within its
competence In their activities,
⢠Competing activity
Employees shall not do work for another party or
engage in such activity that would, taking the
nature of the work and the individual employee's
position into account,
44. Employment Contract Provisions
â˘General provisions
⢠Employment contract )entered into by an
employee, or jointly by several employees as a
team, agreeing personally to perform work for an
employer under the employer's direction and
supervision in return for pay or some other
remuneration .
â˘Act applies regardless of the absence of any
agreement on remuneration, if the facts indicate
that the work was not intended to be performed
without remuneration .
45. â˘2- Form and duration of employment
contract
⢠An employment contract may be oral,
written or electronic .An employment
contract is valid indefinitely unless it
has, for a justified reason, been made
for a specific fixed term Contracts made
for a fixed term on the employer's
initiative without a justified reason,
and consecutive fixed-term contracts
concluded without a justified reason ,
shall be considered valid indefinitely .
46. â˘3 Contracts of employment with minors and
other legally incompetent persons
⢠Provisions concerning the right of a person
under 18 years of age to conclude a contract of
employment and the right of the person having
the care and custody of a young employee to '
cancel a contract of employment concluded by a
minor are laid down in the Young Workers 'A
person who has been declared legally
incompetent or whose competence has been
limited under the Act on Guardianship may
conclude and terminate a contract of employment
on his own behalf .
47. â˘
5- Transfer of rights and obligations
â˘The parties to the contract of
employment shall not assign any of
their rights or obligations under a
contract of employment to a third party
without the other party's consent,
unless otherwise provided below .A
claim that has fallen due may, however,
be so assigned without the consent of
the other party .
48. â˘If with the employee's consent, the
employer assigns an employee for use
by another employer( user enterprise )
,
the right to direct and supervise the
work is transferred to the user
enterprise together with the obligations
stipulated for the employer directly
related to the performance of the work
and its arrangement .
49. â˘Employer's obligations
â˘General obligation
⢠The employer shall in all respects work to
improve employer/employee relations and
relations among the employees.
â˘The employer shall ensure that employees are
able to carry out their work even when the
enterprise's operations, the work to be carried out
or the work methods are changed or developed.
⢠The employer shall strive to further the
employees' opportunities to develop themselves
according to their abilities so that they can
advance in their careers .
50. Payment of pay
Pay shall be paid to the employee in cash or, if so
agreed, to a financial institution designated by the
employee.
The employer shall bear the cost of the latter
method .The payment shall be made or the pay
shall be withdrawn able on the due date On
payment, the employer shall give the employee a
calculation showing the amount of the pay and
the grounds for its determination .
51. Exceptional paydays
1 If an employee's pay falls due on a
Sunday, a religious holiday, Independence
Day, May 1 ,Christmas or Midsummer Eve,
or a Saturday that is not a holiday it shall be
deemed to fall due on the preceding working
day
52. â˘Prohibition of discrimination, and equal treatment
⢠The employer shall not exercise any unjustified
discrimination against employees on the basis of age,
health, disability, national or ethnic origin, nationality,
sexual orientation, language , religion, opinion, belief,
family ties, trade union activity, political activity or any
other comparable circumstance Provisions on the
prohibition of discrimination based on gender are laid
down in the Act on Equality between Women and Men
( The definition of discrimination, prohibition
on sanctions and burden of proof in cases
concerning discrimination are laid down in
the Non-Discrimination Act
53. â˘Occupational safety and health
â˘The employer must ensure occupational safety
and health in order to protect employees from
accidents and health hazards, as provided in the
Occupational Safety If the working duties or
conditions of a pregnant employee endanger the
health of the employee or the fetus and if the
hazard cannot be eliminated from the work or
working conditions, the employee shall if possible
be transferred to other duties suitable in terms of
her working capacity and skills for the period of
pregnancy Provisions on the employee's right to
special maternity leave .
54. â˘Employees' obligations
⢠General obligations
â˘Employees shall perform their work
carefully, observing the instructions
concerning performance issued by the
employer within its competence.
â˘In their activities, employees shall avoid
everything that conflicts with the actions
reasonably required of employees in their
position .
55. â˘Competing activity
â˘During the term of employment, employees shall
not embark on any action to prepare for
competing activities as cannot be deemed
acceptable, taking into account what is stipulated
in paragraph 1
⢠.An employer which recruits a person whom it
knows to be impeded from work on the basis of
paragraph 1 is liable for any loss caused to the
previous employer jointly with the employee .
56. â˘Family leave
⢠1- Maternity, special maternity,
paternity and parental leave
â˘Employees shall be entitled to take leave
from work during maternity, special
maternity ,paternity and parental benefit
periods as referred to in the Sickness
Insurance Act
⢠.Employees shall be entitled to take
parental leave in one or two periods, the
minimum duration of which shall be 12
working days .
57. â˘Child-care leave
â˘Employees are entitled to take child-care
leave in order to care for their child or some
other child living permanently in their
household until the child reaches the age of
three .
â˘The entitlement to child-care leave of a
parent of an adopted child, however,
continues until a period two years has
elapsed from the adoption, or at the most
until the time the child starts school
58. â˘Reasons for changing an employment
contract
â˘a. An employer's need
â˘An employer sometimes needs to make
changes to working practice because of
economic circumstances. The business
may need to be reorganized, moved to a
new location, or there may need to be
changes because of new laws or
regulations.
59. â˘Things that might change include:
â˘rates of pay
â˘working time (for example, longer or
shorter hours, different days)
â˘your duties and responsibilities
â˘the duties and responsibilities of your
immediate boss
â˘the location of where you work
60. â˘b. Employees' need
â˘Employees might also ask to change the terms
of their contract. For example, you might want:
â˘better pay (you donât have an automatic right to a
pay rise, unless itâs in your contract)
â˘improved working conditions
â˘more holiday
â˘different working hours
â˘to work flexible hours
â˘to work part-time
61. â˘Breach of contract : A contract of employment
is a legally binding agreement between you and
your employer. A breach of contract happens
when either you or your employer breaks one of
the terms (for example, if your employer doesn't
pay your wages, or you don't work the agreed
hours).
â˘Not all the terms of a contract are written down.
A breach may be of a verbally agreed term, a
written term, or an 'implied' term of a contract.
Your pay has special extra protection and in
some situations your employer may be prevented
from taking money out of your pay even if this
62. â˘Breach of contract by your employer
â˘If you think there's been a breach of contract,
check the terms of your contract to make sure.
â˘If there has, you should try to sort out the
problem directly with your employer first of all.
â˘A- Mediation
â˘Before taking legal action, you could try other
ways of resolving the dispute if your employer
agrees. For example, you might try mediation
through Acas (or the Labour Relations Agency if
you work in Northern Ireland).
63. ⢠B -Legal action
⢠If you can't sort out the problem with your
employer, you can decide to take legal
action. Think carefully before taking any legal
action against your employer. Ask yourself
what you want to achieve and how much it
will cost.
⢠Also remember that taking legal action might
prompt your employer to take out a counter-
claim against you if they feel they have one
64. â˘C- Employment Tribunal
â˘If you do decide to take legal action, it can either be
through an Employment Tribunal (Industrial Tribunal in
Northern Ireland) or through a civil court. To make a
breach of contract claim through an Employment
Tribunal, your employment must have ended.
â˘D- Civil courts
â˘To make a claim while you are still employed you will
normally go through the small claims track of the county
court or other civil court.
â˘The time limit for making your claim to a civil court is
longer than the time limit for complaining to an
Employment Tribunal. The award that a civil court could
make is unlimited.
65. Strikes
â˘Strike action , often simply called a
strike , is a work stoppage caused
by the mass refusal of employees to
perform work . A strike usually
takes place in response to
employee grievances.
â˘Strikes are sometimes used to put pressure on
governments to change policies. Occasionally,
strikes destabilise the rule of a particular political
66. â˘2- Categories of strikes :
⢠Most strikes are undertaken by labor unions
during collective bargaining . The object of
collective bargaining is to obtain a contract (an
agreement between the union and the company)
which may include a no-strike clause which
prevents strikes, or penalizes the union and/or
the workers if they walk out while the contract is
in force.
67. ⢠Strikes without formal union authorization
are also known as wildcat strikes . In many
countries, wildcat strikes do not enjoy the
same legal protections as recognized union
strikes, and may result in penalties for the
union members who participate or their
union.
⢠The same often applies in the case of
strikes conducted without an official ballot of
the union membership, as is required in
some countries such as the United Kingdom
.
68. â˘A strike may consist of workers
refusing to attend work or picketing
outside the workplace to prevent or
dissuade people from working in their
place or conducting business with their
employer .Less frequently workers may
occupy the workplace, but refuse either
to do their jobs or to leave. This is
known as a sit-down strike .
69. â˘Strikes may be specific to a particular workplace,
employer, or unit within a workplace, or they may
encompass an entire industry, or every worker
within a city or country. Strikes that involve all
workers or a number of large and important
groups of workers, in a particular community or
region are known as general strikes .
â˘Under some circumstances, strikes may take
place in order to put pressure on the State or
other authorities or may be a response to unsafe
conditions in the workplace.
70. ⢠A jurisdictional strike in United States
labor law refers to a concerted refusal to
work undertaken by a union to assert its
members' right to particular job
assignments and to protest the
assignment of disputed work to
members of another union or to
unorganized workers.
â˘A student strike has the students
(sometimes supported by faculty) not
attending schools.
71. â˘A hunger strike is a deliberate
refusal to eat. Hunger strikes
are often used in prisons as a
form of political protest. Like
student strikes, a hunger strike
aims to worsen the public image
of the target.
72. ⢠Methods used by employers to deal
with strikes
â˘1- Most strikes called by unions are
somewhat predictable; they typically
occur after the contract has expired.
⢠However, not all strikes are called by
union organizations â some strikes
have been called in an effort to
pressure employers to recognize
unions.
73. â˘2- Strike preparation Companies which
produce products for sale will frequently
increase inventories prior to a strike.
Salaried employees may be called upon to
take the place of strikers, which may entail
advance training.
⢠If the company has multiple locations,
personnel may be redeployed to meet the
needs of reduced staff. Companies may
also take out strike insurance prior to an
anticipated strike, to help offset the losses
which the strike would cause.
74. â˘3- Strike breaking
â˘Some companies negotiate with the
union during a strike; other companies
may see a strike as an opportunity to
eliminate the union.
â˘This is sometimes accomplished by
the importation of replacement workers,
strikebreakers or "scabs".
75. â˘Union busting One method of inhibiting a strike
is elimination of the union that may launch it,
which is sometimes accomplished through union
busting .
â˘Union busting campaigns may be orchestrated
by labor relations consultants , and may utilize
the services of labor spies , or asset protection
services.
â˘Similar services may be engaged during
attempts to defeat organizing drives. A modern
example of a union buster is The Burke Group .
76. â˘Violence
â˘Historically, some employers have
attempted to break union strikes by
force. One of the most famous
examples of this occurred during the
Homestead Strike of 1892
â˘other capitalists, have used the US
military to gun down and kill strikers