Pittsburgh FMLA Lawyer

Pittsburgh FMLA Lawyer

Employment arbitration lawyer

For those who prefer a digital approach or are located outside of Pittsburgh FMLA Lawyer, the firm offers virtual consultations via phone or video call.

Gender discrimination attorney

  • Workplace safety compliance
  • Workplace investigation services
  • Workers' rights
  • Job termination rights
  • Workplace violence prevention
  • Workplace retaliation lawyer
  • Religious discrimination lawyer
  • Collective bargaining agreements
  • Title VII discrimination lawyer
  • Trade secret protection
  • Employment background check policies
  • Employment tribunal representation
  • Minimum wage disputes
  • Contract employee rights
  • Dispute resolution lawyer
  • Termination of employment legal services
Learn more about Pittsburgh FMLA Lawyer here Our thorough understanding of wage and hour laws enabled us to recover the unpaid wages, highlighting our commitment to fairness in the workplace.

Employment law appeals

  • Wage and hour attorney
  • FMLA lawyer
  • Employee rights lawyer
  • Union avoidance strategies
  • Employment discrimination attorney
  • Contract employee rights
  • Dispute resolution lawyer
  • Termination of employment legal services
  • Overtime pay lawyer
  • Employee contract disputes
  • Employment law workshops
  • Sexual orientation discrimination
  • Employee handbook review
  • Workplace safety compliance
  • Workplace investigation services
When you choose the Lacy Employment Law Firm, you're not just getting a lawyer; you're gaining an advocate dedicated to making justice accessible. Delving into real-world scenarios, we'll showcase how Lacy Employment Law Firm has navigated complex cases to secure victories for their clients. Your battles have become ours, and together, we've navigated complex legal challenges, securing justice and rightful compensation for countless employees.
That's exactly what you get with The Lacy Employment Law Firm. Remember, protecting your career isn't just about navigating today's challenges-it's about securing your future success. These stories aren't just wins in court; they're milestones in the lives of those who sought fairness and dignity at work. Their involvement goes beyond the courtroom.
It's crucial to recognize when you're being discriminated against and know that legal protections are in place to safeguard your rights. Read more about The Lacy Employment Law Firm, LLC here. At the Lacy Employment Law Firm, they understand this deeply. We've honed our negotiation skills to secure favorable settlements and are equally prepared to take your case to trial if necessary.

Gender discrimination attorney

  1. Employment arbitration lawyer
  2. Employment law consultation
  3. Gender discrimination attorney
  4. Workplace litigation
  5. Employment law appeals
  6. HR outsourcing legal services
  7. Workplace grievance lawyer
  8. Class action employment lawsuits
  9. Employee benefits lawyer
  10. Employment compliance audit
  11. Work-from-home legal policies
  12. Wrongful termination lawyer
  13. Wage and hour attorney
  14. FMLA lawyer
  15. Employee rights lawyer
  16. Union avoidance strategies
  17. Employment discrimination attorney
  18. Contract employee rights
  19. Dispute resolution lawyer
  20. Termination of employment legal services
The team at Lacy Employment Law Firm understands the nuances of workplace discrimination laws and knows how to navigate the complex legal system to advocate on your behalf.
Their phone number is prominently displayed on their website, making it easy for you to find and use. You'll see them doubling down on their commitment to education and outreach. Here's how you can get in touch: Visit their website and fill out the contact form. With the Lacy Employment Law Firm, you're never just a case number; you're a partner in the pursuit of justice.

Reaching out is straightforward, ensuring you can quickly start the process of defending your employee rights.

HR outsourcing legal services

  1. Workers' rights
  2. Job termination rights
  3. Workplace violence prevention
  4. Workplace retaliation lawyer
  5. Religious discrimination lawyer
  6. Collective bargaining agreements
  7. Title VII discrimination lawyer
  8. Trade secret protection
  9. Employment background check policies
  10. Employment tribunal representation
  11. Minimum wage disputes
  12. FMLA lawyer
  13. Employee rights lawyer
  14. Union avoidance strategies
  15. Employment discrimination attorney
  16. Contract employee rights
  17. Dispute resolution lawyer
They're not just your lawyers; they're your advocates, your support system, pushing for the best outcome for you. Building on our commitment to community involvement, our firm also sets the standard in the legal industry by advocating for groundbreaking employment law practices. We swiftly took action, employing our expertise to navigate the complexities of employment law.
At The Lacy Employment Law Firm, our team's legal expertise is unmatched, ensuring you receive the highest quality representation. You're a valued client deserving personalized attention and a tailored approach to your employment law needs. From your initial consultation to the final verdict or settlement, you'll have a team of experts dedicated to your cause.
They're not just resting on their laurels but are geared up for continued growth, advocacy, and success in the fight for fairness in the workplace. Read more about Pittsburgh FMLA Lawyer here They're not afraid to take on complex cases, navigating the legal system with ease to secure the best outcomes for you. Class action employment lawsuits That's exactly what you'll find at the Lacy Employment Law Firm.
You're not just another case number to us. Workplace litigation Moreover, they're always accessible. The Lacy Employment Law Firm in Pittsburgh FMLA Lawyer, known for its expertise in employment disputes, can offer you the guidance and representation you need.

Employment Law Lawyer Pittsburgh

  • Whistleblower

    A person who exposes wrongdoing or illegal activities within an organization or government entity.

    source

    Pittsburgh

    A city in the state of Pennsylvania, known for its rich history and vibrant cultural scene.

    source

    Family and Medical Leave Act of 1993

    A United States labor law that provides eligible employees with unpaid leave for specific family and medical reasons.

    source

    Alternative dispute resolution

    A process of resolving disputes outside of court, often using methods like mediation or arbitration.

    source

    Workplace Fairness

    An organization that promotes fair treatment and equality in the workplace.

    source

    American Bar Association

    A voluntary bar association of lawyers and law students in the United States.

    source

    Unemployment benefits

    Financial assistance provided to individuals who have lost their jobs involuntarily and meet certain eligibility criteria.

    source

    Employment discrimination

    Unfair treatment or unfavorable actions against an individual based on certain protected characteristics, such as race, gender, or disability, in the workplace.

    source

    Employee benefits

    Additional perks and advantages offered to employees by their employers, such as health insurance, retirement plans, or paid time off.

    source

    Lawyer

    A professional who practices law and provides legal advice and representation to clients.

    source

Wage And Hour Lawyer Pittsburgh

Pittsburgh is located in southwest Pennsylvania at the confluence of the Allegheny River and the Monongahela River, which combine to form the Ohio River. It developed as a vital link of the Atlantic coast and Midwest, as the mineral-rich Allegheny Mountains led to the region being contested by the French and British empires, Virginians, Whiskey Rebels, and Civil War raiders. Pittsburgh is known both as "the Steel City" for its dominant role in the history of the U.S. steel industry, and as the "City of Bridges" for its 446 bridges. For part of the 20th century, Pittsburgh was behind only New York City and Chicago in corporate headquarters employment; it had the most U.S. stockholders per capita. Starting in the post-war era, Pittsburgh leaders began to strategically divest in manufacturing and invest instead in education, science, technology, health care, and art. This led to Deindustrialization in the 1970s and 1980s, resulting in massive layoffs among blue-collar workers as steel and other heavy industries declined, and thousands of downtown white-collar workers also lost jobs when several Pittsburgh-based companies moved out.

Employment Lawsuit Attorney Pittsburgh

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Employee Grievance Attorney Pittsburgh FMLA Lawyer

With Lacy Employment Law Firm by your side, you're not just heard; you're understood and fiercely represented. Employee benefits lawyer Don't let discrimination diminish your worth or career trajectory. Employment law consultation Our network includes career coaches, therapists, and financial advisors, all geared towards helping you regain your footing in the professional world.

Employment discrimination attorney

  1. Dispute resolution lawyer
  2. Termination of employment legal services
  3. Overtime pay lawyer
  4. Employee contract disputes
  5. Employment law workshops
  6. Sexual orientation discrimination
  7. Employee handbook review
  8. Workplace safety compliance
  9. Workplace investigation services
  10. Workers' rights
  11. Job termination rights
  12. Workplace violence prevention
  13. Workplace retaliation lawyer
  14. Religious discrimination lawyer
  15. Collective bargaining agreements
  16. Title VII discrimination lawyer
  17. Trade secret protection
  18. Employment background check policies
  19. Employment tribunal representation
  20. Minimum wage disputes
Don't hesitate to reach out for help.

Our dedication to this cause hasn't only won us numerous cases but also respect from our peers. They're your advocates, fighting tirelessly to secure the compensation or resolution you deserve. Consider the case of a healthcare professional who faced wrongful termination after whistleblowing on unsafe practices. Contract employee rights

Clients' voices offer the most genuine reflection of our firm's impact and commitment to justice in employment law. Moreover, the firm prides itself on its transparency and client communication. It's an efficient way to get your case in front of a lawyer who can assess your situation and advise on the next steps.

Our dedication extends beyond legal battles, focusing on your holistic well-being and professional rehabilitation. Beyond their impressive array of awards, the expertise of The Lacy Employment Law Firm's team further solidifies their standing as top employment lawyers in Pittsburgh FMLA Lawyer. To illustrate the expertise of The Lacy Employment Law Firm, let's explore some real-life case studies where they've achieved significant victories for their clients.

Employee Grievance Attorney Pittsburgh FMLA Lawyer
Pittsburgh FMLA Lawyer Wage Dispute Representation

Pittsburgh FMLA Lawyer Wage Dispute Representation

Picture this: you're facing a daunting legal battle against your employer, feeling overwhelmed and unsure where to turn. When you're up against complex employment laws, the Lacy Employment Law Firm acts as your steadfast ally. They're not just advocates; they're experts who stay abreast of the latest legal developments and trends in employment law to ensure they're always a step ahead.

Employee rights lawyer

  1. Minimum wage disputes
  2. Class action employment lawsuits
  3. Employee benefits lawyer
  4. Employment compliance audit
  5. Work-from-home legal policies
  6. Wrongful termination lawyer
  7. Wage and hour attorney
  8. FMLA lawyer
  9. Employee rights lawyer
  10. Union avoidance strategies
  11. Employment discrimination attorney
  12. Contract employee rights
  13. Dispute resolution lawyer
  14. Termination of employment legal services
  15. Overtime pay lawyer
  16. Employee contract disputes
  17. Employment law workshops
It's not just about legal solutions; it's about understanding your specific situation and crafting a strategy that aligns with your expectations. They've seen it all, and that's why they're equipped to handle whatever challenge you're facing.

It's not just about knowing what's fair or unfair; it's about having the knowledge to stand up for yourself when the going gets tough. FMLA lawyer This ensures you can have a real-time conversation with someone who can guide you on the next steps. While some might argue that the legal arena is already saturated with talent, The Lacy Employment Law Firm's recent recognition as one of the best employment lawyers in Pittsburgh FMLA Lawyer clearly sets them apart in a crowded field. It wasn't just a win for Sarah; it was a win for every employee at that company.

They're not afraid to take on challenging cases, and they work tirelessly to ensure you receive the justice and compensation you deserve. Their approach to community involvement isn't a one-off gesture; it's a core part of their identity. With Lacy Employment Law Firm, you've got a champion in your corner, ready to take on the challenge and work tirelessly for a favorable outcome. They believe knowledge is power, especially when it comes to defending your rights in the workplace.

With experience comes knowledge of precedent-setting cases, negotiation tactics, and even the tendencies of specific judges or opposing counsel. You'll find that their approach isn't about the quickest settlement; it's about what's fair and just. If you're dealing with workplace retaliation or need guidance on whistleblower laws, we've got your back, offering robust representation to ensure your voice is heard and respected. You're not just part of the conversation; you're leading it.

Termination Appeal Attorney Pittsburgh FMLA Lawyer

Their collaborative approach means you benefit from a wealth of knowledge and experience, ensuring no stone is left unturned in your case. This way, you're not just another case number, but a valued individual whose rights and well-being are paramount. You're dealing with a team that's recognized not just locally in Pittsburgh FMLA Lawyer but also on a broader scale. Our commitment is to provide you with a comprehensive legal strategy tailored to your specific situation, empowering you to tackle workplace challenges head-on. Choosing the Lacy Employment Law Firm means you're not just getting a lawyer; you're gaining a partner who'll fight tirelessly for your rights, ensuring the workplace is fair and just for everyone.

From the initial consultation to the final verdict or settlement, the Lacy Employment Law Firm tailors its approach to meet your unique needs. They're ready to push back hard against any injustices you've faced, using their extensive knowledge and experience to your advantage. He's convinced that knowledge is power, and by empowering individuals, he's not just solving problems; he's preventing them. We also mentor young aspiring lawyers, guiding them through the complexities of employment law with the hope that they, too, will continue this tradition of service.

You'll find that they're not just reacting to the law as it stands; they're shaping it. By crafting personalized legal strategies tailored just for you. You'll find that their dedication isn't just about winning cases; it's about making a real difference in the lives of their clients. Specializing in employment law, the Lacy Employment Law Firm offers you comprehensive legal services tailored to protect your workplace rights in Pittsburgh FMLA Lawyer.

Earning this award wasn't an overnight success. Moreover, their commitment to personalized service and advocacy is set to attract even more clients seeking compassionate, effective representation. With us, you're not just a case number; you're a valued individual seeking justice. He's adept at handling cases that span discrimination, harassment, wrongful termination, and wage disputes.

Employment law appeals
Termination Appeal Attorney Pittsburgh FMLA Lawyer
Pittsburgh FMLA Lawyer Equal Employment Lawyer
Pittsburgh FMLA Lawyer Equal Employment Lawyer

They've crafted a reputation for going above and beyond, fighting tirelessly for justice and fair treatment in the workplace. From the criteria that earned them this prestigious accolade to the comprehensive services they offer, there's much to explore about how they're making an impact in the community and what future aspirations they harbor. These recognitions serve as a beacon for those seeking justice in their employment disputes, signaling that they're in capable hands. Gender discrimination attorney One standout success involves a client faced with wrongful termination due to discrimination. Another testifies to the firm's expertise, saying, 'Their knowledge of employment law is unmatched.

Moreover, they're planning to grow their team by bringing on board attorneys who share their passion for justice and excellence. We're not afraid to challenge the status quo or take on complex cases that demand a new way of thinking. You'll also find robust support for wage and hour claims. Facing workplace discrimination can be overwhelming, but you're not powerless in the fight for fairness and equality.

In essence, it's about striking the perfect balance between professional prowess and personal integrity. They take the time to understand your specific circumstances and goals, tailoring their approach to secure the best possible outcome for you. Building on our unmatched expertise in employment law, we're equally passionate about championing workers' rights, ensuring you're treated fairly and with respect in your workplace. Your trust in us isn't just placed in our legal acumen but in our commitment to stand by you, understand your situation, and navigate the path to justice together.

Alternatively, you can directly email them or give them a call; their email address and phone number are prominently displayed on their site. Rest assured, they're prepared to navigate the complexities of employment law to seek the justice and compensation you deserve.

Employment discrimination attorney

  • Workplace violence prevention
  • Workplace retaliation lawyer
  • Religious discrimination lawyer
  • Collective bargaining agreements
  • Title VII discrimination lawyer
  • Trade secret protection
  • Employment background check policies
  • Employment tribunal representation
  • Minimum wage disputes
  • Work-from-home legal policies
  • Wrongful termination lawyer
  • Wage and hour attorney
  • FMLA lawyer
  • Employee rights lawyer
  • Union avoidance strategies
  • Employment discrimination attorney
  • Contract employee rights
You're getting an ally who's deeply invested in your rights and ready to fight for the fairness you deserve. You'll find they're not just any team of attorneys.

FMLA Attorney Pittsburgh FMLA Lawyer

Moreover, they're committed to educating employees about their rights, hosting workshops and seminars that empower you to stand up against unfair practices. If you're pregnant or have a medical condition, certain accommodations must be made. The team at Lacy Employment Law Firm knows the ins and outs of employment disputes like the back of their hand. You'll appreciate their personalized approach. This dedication ensures that every case is handled with the utmost care and expertise.
You've probably faced workplace challenges yourself, wondering if there's any hope for justice. Imagine being wrongfully terminated, feeling the weight of injustice.

Workplace litigation

  1. Collective bargaining agreements
  2. Title VII discrimination lawyer
  3. Trade secret protection
  4. Employment background check policies
  5. Employment tribunal representation
  6. Minimum wage disputes
  7. Employment discrimination attorney
  8. Contract employee rights
  9. Dispute resolution lawyer
  10. Termination of employment legal services
  11. Overtime pay lawyer
  12. Employee contract disputes
  13. Employment law workshops
  14. Sexual orientation discrimination
  15. Employee handbook review
They offer comprehensive legal support, ensuring that every angle of your case is meticulously covered. The team's empathy and understanding of their clients' situations stand out.
You're not alone in your fight for justice. This level of care and dedication is what sets Lacy Employment Law Firm apart and why they're considered among the best in Pittsburgh FMLA Lawyer. Their approach is personal. Our track record speaks volumes.
The firm's dedication to community service has earned them not just respect, but a deep sense of trust within Pittsburgh FMLA Lawyer.

Employment law appeals

  1. Minimum wage disputes
  2. Union avoidance strategies
  3. Employment discrimination attorney
  4. Contract employee rights
  5. Dispute resolution lawyer
  6. Termination of employment legal services
  7. Overtime pay lawyer
  8. Employee contract disputes
  9. Employment law workshops
  10. Sexual orientation discrimination
  11. Employee handbook review
  12. Workplace safety compliance
  13. Workplace investigation services
  14. Workers' rights
  15. Job termination rights
  16. Workplace violence prevention
  17. Workplace retaliation lawyer
  18. Religious discrimination lawyer
At the heart of the Lacy Employment Law Firm's success is its unparalleled legal expertise. You're not just a case number to us; you're a person with a story that needs to be heard. Termination of employment legal services They understand that for you, it's more than just a legal battle-it's a fight for your reputation, your career, and your future. Dispute resolution lawyer HR outsourcing legal services

Learn more about Pittsburgh FMLA Lawyer here
FMLA Attorney Pittsburgh FMLA Lawyer

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work.[1] Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.

Employees and employers

[edit]

An employee contributes labour and expertise to an endeavor of an employer or of a person conducting a business or undertaking (PCB)[2] and is usually hired to perform specific duties which are packaged into a job. In a corporate context, an employee is a person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.[3]

Independent contractor

[edit]

An issue that arises in most companies, especially the ones that are in the gig economy, is the classification of workers. A lot of workers that fulfill gigs are often hired as independent contractors.

To categorize a worker as an independent contractor rather than an employee, an independent contractor must agree with the client on what the finished work product will be and then the contractor controls the means and manner of achieving the desired outcome. Secondly, an independent contractor offers services to the public at large, not just to one business, and is responsible for disbursing payments from the client, paying unreimbursed expenses, and providing his or her own tools to complete the job. Third, the relationship of the parties is often evidenced by a written agreement that specifies that the worker is an independent contractor and is not entitled to employee benefits; the services provided by the worker are not key to the business; and the relationship is not permanent.[4]

As a general principle of employment law, in the United States, there is a difference between an agent and an independent contractor. The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test.[5][6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.

Provided key circumstances, including ones such as that the worker is paid regularly, follows set hours of work, is supplied with tools from the employer, is closely monitored by the employer, acting on behalf of the employer, only works for one employer at a time, they are considered an employee,[7] and the employer will generally be liable for their actions and be obliged to give them benefits.[8] Similarly, the employer is the owner of any invention created by an employee "hired to invent", even in the absence of an assignment of inventions. In contrast, a company commissioning a work by an independent contractor will not own the copyright unless the company secures either a written contract stating that it is a "work made for hire" or a written assignment of the copyright. In order to stay protected and avoid lawsuits, an employer has to be aware of that distinction.[4]

Employer–worker relationship

[edit]

Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labor productivity in order to achieve a profitable and productive employment relationship.

Labor acquisition / hiring

[edit]

The main ways for employers to find workers and for people to find employers are via jobs listings in newspapers (via classified advertising) and online, also called job boards. Employers and job seekers also often find each other via professional recruitment consultants which receive a commission from the employer to find, screen and select suitable candidates. However, a study has shown that such consultants may not be reliable when they fail to use established principles in selecting employees.[1] A more traditional approach is with a "Help Wanted" sign in the establishment (usually hung on a window or door[9] or placed on a store counter).[3] Evaluating different employees can be quite laborious but setting up different techniques to analyze their skills to measure their talents within the field can be best through assessments. Employer and potential employee commonly take the additional step of getting to know each other through the process of a job interview.

Training and development

[edit]
Wiki-training with employees of Regional Institute of Culture in Katowice 02

Training and development refers to the employer's effort to equip a newly hired employee with the necessary skills to perform at the job, and to help the employee grow within the organization. An appropriate level of training and development helps to improve employee's job satisfaction.[10]

Remuneration

[edit]

There are many ways that employees are paid, including by hourly wages, by piecework, by yearly salary, or by gratuities (with the latter often being combined with another form of payment). In sales jobs and real estate positions, the employee may be paid a commission, a percentage of the value of the goods or services that they have sold. In some fields and professions (e.g., executive jobs), employees may be eligible for a bonus if they meet certain targets. Some executives and employees may be paid in shares or stock options, a compensation approach that has the added benefit, from the company's point of view, of helping to align the interests of the compensated individual with the performance of the company.

Under the faithless servant doctrine, a doctrine under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[11][12][13][14][15]

Employee benefits

[edit]

Employee benefits are various non-wage compensation provided to employees in addition to their wages or salaries. The benefits can include: housing (employer-provided or employer-paid), group insurance (health, dental, life etc.), disability income protection, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits. In some cases, such as with workers employed in remote or isolated regions, the benefits may include meals. Employee benefits can improve the relationship between employee and employer and lowers staff turnover.[16]

Organizational justice

[edit]

Organizational justice is an employee's perception and judgement of employer's treatment in the context of fairness or justice. The resulting actions to influence the employee-employer relationship is also a part of organizational justice.[16]

Workforce organizing

[edit]

Employees can organize into trade or labor unions, which represent the workforce to collectively bargain with the management of organizations about working, and contractual conditions and services.[17]

Ending employment

[edit]

Usually, either an employee or employer may end the relationship at any time, often subject to a certain notice period. This is referred to as at-will employment. The contract between the two parties specifies the responsibilities of each when ending the relationship and may include requirements such as notice periods, severance pay, and security measures.[17] A contract forbidding an employee from leaving their employment, under penalty of a surety bond, is referred to as an employment bond. In some professions, notably teaching, civil servants, university professors, and some orchestra jobs, some employees may have tenure, which means that they cannot be dismissed at will. Another type of termination is a layoff.

Wage labor

[edit]
Worker assembling rebar for a water treatment plant in Mazatlan, Sinaloa, Mexico

Wage labor is the socioeconomic relationship between a worker and an employer, where the worker sells their labor under a formal or informal employment contract. These transactions usually occur in a labor market where wages are market-determined.[10][16] In exchange for the wages paid, the work product generally becomes the undifferentiated property of the employer, except for special cases such as the vesting of intellectual property patents in the United States where patent rights are usually vested in the original personal inventor. A wage laborer is a person whose primary means of income is from the selling of his or her labor in this way.[17]

In modern mixed economies such as that of the OECD countries, it is currently the dominant form of work arrangement. Although most work occurs following this structure, the wage work arrangements of CEOs, professional employees, and professional contract workers are sometimes conflated with class assignments, so that "wage labor" is considered to apply only to unskilled, semi-skilled or manual labor.[18]

Wage slavery

[edit]

Wage labor, as institutionalized under today's market economic systems, has been criticized,[17] especially by socialists,[18][19][20][21] using the pejorative term wage slavery.[22][23] Socialists draw parallels between the trade of labor as a commodity and slavery. Cicero is also known to have suggested such parallels.[24]

The American philosopher John Dewey posited that until "industrial feudalism" is replaced by "industrial democracy", politics will be "the shadow cast on society by big business".[25] Thomas Ferguson has postulated in his investment theory of party competition that the undemocratic nature of economic institutions under capitalism causes elections to become occasions when blocs of investors coalesce and compete to control the state plus cities.[26]

American business theorist Jeffrey Pfeffer posits that contemporary employment practices and employer commonalities in the United States, including toxic working environments, job insecurity, long hours and increased performance pressure from management, are responsible for 120,000 excess deaths annually, making the workplace the fifth leading cause of death in the United States.[27][28]

Employment contract

[edit]

Australia

[edit]

Australian employment has been governed by the Fair Work Act since 2009.[29]

Bangladesh

[edit]

Bangladesh Association of International Recruiting Agencies (BAIRA) is an association of national level with its international reputation of co-operation and welfare of the migrant workforce as well as its approximately 1200 members agencies in collaboration with and support from the Government of Bangladesh.[18]

Canada

[edit]

In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour. In the province of Quebec, grievances can be filed with the Commission des normes du travail.[21]

Germany

[edit]

Two of the prominent examples of work and employment contracts in Germany are the Werksvertrag[30][31] or the Arbeitsvertrag,[32][33][34][35] which is a form of Dienstleistungsvertrag (service-oriented contract). An Arbeitsvertrag can also be temporary,[36] whereas a temporary worker is working under Zeitarbeit[37] or Leiharbeit.[38] Another employment setting is Arbeitnehmerüberlassung (ANÜ).[39][40][41]

India

[edit]

India has options for a fixed term contract or a permanent contract. Both contracts are entitled to minimum wages, fixed working hours and social security contributions.[21]

Pakistan

[edit]

Pakistan has no contract Labor, Minimum Wage and Provident Funds Acts. Contract labor in Pakistan must be paid minimum wage and certain facilities are to be provided to labor. However, the Acts are not yet fully implemented.[18]

Philippines

[edit]

In the Philippines, employment is regulated by the Department of Labor and Employment.[42]

Sweden

[edit]

According to Swedish law,[43] there are three types of employment.

  • Test employment (Swedish: Provanställning), where the employer hires a person for a test period of 6 months maximum. The employment can be ended at any time without giving any reason. This type of employment can be offered only once per employer and in employee combination. Usually, a time limited or normal employment is offered after a test employment.[44]
  • Time limited employment (Swedish: Tidsbegränsad anställning). The employer hires a person for a specified time. Usually, they are extended for a new period. Total maximum two years per employer and employee combination, then it automatically counts as a normal employment.
  • Normal employment (Swedish: Tillsvidareanställning / Fast anställning), which has no time limit (except for retirement etc.). It can still be ended for two reasons: personal reason, immediate end of employment only for strong reasons such as crime, or lack of work tasks (Swedish: Arbetsbrist), cancellation of employment, usually because of bad income for the company. There is a cancellation period of 1–6 months, and rules for how to select employees, basically those with shortest employment time shall be cancelled first.[44]

There are no laws about minimum salary in Sweden. Instead, there are agreements between employer organizations and trade unions about minimum salaries, and other employment conditions.

There is a type of employment contract which is common but not regulated in law, and that is Hour employment (Swedish: Timanställning), which can be Normal employment (unlimited), but the work time is unregulated and decided per immediate need basis. The employee is expected to be answering the phone and come to work when needed, e.g. when someone is ill and absent from work. They will receive salary only for actual work time and can in reality be fired for no reason by not being called anymore. This type of contract is common in the public sector.[44]

United Kingdom

[edit]
A call centre worker confined to a small workstation/booth

In the United Kingdom, employment contracts are categorized by the government into the following types:[45]

United States

[edit]
All employees, private industries, by branches

For purposes of U.S. federal income tax withholding, 26 U.S.C. § 3401(c) provides a definition for the term "employee" specific to chapter 24 of the Internal Revenue Code:

Government employment as % of total employment in EU

"For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."[46] This definition does not exclude all those who are commonly known as 'employees'. "Similarly, Latham's instruction which indicated that under 26 U.S.C. § 3401(c) the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others."[47]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case of Brown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose of discrimination laws if they work for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[42]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor.[48]

Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger unions also typically engage in lobbying activities and electioneering at the state and federal level.[42]

Most unions in America are aligned with one of two larger umbrella organizations: the AFL–CIO created in 1955, and the Change to Win Federation which split from the AFL–CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL–CIO is especially concerned with global trade issues.[26]

[edit]

Younger age workers

[edit]
Youth employment rate in the US, i.e. the ratio of employed persons (15–24Y) in an economy to total labor force (15–24Y)[49]

Young workers are at higher risk for occupational injury and face certain occupational hazards at a higher rate; this is generally due to their employment in high-risk industries. For example, in the United States, young people are injured at work at twice the rate of their older counterparts.[50] These workers are also at higher risk for motor vehicle accidents at work, due to less work experience, a lower use of seat belts, and higher rates of distracted driving.[51][52] To mitigate this risk, those under the age of 17 are restricted from certain types of driving, including transporting people and goods under certain circumstances.[51]

High-risk industries for young workers include agriculture, restaurants, waste management, and mining.[50][51] In the United States, those under the age of 18 are restricted from certain jobs that are deemed dangerous under the Fair Labor Standards Act.[51]

Youth employment programs are most effective when they include both theoretical classroom training and hands-on training with work placements.[53]

In the conversation of employment among younger aged workers, youth unemployment has also been monitored. Youth unemployment rates tend to be higher than the adult rates in every country in the world.[54]

Older age workers

[edit]

Those older than the statutory defined retirement age may continue to work, either out of enjoyment or necessity. However, depending on the nature of the job, older workers may need to transition into less-physical forms of work to avoid injury. Working past retirement age also has positive effects, because it gives a sense of purpose and allows people to maintain social networks and activity levels.[55] Older workers are often found to be discriminated against by employers.[56]

Working poor

[edit]
A worker in Dhaka, Bangladesh

Employment is no guarantee of escaping poverty, the International Labour Organization (ILO) estimates that as many as 40% of workers are poor, not earning enough to keep their families above the $2 a day poverty line.[44] For instance, in India most of the chronically poor are wage earners in formal employment, because their jobs are insecure and low paid and offer no chance to accumulate wealth to avoid risks.[44] According to the UNRISD, increasing labor productivity appears to have a negative impact on job creation: in the 1960s, a 1% increase in output per worker was associated with a reduction in employment growth of 0.07%, by the first decade of this century the same productivity increase implies reduced employment growth by 0.54%.[44] Both increased employment opportunities and increased labor productivity (as long as it also translates into higher wages) are needed to tackle poverty. Increases in employment without increases in productivity leads to a rise in the number of "working poor", which is why some experts are now promoting the creation of "quality" and not "quantity" in labor market policies.[44] This approach does highlight how higher productivity has helped reduce poverty in East Asia, but the negative impact is beginning to show.[44] In Vietnam, for example, employment growth has slowed while productivity growth has continued.[44] Furthermore, productivity increases do not always lead to increased wages, as can be seen in the United States, where the gap between productivity and wages has been rising since the 1980s.[44] Oxfam and social scientist Mark Robert Rank have argued that the economy of the United States is failing to provide jobs that can adequately support families.[57][58] According to sociologist Matthew Desmond, the US "offers some of the lowest wages in the industrialized world," which has "swelled the ranks of the working poor, most of whom are thirty-five or older."[59]

Researchers at the Overseas Development Institute argue that there are differences across economic sectors in creating employment that reduces poverty.[44] 24 instances of growth were examined, in which 18 reduced poverty. This study showed that other sectors were just as important in reducing unemployment, such as manufacturing.[44] The services sector is most effective at translating productivity growth into employment growth. Agriculture provides a safety net for jobs and economic buffer when other sectors are struggling.[44]

Growth, employment and poverty[44]
  Number of
episodes
Rising
agricultural
employment
Rising
industrial
employment
Rising
services
employment
Growth episodes associated with falling poverty rates
18
6
10
15
Growth episodes associated with no fall in poverty rates
6
2
3
1

Models of the employment relationship

[edit]

Scholars conceptualize the employment relationship in various ways.[60] A key assumption is the extent to which the employment relationship necessarily includes conflicts of interests between employers and employees, and the form of such conflicts.[61] In economic theorizing, the labor market mediates all such conflicts such that employers and employees who enter into an employment relationship are assumed to find this arrangement in their own self-interest. In human resource management theorizing, employers and employees are assumed to have shared interests (or a unity of interests, hence the label “unitarism”). Any conflicts that exist are seen as a manifestation of poor human resource management policies or interpersonal clashes such as personality conflicts, both of which can and should be managed away. From the perspective of pluralist industrial relations, the employment relationship is characterized by a plurality of stakeholders with legitimate interests (hence the label “pluralism), and some conflicts of interests are seen as inherent in the employment relationship (e.g., wages v. profits). Lastly, the critical paradigm emphasizes antagonistic conflicts of interests between various groups (e.g., the competing capitalist and working classes in a Marxist framework) that are part of a deeper social conflict of unequal power relations. As a result, there are four common models of employment:[62]

  1. Mainstream economics: employment is seen as a mutually advantageous transaction in a free market between self-interested legal and economic equals
  2. Human resource management (unitarism): employment is a long-term partnership of employees and employers with common interests
  3. Pluralist industrial relations: employment is a bargained exchange between stakeholders with some common and some competing economic interests and unequal bargaining power due to imperfect labor markets[44]
  4. Critical industrial relations: employment is an unequal power relation between competing groups that is embedded in and inseparable from systemic inequalities throughout the socio-politico-economic system.

These models are important because they help reveal why individuals hold differing perspectives on human resource management policies, labor unions, and employment regulation.[63] For example, human resource management policies are seen as dictated by the market in the first view, as essential mechanisms for aligning the interests of employees and employers and thereby creating profitable companies in the second view, as insufficient for looking out for workers’ interests in the third view, and as manipulative managerial tools for shaping the ideology and structure of the workplace in the fourth view.[64]

Academic literature

[edit]

Literature on the employment impact of economic growth and on how growth is associated with employment at a macro, sector and industry level was aggregated in 2013.[65]

Researchers found evidence to suggest growth in manufacturing and services have good impact on employment. They found GDP growth on employment in agriculture to be limited, but that value-added growth had a relatively larger impact.[44] The impact on job creation by industries/economic activities as well as the extent of the body of evidence and the key studies. For extractives, they again found extensive evidence suggesting growth in the sector has limited impact on employment. In textiles, however, although evidence was low, studies suggest growth there positively contributed to job creation. In agri-business and food processing, they found impact growth to be positive.[65]

They found that most available literature focuses on OECD and middle-income countries somewhat, where economic growth impact has been shown to be positive on employment. The researchers didn't find sufficient evidence to conclude any impact of growth on employment in LDCs despite some pointing to the positive impact, others point to limitations. They recommended that complementary policies are necessary to ensure economic growth's positive impact on LDC employment. With trade, industry and investment, they only found limited evidence of positive impact on employment from industrial and investment policies and for others, while large bodies of evidence does exist, the exact impact remains contested.[65]

Researchers have also explored the relationship between employment and illicit activities. Using evidence from Africa, a research team found that a program for Liberian ex-fighters reduced work hours on illicit activities. The employment program also reduced interest in mercenary work in nearby wars. The study concludes that while the use of capital inputs or cash payments for peaceful work created a reduction in illicit activities, the impact of training alone is rather low.[66]

Globalization and employment relations

[edit]

The balance of economic efficiency and social equity is the ultimate debate in the field of employment relations.[67] By meeting the needs of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be a continuous revolving issue in westernized societies.[67]

Globalization has affected these issues by creating certain economic factors that disallow or allow various employment issues. Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect employment relations:

  1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wage disparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrialized nations, towards low-waged countries.[67]
  2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job losses in uncompetitive industries outstrip job opportunities in new industries.
  3. Workers will be forced to accept worsening wages and conditions, as a global labor market results in a “race to the bottom”. Increased international competition creates a pressure to reduce the wages and conditions of workers.[67]
  4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulate economic activity is reduced.

What also results from Lee's (1996) findings is that in industrialized countries an average of almost 70 per cent of workers are employed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labor force, that are growing in non standard forms of employment (Markey, R. et al. 2006).[67]

Alternatives

[edit]

Subcultures

[edit]

Various youth subcultures have been associated with not working, such as the hippie subculture in the 1960s and 1970s (which endorsed the idea of "dropping out" of society) and the punk subculture.

Post-secondary education

[edit]

One of the alternatives to work is engaging in post-secondary education at a college, university or professional school. One of the major costs of obtaining a post-secondary education is the opportunity cost of forgone wages due to not working. At times when jobs are hard to find, such as during recessions, unemployed individuals may decide to get post-secondary education, because there is less of an opportunity cost.

Social assistance

[edit]

In some countries, individuals who are not working can receive social assistance support (e.g., welfare or food stamps) to enable them to rent housing, buy food, repair or replace household goods, maintenance of children and observe social customs that require financial expenditure.

Volunteerism

[edit]

Workers who are not paid wages, such as volunteers who perform tasks for charities, hospitals or not-for-profit organizations, are generally not considered employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.[68]

Indentured servitude and slavery

[edit]

Those who work under obligation for the purpose of fulfilling a debt, such as indentured servants, or as property of the person or entity they work for, such as slaves, do not receive pay for their services and are not considered employed. Some historians[which?] suggest that slavery is older than employment, but both arrangements have existed for all recorded history.[citation needed] Indentured servitude and slavery are not considered compatible with human rights or with democracy.[68]

Self-employment

[edit]
 

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity (called trading even when referring to the provision of a service) but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership.

Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate. In some countries, such as the United States and the United Kingdom, the authorities are placing more emphasis on clarifying whether an individual is self-employed or engaged in disguised employment, in other words pretending to be in a contractual intra-business relationship to hide what is in fact an employer-employee relationship.

Statistics

[edit]

See also

[edit]

Notes and references

[edit]
  1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
  2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
  3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
  4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
  5. ^ "ABC test". Legal Information Institute (LII). Retrieved 2022-10-06.
  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
  7. ^ "Overview of Independent Contractor Guidelines". Findlaw. Retrieved 2020-03-30.
  8. ^ "Employer Liability for Employee Conduct". Findlaw. Retrieved 2020-03-30.
  9. ^ J. Mayhew Wainwright (1910). Report to the Legislature of the State of New York by the Commission appointed under Chapter 518 of the laws of 1909 to inquire into the question of employers' liability and other matters (Report). J. B. Lyon Company. pp. 11, 50, 144.
  10. ^ a b Deakin, Simon; Wilkinson, Frank (2005). The Law of the Labour Market (PDF). Oxford University Press.
  11. ^ Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN 978-1-5438-0106-4 – via Google Books.
  12. ^ Annual Institute on Employment Law. Vol. 2. Practising Law Institute. 2004 – via Google Books.
  13. ^ New York Jurisprudence 2d. Vol. 52. West Group. 2009 – via Google Books.
  14. ^ Labor Cases. Vol. 158. Commerce Clearing House. 2009 – via Google Books.
  15. ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
  16. ^ a b c Marx, Karl (1847). "Chapter 2". Wage Labour and Capital.
  17. ^ a b c d Ellerman 1992.
  18. ^ a b c d Ostergaard 1997, p. 133.
  19. ^ Thompson 1966, p. 599.
  20. ^ Thompson 1966, p. 912.
  21. ^ a b c Lazonick, William (1990). Competitive Advantage on the Shop Floor. Cambridge, MA: Harvard University Press. p. 37. ISBN 978-0-674-15416-2.
  22. ^ "wage slave". merriam-webster.com. Retrieved 4 March 2013.
  23. ^ "wage slave". Dictionary.com Unabridged (Online). n.d.
  24. ^ "...vulgar are the means of livelihood of all hired workmen whom we pay for mere manual labour, not for artistic skill; for in their case the very wage they receive is a pledge of their slavery." – De Officiis [1]
  25. ^ "As long as politics is the shadow cast on society by big business, the attenuation of the shadow will not change the substance", in "The Need for a New Party" (1931), Later Works 6, p163
  26. ^ a b Ferguson 1995.
  27. ^ Pfeffer, Jeffrey (2018). Dying for a Paycheck: How Modern Management Harms Employee Health and Company Performance – and What We Can Do About It. HarperBusiness. p. 38. ISBN 978-0-06-280092-3.
  28. ^ McGregor, Jena (March 22, 2018). "This professor says the workplace is the fifth leading cause of death in the U.S." The Washington Post. Retrieved June 7, 2023.
  29. ^ "House of Reps seals 'death' of WorkChoices". ABC News. Australian Broadcasting Corporation. 2008-03-19. Retrieved 2014-02-15.
  30. ^ Gross, Willi; Söhnlein, Walter (1990), Gross, Willi; Söhnlein, Walter (eds.), "Werkvertrag", Bürgerliches Recht 3: Fall · Systematik · Lösung · Schuldrecht · Besonderer Teil. Kauf und Tausch · Schenkung · Miete und Pacht · Leihe · Verwahrung · Darlehen · Bürgschaft · Dienst- und Werkvertrag (in German), Wiesbaden: Gabler Verlag, pp. 127–135, doi:10.1007/978-3-322-99402-8_13, ISBN 978-3-322-99402-8, retrieved 2021-04-11
  31. ^ "§ 631 BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  32. ^ "Arbeitsrecht". Recht – Schnell Erfasst. 2006. doi:10.1007/3-540-32544-1. ISBN 3-540-32541-7.
  33. ^ Höhl, Rebekka (2017). "Kollegen anstellen: Was beim Arbeitsvertrag zu beachten ist!". Uro-News (in German). 21: 45. doi:10.1007/s00092-017-1358-0.
  34. ^ "§ 611a BGB – Einzelnorm". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  35. ^ "Links zu Musterverträgen". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
  36. ^ "Arbeitsvertrag (Befristet)". IHK Frankfurt am Main (in German). Retrieved 2021-04-11.
  37. ^ "Zeitarbeit: Infos und Stellen | Bundesagentur für Arbeit". www.arbeitsagentur.de. Retrieved 2024-05-17.
  38. ^ "Zeitarbeit = Leiharbeit: häufige Fragen – Bundesagentur für Arbeit". www.arbeitsagentur.de. Retrieved 2021-04-11.
  39. ^ Auer, M.; Egglmeier-Schmolke, B. (2009-10-01). "Arbeitnehmerüberlassung aus Deutschland im Bereich des Baugewerbes". Baurechtliche Blätter (in German). 12 (5): 199. doi:10.1007/s00738-009-0718-x. ISSN 1613-7612. S2CID 176538819.
  40. ^ Stieglmeier, Jacqueline (2005), Hök, Götz-Sebastian (ed.), "Internationales Arbeitsrecht", Handbuch des internationalen und ausländischen Baurechts (in German), Berlin, Heidelberg: Springer, pp. 361–368, doi:10.1007/3-540-27450-2_24, ISBN 978-3-540-27450-6, retrieved 2021-04-11
  41. ^ "AÜG – nichtamtliches Inhaltsverzeichnis". www.gesetze-im-internet.de. Retrieved 2021-04-11.
  42. ^ a b c d "Brown v. J. Kaz, Inc., No. 08-2713 (3d Cir. Sept. 11, 2009)". Archived from the original on 2012-03-23. Retrieved 2010-01-23.
  43. ^ Lag om anställningsskydd (1982:80)
  44. ^ a b c d e f g h i j k l m n o p Claire Melamed, Renate Hartwig and Ursula Grant 2011. Jobs, growth and poverty: what do we know, what don't we know, what should we know? Archived May 20, 2011, at the Wayback Machine London: Overseas Development Institute
  45. ^ "Contract types and employer responsibilities". gov.uk. Retrieved 21 May 2014.
  46. ^ 26 U.S.C. § 3401(c)
  47. ^ United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985).
  48. ^ "Termination". United States Department of Labor. Archived from the original on 27 September 2012. Retrieved 27 September 2012.
  49. ^ "Bluenomics". Archived from the original on 2014-11-17.
  50. ^ a b "Young Worker Safety and Health". www.cdc.gov. CDC NIOSH Workplace Safety and Health Topic. Retrieved 2015-06-15.
  51. ^ a b c d "Work-Related Motor Vehicle Crashes" (PDF). NIOSH Publication 2013-153. NIOSH. September 2013.
  52. ^ "Work-Related Motor Vehicle Crashes: Preventing Injury to Young Drivers" (PDF). NIOSH Publication 2013-152. NIOSH. September 2013.
  53. ^ Joseph Holden, Youth employment programmes – What can be learnt from international experience with youth employment programmes? Economic and private sector professional evidence and applied knowledge services https://partnerplatform.org/?fza26891
  54. ^ Pastore, Francesco (2018-01-23). "Why is youth unemployment so high and different across countries?". IZA World of Labor. doi:10.15185/izawol.420.
  55. ^ Chosewood, L. Casey (May 3, 2011). "When It Comes to Work, How Old Is Too Old?". NIOSH: Workplace Safety and Health. Medscape and NIOSH.
  56. ^ Baert, Stijn (February 20, 2016). "Getting Grey Hairs in the Labour Market: An Alternative Experiment on Age Discrimination". Journal of Economic Psychology. 57: 86–101. doi:10.1016/j.joep.2016.10.002. hdl:10419/114164. S2CID 38265879.
  57. ^ Henderson, Kaitlyn (May 3, 2023). "Where hard work doesn't pay off: An index of US labor policies compared to peer nations". Oxfam. Retrieved February 18, 2024. The US is falling drastically behind similar countries in mandating adequate wages, protections, and rights for millions of workers and their families. The wealthiest country in the world is near the bottom of every dimension of this index.
  58. ^ Rank, Mark Robert (2023). The Poverty Paradox: Understanding Economic Hardship Amid American Prosperity. Oxford University Press. pp. 4, 121. ISBN 978-0190212636. The tendency of our free market economy has been to produce a growing number of jobs that will no longer support a family. In addition, the basic nature of capitalism ensures that unemployment exists at modest levels. Both of these directly result in a shortage of economic opportunities in American society. In addition, the absence of social supports stems from failings at the political and policy levels. The United States has traditionally lacked the political desire to put in place effective policies and programs that would support the economically vulnerable. Structural failing at the economic and political levels have therefore produced a lack of opportunities and supports, resulting in high rates of American poverty.
  59. ^ Desmond, Matthew (2023). Poverty, by America. Crown Publishing Group. p. 62. ISBN 9780593239919.
  60. ^ Kaufman, Bruce E. (2004) Theoretical Perspectives on Work and the Employment Relationship, Industrial Relations Research Association.
  61. ^ Fox, Alan (1974) Beyond Contract: Work, Power and Trust Relations, Farber and Farber.
  62. ^ Budd, John W. and Bhave, Devasheesh (2008) "Values, Ideologies, and Frames of Reference in Industrial Relations," in Sage Handbook of Industrial Relations, Sage.
  63. ^ Befort, Stephen F. and Budd, John W. (2009) Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus, Stanford University Press.
  64. ^ Budd, John W. and Bhave, Devasheesh (2010) "The Employment Relationship," in Sage Handbook of Handbook of Human Resource Management, Sage.
  65. ^ a b c Yurendra Basnett and Ritwika Sen, What do empirical studies say about economic growth and job creation in developing countries? Economic and private sector professional evidence and applied knowledge services https://partnerplatform.org/?7ljwndv4
  66. ^ Blattman, Christopher; Annan, Jeannie (2016-02-01). "Can Employment Reduce Lawlessness and Rebellion? A Field Experiment with High-Risk Men in a Fragile State". American Political Science Review. 110 (1): 1–17. doi:10.1017/S0003055415000520. ISSN 0003-0554. S2CID 229170512.
  67. ^ a b c d e Budd, John W. (2004) Employment with a Human Face: Balancing Efficiency, Equity, and Voice, Cornell University Press.
  68. ^ a b Rayasam, Renuka (24 April 2008). "Why Workplace Democracy Can Be Good Business". U.S. News & World Report. Retrieved 16 August 2010.

General bibliography

[edit]
[edit]

 

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work.[1] Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.

Employees and employers

[edit]

An employee contributes labour and expertise to an endeavor of an employer or of a person conducting a business or undertaking (PCB)[2] and is usually hired to perform specific duties which are packaged into a job. In a corporate context, an employee is a person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.[3]

Independent contractor

[edit]

An issue that arises in most companies, especially the ones that are in the gig economy, is the classification of workers. A lot of workers that fulfill gigs are often hired as independent contractors.

To categorize a worker as an independent contractor rather than an employee, an independent contractor must agree with the client on what the finished work product will be and then the contractor controls the means and manner of achieving the desired outcome. Secondly, an independent contractor offers services to the public at large, not just to one business, and is responsible for disbursing payments from the client, paying unreimbursed expenses, and providing his or her own tools to complete the job. Third, the relationship of the parties is often evidenced by a written agreement that specifies that the worker is an independent contractor and is not entitled to employee benefits; the services provided by the worker are not key to the business; and the relationship is not permanent.[4]

As a general principle of employment law, in the United States, there is a difference between an agent and an independent contractor. The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test.[5][6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.

Provided key circumstances, including ones such as that the worker is paid regularly, follows set hours of work, is supplied with tools from the employer, is closely monitored by the employer, acting on behalf of the employer, only works for one employer at a time, they are considered an employee,[7] and the employer will generally be liable for their actions and be obliged to give them benefits.[8] Similarly, the employer is the owner of any invention created by an employee "hired to invent", even in the absence of an assignment of inventions. In contrast, a company commissioning a work by an independent contractor will not own the copyright unless the company secures either a written contract stating that it is a "work made for hire" or a written assignment of the copyright. In order to stay protected and avoid lawsuits, an employer has to be aware of that distinction.[4]

Employer–worker relationship

[edit]

Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labor productivity in order to achieve a profitable and productive employment relationship.

Labor acquisition / hiring

[edit]

The main ways for employers to find workers and for people to find employers are via jobs listings in newspapers (via classified advertising) and online, also called job boards. Employers and job seekers also often find each other via professional recruitment consultants which receive a commission from the employer to find, screen and select suitable candidates. However, a study has shown that such consultants may not be reliable when they fail to use established principles in selecting employees.[1] A more traditional approach is with a "Help Wanted" sign in the establishment (usually hung on a window or door[9] or placed on a store counter).[3] Evaluating different employees can be quite laborious but setting up different techniques to analyze their skills to measure their talents within the field can be best through assessments. Employer and potential employee commonly take the additional step of getting to know each other through the process of a job interview.

Training and development

[edit]
Wiki-training with employees of Regional Institute of Culture in Katowice 02

Training and development refers to the employer's effort to equip a newly hired employee with the necessary skills to perform at the job, and to help the employee grow within the organization. An appropriate level of training and development helps to improve employee's job satisfaction.[10]

Remuneration

[edit]

There are many ways that employees are paid, including by hourly wages, by piecework, by yearly salary, or by gratuities (with the latter often being combined with another form of payment). In sales jobs and real estate positions, the employee may be paid a commission, a percentage of the value of the goods or services that they have sold. In some fields and professions (e.g., executive jobs), employees may be eligible for a bonus if they meet certain targets. Some executives and employees may be paid in shares or stock options, a compensation approach that has the added benefit, from the company's point of view, of helping to align the interests of the compensated individual with the performance of the company.

Under the faithless servant doctrine, a doctrine under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[11][12][13][14][15]

Employee benefits

[edit]

Employee benefits are various non-wage compensation provided to employees in addition to their wages or salaries. The benefits can include: housing (employer-provided or employer-paid), group insurance (health, dental, life etc.), disability income protection, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits. In some cases, such as with workers employed in remote or isolated regions, the benefits may include meals. Employee benefits can improve the relationship between employee and employer and lowers staff turnover.[16]

Organizational justice

[edit]

Organizational justice is an employee's perception and judgement of employer's treatment in the context of fairness or justice. The resulting actions to influence the employee-employer relationship is also a part of organizational justice.[16]

Workforce organizing

[edit]

Employees can organize into trade or labor unions, which represent the workforce to collectively bargain with the management of organizations about working, and contractual conditions and services.[17]

Ending employment

[edit]

Usually, either an employee or employer may end the relationship at any time, often subject to a certain notice period. This is referred to as at-will employment. The contract between the two parties specifies the responsibilities of each when ending the relationship and may include requirements such as notice periods, severance pay, and security measures.[17] A contract forbidding an employee from leaving their employment, under penalty of a surety bond, is referred to as an employment bond. In some professions, notably teaching, civil servants, university professors, and some orchestra jobs, some employees may have tenure, which means that they cannot be dismissed at will. Another type of termination is a layoff.

Wage labor

[edit]
Worker assembling rebar for a water treatment plant in Mazatlan, Sinaloa, Mexico

Wage labor is the socioeconomic relationship between a worker and an employer, where the worker sells their labor under a formal or informal employment contract. These transactions usually occur in a labor market where wages are market-determined.[10][16] In exchange for the wages paid, the work product generally becomes the undifferentiated property of the employer, except for special cases such as the vesting of intellectual property patents in the United States where patent rights are usually vested in the original personal inventor. A wage laborer is a person whose primary means of income is from the selling of his or her labor in this way.[17]

In modern mixed economies such as that of the OECD countries, it is currently the dominant form of work arrangement. Although most work occurs following this structure, the wage work arrangements of CEOs, professional employees, and professional contract workers are sometimes conflated with class assignments, so that "wage labor" is considered to apply only to unskilled, semi-skilled or manual labor.[18]

Wage slavery

[edit]

Wage labor, as institutionalized under today's market economic systems, has been criticized,[17] especially by socialists,[18][19][20][21] using the pejorative term wage slavery.[22][23] Socialists draw parallels between the trade of labor as a commodity and slavery. Cicero is also known to have suggested such parallels.[24]

The American philosopher John Dewey posited that until "industrial feudalism" is replaced by "industrial democracy", politics will be "the shadow cast on society by big business".[25] Thomas Ferguson has postulated in his investment theory of party competition that the undemocratic nature of economic institutions under capitalism causes elections to become occasions when blocs of investors coalesce and compete to control the state plus cities.[26]

American business theorist Jeffrey Pfeffer posits that contemporary employment practices and employer commonalities in the United States, including toxic working environments, job insecurity, long hours and increased performance pressure from management, are responsible for 120,000 excess deaths annually, making the workplace the fifth leading cause of death in the United States.[27][28]

Employment contract

[edit]

Australia

[edit]

Australian employment has been governed by the Fair Work Act since 2009.[29]

Bangladesh

[edit]

Bangladesh Association of International Recruiting Agencies (BAIRA) is an association of national level with its international reputation of co-operation and welfare of the migrant workforce as well as its approximately 1200 members agencies in collaboration with and support from the Government of Bangladesh.[18]

Canada

[edit]

In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour. In the province of Quebec, grievances can be filed with the Commission des normes du travail.[21]

Germany

[edit]

Two of the prominent examples of work and employment contracts in Germany are the Werksvertrag[30][31] or the Arbeitsvertrag,[32][33][34][35] which is a form of Dienstleistungsvertrag (service-oriented contract). An Arbeitsvertrag can also be temporary,[36] whereas a temporary worker is working under Zeitarbeit[37] or Leiharbeit.[38] Another employment setting is Arbeitnehmerüberlassung (ANÜ).[39][40][41]

India

[edit]

India has options for a fixed term contract or a permanent contract. Both contracts are entitled to minimum wages, fixed working hours and social security contributions.[21]

Pakistan

[edit]

Pakistan has no contract Labor, Minimum Wage and Provident Funds Acts. Contract labor in Pakistan must be paid minimum wage and certain facilities are to be provided to labor. However, the Acts are not yet fully implemented.[18]

Philippines

[edit]

In the Philippines, employment is regulated by the Department of Labor and Employment.[42]

Sweden

[edit]

According to Swedish law,[43] there are three types of employment.

  • Test employment (Swedish: Provanställning), where the employer hires a person for a test period of 6 months maximum. The employment can be ended at any time without giving any reason. This type of employment can be offered only once per employer and in employee combination. Usually, a time limited or normal employment is offered after a test employment.[44]
  • Time limited employment (Swedish: Tidsbegränsad anställning). The employer hires a person for a specified time. Usually, they are extended for a new period. Total maximum two years per employer and employee combination, then it automatically counts as a normal employment.
  • Normal employment (Swedish: Tillsvidareanställning / Fast anställning), which has no time limit (except for retirement etc.). It can still be ended for two reasons: personal reason, immediate end of employment only for strong reasons such as crime, or lack of work tasks (Swedish: Arbetsbrist), cancellation of employment, usually because of bad income for the company. There is a cancellation period of 1–6 months, and rules for how to select employees, basically those with shortest employment time shall be cancelled first.[44]

There are no laws about minimum salary in Sweden. Instead, there are agreements between employer organizations and trade unions about minimum salaries, and other employment conditions.

There is a type of employment contract which is common but not regulated in law, and that is Hour employment (Swedish: Timanställning), which can be Normal employment (unlimited), but the work time is unregulated and decided per immediate need basis. The employee is expected to be answering the phone and come to work when needed, e.g. when someone is ill and absent from work. They will receive salary only for actual work time and can in reality be fired for no reason by not being called anymore. This type of contract is common in the public sector.[44]

United Kingdom

[edit]
A call centre worker confined to a small workstation/booth

In the United Kingdom, employment contracts are categorized by the government into the following types:[45]

United States

[edit]
All employees, private industries, by branches

For purposes of U.S. federal income tax withholding, 26 U.S.C. § 3401(c) provides a definition for the term "employee" specific to chapter 24 of the Internal Revenue Code:

Government employment as % of total employment in EU

"For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."[46] This definition does not exclude all those who are commonly known as 'employees'. "Similarly, Latham's instruction which indicated that under 26 U.S.C. § 3401(c) the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others."[47]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case of Brown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose of discrimination laws if they work for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[42]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor.[48]

Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger unions also typically engage in lobbying activities and electioneering at the state and federal level.[42]

Most unions in America are aligned with one of two larger umbrella organizations: the AFL–CIO created in 1955, and the Change to Win Federation which split from the AFL–CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL–CIO is especially concerned with global trade issues.[26]

[edit]

Younger age workers

[edit]
Youth employment rate in the US, i.e. the ratio of employed persons (15–24Y) in an economy to total labor force (15–24Y)[49]

Young workers are at higher risk for occupational injury and face certain occupational hazards at a higher rate; this is generally due to their employment in high-risk industries. For example, in the United States, young people are injured at work at twice the rate of their older counterparts.[50] These workers are also at higher risk for motor vehicle accidents at work, due to less work experience, a lower use of seat belts, and higher rates of distracted driving.[51][52] To mitigate this risk, those under the age of 17 are restricted from certain types of driving, including transporting people and goods under certain circumstances.[51]

High-risk industries for young workers include agriculture, restaurants, waste management, and mining.[50][51] In the United States, those under the age of 18 are restricted from certain jobs that are deemed dangerous under the Fair Labor Standards Act.[51]

Youth employment programs are most effective when they include both theoretical classroom training and hands-on training with work placements.[53]

In the conversation of employment among younger aged workers, youth unemployment has also been monitored. Youth unemployment rates tend to be higher than the adult rates in every country in the world.[54]

Older age workers

[edit]

Those older than the statutory defined retirement age may continue to work, either out of enjoyment or necessity. However, depending on the nature of the job, older workers may need to transition into less-physical forms of work to avoid injury. Working past retirement age also has positive effects, because it gives a sense of purpose and allows people to maintain social networks and activity levels.[55] Older workers are often found to be discriminated against by employers.[56]

Working poor

[edit]
A worker in Dhaka, Bangladesh

Employment is no guarantee of escaping poverty, the International Labour Organization (ILO) estimates that as many as 40% of workers are poor, not earning enough to keep their families above the $2 a day poverty line.[44] For instance, in India most of the chronically poor are wage earners in formal employment, because their jobs are insecure and low paid and offer no chance to accumulate wealth to avoid risks.[44] According to the UNRISD, increasing labor productivity appears to have a negative impact on job creation: in the 1960s, a 1% increase in output per worker was associated with a reduction in employment growth of 0.07%, by the first decade of this century the same productivity increase implies reduced employment growth by 0.54%.[44] Both increased employment opportunities and increased labor productivity (as long as it also translates into higher wages) are needed to tackle poverty. Increases in employment without increases in productivity leads to a rise in the number of "working poor", which is why some experts are now promoting the creation of "quality" and not "quantity" in labor market policies.[44] This approach does highlight how higher productivity has helped reduce poverty in East Asia, but the negative impact is beginning to show.[44] In Vietnam, for example, employment growth has slowed while productivity growth has continued.[44] Furthermore, productivity increases do not always lead to increased wages, as can be seen in the United States, where the gap between productivity and wages has been rising since the 1980s.[44] Oxfam and social scientist Mark Robert Rank have argued that the economy of the United States is failing to provide jobs that can adequately support families.[57][58] According to sociologist Matthew Desmond, the US "offers some of the lowest wages in the industrialized world," which has "swelled the ranks of the working poor, most of whom are thirty-five or older."[59]

Researchers at the Overseas Development Institute argue that there are differences across economic sectors in creating employment that reduces poverty.[44] 24 instances of growth were examined, in which 18 reduced poverty. This study showed that other sectors were just as important in reducing unemployment, such as manufacturing.[44] The services sector is most effective at translating productivity growth into employment growth. Agriculture provides a safety net for jobs and economic buffer when other sectors are struggling.[44]

Growth, employment and poverty[44]
  Number of
episodes
Rising
agricultural
employment
Rising
industrial
employment
Rising
services
employment
Growth episodes associated with falling poverty rates
18
6
10
15
Growth episodes associated with no fall in poverty rates
6
2
3
1

Models of the employment relationship

[edit]

Scholars conceptualize the employment relationship in various ways.[60] A key assumption is the extent to which the employment relationship necessarily includes conflicts of interests between employers and employees, and the form of such conflicts.[61] In economic theorizing, the labor market mediates all such conflicts such that employers and employees who enter into an employment relationship are assumed to find this arrangement in their own self-interest. In human resource management theorizing, employers and employees are assumed to have shared interests (or a unity of interests, hence the label “unitarism”). Any conflicts that exist are seen as a manifestation of poor human resource management policies or interpersonal clashes such as personality conflicts, both of which can and should be managed away. From the perspective of pluralist industrial relations, the employment relationship is characterized by a plurality of stakeholders with legitimate interests (hence the label “pluralism), and some conflicts of interests are seen as inherent in the employment relationship (e.g., wages v. profits). Lastly, the critical paradigm emphasizes antagonistic conflicts of interests between various groups (e.g., the competing capitalist and working classes in a Marxist framework) that are part of a deeper social conflict of unequal power relations. As a result, there are four common models of employment:[62]

  1. Mainstream economics: employment is seen as a mutually advantageous transaction in a free market between self-interested legal and economic equals
  2. Human resource management (unitarism): employment is a long-term partnership of employees and employers with common interests
  3. Pluralist industrial relations: employment is a bargained exchange between stakeholders with some common and some competing economic interests and unequal bargaining power due to imperfect labor markets[44]
  4. Critical industrial relations: employment is an unequal power relation between competing groups that is embedded in and inseparable from systemic inequalities throughout the socio-politico-economic system.

These models are important because they help reveal why individuals hold differing perspectives on human resource management policies, labor unions, and employment regulation.[63] For example, human resource management policies are seen as dictated by the market in the first view, as essential mechanisms for aligning the interests of employees and employers and thereby creating profitable companies in the second view, as insufficient for looking out for workers’ interests in the third view, and as manipulative managerial tools for shaping the ideology and structure of the workplace in the fourth view.[64]

Academic literature

[edit]

Literature on the employment impact of economic growth and on how growth is associated with employment at a macro, sector and industry level was aggregated in 2013.[65]

Researchers found evidence to suggest growth in manufacturing and services have good impact on employment. They found GDP growth on employment in agriculture to be limited, but that value-added growth had a relatively larger impact.[44] The impact on job creation by industries/economic activities as well as the extent of the body of evidence and the key studies. For extractives, they again found extensive evidence suggesting growth in the sector has limited impact on employment. In textiles, however, although evidence was low, studies suggest growth there positively contributed to job creation. In agri-business and food processing, they found impact growth to be positive.[65]

They found that most available literature focuses on OECD and middle-income countries somewhat, where economic growth impact has been shown to be positive on employment. The researchers didn't find sufficient evidence to conclude any impact of growth on employment in LDCs despite some pointing to the positive impact, others point to limitations. They recommended that complementary policies are necessary to ensure economic growth's positive impact on LDC employment. With trade, industry and investment, they only found limited evidence of positive impact on employment from industrial and investment policies and for others, while large bodies of evidence does exist, the exact impact remains contested.[65]

Researchers have also explored the relationship between employment and illicit activities. Using evidence from Africa, a research team found that a program for Liberian ex-fighters reduced work hours on illicit activities. The employment program also reduced interest in mercenary work in nearby wars. The study concludes that while the use of capital inputs or cash payments for peaceful work created a reduction in illicit activities, the impact of training alone is rather low.[66]

Globalization and employment relations

[edit]

The balance of economic efficiency and social equity is the ultimate debate in the field of employment relations.[67] By meeting the needs of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be a continuous revolving issue in westernized societies.[67]

Globalization has affected these issues by creating certain economic factors that disallow or allow various employment issues. Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect employment relations:

  1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wage disparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrialized nations, towards low-waged countries.[67]
  2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job losses in uncompetitive industries outstrip job opportunities in new industries.
  3. Workers will be forced to accept worsening wages and conditions, as a global labor market results in a “race to the bottom”. Increased international competition creates a pressure to reduce the wages and conditions of workers.[67]
  4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulate economic activity is reduced.

What also results from Lee's (1996) findings is that in industrialized countries an average of almost 70 per cent of workers are employed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labor force, that are growing in non standard forms of employment (Markey, R. et al. 2006).[67]

Alternatives

[edit]

Subcultures

[edit]

Various youth subcultures have been associated with not working, such as the hippie subculture in the 1960s and 1970s (which endorsed the idea of "dropping out" of society) and the punk subculture.

Post-secondary education

[edit]

One of the alternatives to work is engaging in post-secondary education at a college, university or professional school. One of the major costs of obtaining a post-secondary education is the opportunity cost of forgone wages due to not working. At times when jobs are hard to find, such as during recessions, unemployed individuals may decide to get post-secondary education, because there is less of an opportunity cost.

Social assistance

[edit]

In some countries, individuals who are not working can receive social assistance support (e.g., welfare or food stamps) to enable them to rent housing, buy food, repair or replace household goods, maintenance of children and observe social customs that require financial expenditure.

Volunteerism

[edit]

Workers who are not paid wages, such as volunteers who perform tasks for charities, hospitals or not-for-profit organizations, are generally not considered employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.[68]

Indentured servitude and slavery

[edit]

Those who work under obligation for the purpose of fulfilling a debt, such as indentured servants, or as property of the person or entity they work for, such as slaves, do not receive pay for their services and are not considered employed. Some historians[which?] suggest that slavery is older than employment, but both arrangements have existed for all recorded history.[citation needed] Indentured servitude and slavery are not considered compatible with human rights or with democracy.[68]

Self-employment

[edit]
 

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity (called trading even when referring to the provision of a service) but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership.

Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate. In some countries, such as the United States and the United Kingdom, the authorities are placing more emphasis on clarifying whether an individual is self-employed or engaged in disguised employment, in other words pretending to be in a contractual intra-business relationship to hide what is in fact an employer-employee relationship.

Statistics

[edit]

See also

[edit]

Notes and references

[edit]
  1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
  2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
  3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
  4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
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  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
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  11. ^ Glynn, Timothy P.; Arnow-Richman, Rachel S.; Sullivan, Charles A. (2019). Employment Law: Private Ordering and Its Limitations. Wolters Kluwer Law & Business. ISBN 978-1-5438-0106-4 – via Google Books.
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  15. ^ Ellie Kaufman (May 19, 2018). "Met Opera sues former conductor for $5.8 million over sexual misconduct allegations". CNN.
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  17. ^ a b c d Ellerman 1992.
  18. ^ a b c d Ostergaard 1997, p. 133.
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  20. ^ Thompson 1966, p. 912.
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  25. ^ "As long as politics is the shadow cast on society by big business, the attenuation of the shadow will not change the substance", in "The Need for a New Party" (1931), Later Works 6, p163
  26. ^ a b Ferguson 1995.
  27. ^ Pfeffer, Jeffrey (2018). Dying for a Paycheck: How Modern Management Harms Employee Health and Company Performance – and What We Can Do About It. HarperBusiness. p. 38. ISBN 978-0-06-280092-3.
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  33. ^ Höhl, Rebekka (2017). "Kollegen anstellen: Was beim Arbeitsvertrag zu beachten ist!". Uro-News (in German). 21: 45. doi:10.1007/s00092-017-1358-0.
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  39. ^ Auer, M.; Egglmeier-Schmolke, B. (2009-10-01). "Arbeitnehmerüberlassung aus Deutschland im Bereich des Baugewerbes". Baurechtliche Blätter (in German). 12 (5): 199. doi:10.1007/s00738-009-0718-x. ISSN 1613-7612. S2CID 176538819.
  40. ^ Stieglmeier, Jacqueline (2005), Hök, Götz-Sebastian (ed.), "Internationales Arbeitsrecht", Handbuch des internationalen und ausländischen Baurechts (in German), Berlin, Heidelberg: Springer, pp. 361–368, doi:10.1007/3-540-27450-2_24, ISBN 978-3-540-27450-6, retrieved 2021-04-11
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  43. ^ Lag om anställningsskydd (1982:80)
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  46. ^ 26 U.S.C. § 3401(c)
  47. ^ United States v. Latham, 754 F.2d 747, 750 (7th Cir. 1985).
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  49. ^ "Bluenomics". Archived from the original on 2014-11-17.
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  54. ^ Pastore, Francesco (2018-01-23). "Why is youth unemployment so high and different across countries?". IZA World of Labor. doi:10.15185/izawol.420.
  55. ^ Chosewood, L. Casey (May 3, 2011). "When It Comes to Work, How Old Is Too Old?". NIOSH: Workplace Safety and Health. Medscape and NIOSH.
  56. ^ Baert, Stijn (February 20, 2016). "Getting Grey Hairs in the Labour Market: An Alternative Experiment on Age Discrimination". Journal of Economic Psychology. 57: 86–101. doi:10.1016/j.joep.2016.10.002. hdl:10419/114164. S2CID 38265879.
  57. ^ Henderson, Kaitlyn (May 3, 2023). "Where hard work doesn't pay off: An index of US labor policies compared to peer nations". Oxfam. Retrieved February 18, 2024. The US is falling drastically behind similar countries in mandating adequate wages, protections, and rights for millions of workers and their families. The wealthiest country in the world is near the bottom of every dimension of this index.
  58. ^ Rank, Mark Robert (2023). The Poverty Paradox: Understanding Economic Hardship Amid American Prosperity. Oxford University Press. pp. 4, 121. ISBN 978-0190212636. The tendency of our free market economy has been to produce a growing number of jobs that will no longer support a family. In addition, the basic nature of capitalism ensures that unemployment exists at modest levels. Both of these directly result in a shortage of economic opportunities in American society. In addition, the absence of social supports stems from failings at the political and policy levels. The United States has traditionally lacked the political desire to put in place effective policies and programs that would support the economically vulnerable. Structural failing at the economic and political levels have therefore produced a lack of opportunities and supports, resulting in high rates of American poverty.
  59. ^ Desmond, Matthew (2023). Poverty, by America. Crown Publishing Group. p. 62. ISBN 9780593239919.
  60. ^ Kaufman, Bruce E. (2004) Theoretical Perspectives on Work and the Employment Relationship, Industrial Relations Research Association.
  61. ^ Fox, Alan (1974) Beyond Contract: Work, Power and Trust Relations, Farber and Farber.
  62. ^ Budd, John W. and Bhave, Devasheesh (2008) "Values, Ideologies, and Frames of Reference in Industrial Relations," in Sage Handbook of Industrial Relations, Sage.
  63. ^ Befort, Stephen F. and Budd, John W. (2009) Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy Into Focus, Stanford University Press.
  64. ^ Budd, John W. and Bhave, Devasheesh (2010) "The Employment Relationship," in Sage Handbook of Handbook of Human Resource Management, Sage.
  65. ^ a b c Yurendra Basnett and Ritwika Sen, What do empirical studies say about economic growth and job creation in developing countries? Economic and private sector professional evidence and applied knowledge services https://partnerplatform.org/?7ljwndv4
  66. ^ Blattman, Christopher; Annan, Jeannie (2016-02-01). "Can Employment Reduce Lawlessness and Rebellion? A Field Experiment with High-Risk Men in a Fragile State". American Political Science Review. 110 (1): 1–17. doi:10.1017/S0003055415000520. ISSN 0003-0554. S2CID 229170512.
  67. ^ a b c d e Budd, John W. (2004) Employment with a Human Face: Balancing Efficiency, Equity, and Voice, Cornell University Press.
  68. ^ a b Rayasam, Renuka (24 April 2008). "Why Workplace Democracy Can Be Good Business". U.S. News & World Report. Retrieved 16 August 2010.

General bibliography

[edit]
[edit]

 

Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work.[1] Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, and disability insurance. Employment is typically governed by employment laws, organization or legal contracts.

Employees and employers

[edit]

An employee contributes labour and expertise to an endeavor of an employer or of a person conducting a business or undertaking (PCB)[2] and is usually hired to perform specific duties which are packaged into a job. In a corporate context, an employee is a person who is hired to provide services to a company on a regular basis in exchange for compensation and who does not provide these services as part of an independent business.[3]

Independent contractor

[edit]

An issue that arises in most companies, especially the ones that are in the gig economy, is the classification of workers. A lot of workers that fulfill gigs are often hired as independent contractors.

To categorize a worker as an independent contractor rather than an employee, an independent contractor must agree with the client on what the finished work product will be and then the contractor controls the means and manner of achieving the desired outcome. Secondly, an independent contractor offers services to the public at large, not just to one business, and is responsible for disbursing payments from the client, paying unreimbursed expenses, and providing his or her own tools to complete the job. Third, the relationship of the parties is often evidenced by a written agreement that specifies that the worker is an independent contractor and is not entitled to employee benefits; the services provided by the worker are not key to the business; and the relationship is not permanent.[4]

As a general principle of employment law, in the United States, there is a difference between an agent and an independent contractor. The default status of a worker is an employee unless specific guidelines are met, which can be determined by the ABC test.[5][6] Thus, clarifying whether someone who performs work is an independent contractor or an employee from the beginning, and treating them accordingly, can save a company from trouble later on.

Provided key circumstances, including ones such as that the worker is paid regularly, follows set hours of work, is supplied with tools from the employer, is closely monitored by the employer, acting on behalf of the employer, only works for one employer at a time, they are considered an employee,[7] and the employer will generally be liable for their actions and be obliged to give them benefits.[8] Similarly, the employer is the owner of any invention created by an employee "hired to invent", even in the absence of an assignment of inventions. In contrast, a company commissioning a work by an independent contractor will not own the copyright unless the company secures either a written contract stating that it is a "work made for hire" or a written assignment of the copyright. In order to stay protected and avoid lawsuits, an employer has to be aware of that distinction.[4]

Employer–worker relationship

[edit]

Employer and managerial control within an organization rests at many levels and has important implications for staff and productivity alike, with control forming the fundamental link between desired outcomes and actual processes. Employers must balance interests such as decreasing wage constraints with a maximization of labor productivity in order to achieve a profitable and productive employment relationship.

Labor acquisition / hiring

[edit]

The main ways for employers to find workers and for people to find employers are via jobs listings in newspapers (via classified advertising) and online, also called job boards. Employers and job seekers also often find each other via professional recruitment consultants which receive a commission from the employer to find, screen and select suitable candidates. However, a study has shown that such consultants may not be reliable when they fail to use established principles in selecting employees.[1] A more traditional approach is with a "Help Wanted" sign in the establishment (usually hung on a window or door[9] or placed on a store counter).[3] Evaluating different employees can be quite laborious but setting up different techniques to analyze their skills to measure their talents within the field can be best through assessments. Employer and potential employee commonly take the additional step of getting to know each other through the process of a job interview.

Training and development

[edit]
Wiki-training with employees of Regional Institute of Culture in Katowice 02

Training and development refers to the employer's effort to equip a newly hired employee with the necessary skills to perform at the job, and to help the employee grow within the organization. An appropriate level of training and development helps to improve employee's job satisfaction.[10]

Remuneration

[edit]

There are many ways that employees are paid, including by hourly wages, by piecework, by yearly salary, or by gratuities (with the latter often being combined with another form of payment). In sales jobs and real estate positions, the employee may be paid a commission, a percentage of the value of the goods or services that they have sold. In some fields and professions (e.g., executive jobs), employees may be eligible for a bonus if they meet certain targets. Some executives and employees may be paid in shares or stock options, a compensation approach that has the added benefit, from the company's point of view, of helping to align the interests of the compensated individual with the performance of the company.

Under the faithless servant doctrine, a doctrine under the laws of a number of states in the United States, and most notably New York State law, an employee who acts unfaithfully towards his employer must forfeit all of the compensation he received during the period of his disloyalty.[11][12][13][14][15]

Employee benefits

[edit]

Employee benefits are various non-wage compensation provided to employees in addition to their wages or salaries. The benefits can include: housing (employer-provided or employer-paid), group insurance (health, dental, life etc.), disability income protection, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits. In some cases, such as with workers employed in remote or isolated regions, the benefits may include meals. Employee benefits can improve the relationship between employee and employer and lowers staff turnover.[16]

Organizational justice

[edit]

Organizational justice is an employee's perception and judgement of employer's treatment in the context of fairness or justice. The resulting actions to influence the employee-employer relationship is also a part of organizational justice.[16]

Workforce organizing

[edit]

Employees can organize into trade or labor unions, which represent the workforce to collectively bargain with the management of organizations about working, and contractual conditions and services.[17]

Ending employment

[edit]

Usually, either an employee or employer may end the relationship at any time, often subject to a certain notice period. This is referred to as at-will employment. The contract between the two parties specifies the responsibilities of each when ending the relationship and may include requirements such as notice periods, severance pay, and security measures.[17] A contract forbidding an employee from leaving their employment, under penalty of a surety bond, is referred to as an employment bond. In some professions, notably teaching, civil servants, university professors, and some orchestra jobs, some employees may have tenure, which means that they cannot be dismissed at will. Another type of termination is a layoff.

Wage labor

[edit]
Worker assembling rebar for a water treatment plant in Mazatlan, Sinaloa, Mexico

Wage labor is the socioeconomic relationship between a worker and an employer, where the worker sells their labor under a formal or informal employment contract. These transactions usually occur in a labor market where wages are market-determined.[10][16] In exchange for the wages paid, the work product generally becomes the undifferentiated property of the employer, except for special cases such as the vesting of intellectual property patents in the United States where patent rights are usually vested in the original personal inventor. A wage laborer is a person whose primary means of income is from the selling of his or her labor in this way.[17]

In modern mixed economies such as that of the OECD countries, it is currently the dominant form of work arrangement. Although most work occurs following this structure, the wage work arrangements of CEOs, professional employees, and professional contract workers are sometimes conflated with class assignments, so that "wage labor" is considered to apply only to unskilled, semi-skilled or manual labor.[18]

Wage slavery

[edit]

Wage labor, as institutionalized under today's market economic systems, has been criticized,[17] especially by socialists,[18][19][20][21] using the pejorative term wage slavery.[22][23] Socialists draw parallels between the trade of labor as a commodity and slavery. Cicero is also known to have suggested such parallels.[24]

The American philosopher John Dewey posited that until "industrial feudalism" is replaced by "industrial democracy", politics will be "the shadow cast on society by big business".[25] Thomas Ferguson has postulated in his investment theory of party competition that the undemocratic nature of economic institutions under capitalism causes elections to become occasions when blocs of investors coalesce and compete to control the state plus cities.[26]

American business theorist Jeffrey Pfeffer posits that contemporary employment practices and employer commonalities in the United States, including toxic working environments, job insecurity, long hours and increased performance pressure from management, are responsible for 120,000 excess deaths annually, making the workplace the fifth leading cause of death in the United States.[27][28]

Employment contract

[edit]

Australia

[edit]

Australian employment has been governed by the Fair Work Act since 2009.[29]

Bangladesh

[edit]

Bangladesh Association of International Recruiting Agencies (BAIRA) is an association of national level with its international reputation of co-operation and welfare of the migrant workforce as well as its approximately 1200 members agencies in collaboration with and support from the Government of Bangladesh.[18]

Canada

[edit]

In the Canadian province of Ontario, formal complaints can be brought to the Ministry of Labour. In the province of Quebec, grievances can be filed with the Commission des normes du travail.[21]

Germany

[edit]

Two of the prominent examples of work and employment contracts in Germany are the Werksvertrag[30][31] or the Arbeitsvertrag,[32][33][34][35] which is a form of Dienstleistungsvertrag (service-oriented contract). An Arbeitsvertrag can also be temporary,[36] whereas a temporary worker is working under Zeitarbeit[37] or Leiharbeit.[38] Another employment setting is Arbeitnehmerüberlassung (ANÜ).[39][40][41]

India

[edit]

India has options for a fixed term contract or a permanent contract. Both contracts are entitled to minimum wages, fixed working hours and social security contributions.[21]

Pakistan

[edit]

Pakistan has no contract Labor, Minimum Wage and Provident Funds Acts. Contract labor in Pakistan must be paid minimum wage and certain facilities are to be provided to labor. However, the Acts are not yet fully implemented.[18]

Philippines

[edit]

In the Philippines, employment is regulated by the Department of Labor and Employment.[42]

Sweden

[edit]

According to Swedish law,[43] there are three types of employment.

  • Test employment (Swedish: Provanställning), where the employer hires a person for a test period of 6 months maximum. The employment can be ended at any time without giving any reason. This type of employment can be offered only once per employer and in employee combination. Usually, a time limited or normal employment is offered after a test employment.[44]
  • Time limited employment (Swedish: Tidsbegränsad anställning). The employer hires a person for a specified time. Usually, they are extended for a new period. Total maximum two years per employer and employee combination, then it automatically counts as a normal employment.
  • Normal employment (Swedish: Tillsvidareanställning / Fast anställning), which has no time limit (except for retirement etc.). It can still be ended for two reasons: personal reason, immediate end of employment only for strong reasons such as crime, or lack of work tasks (Swedish: Arbetsbrist), cancellation of employment, usually because of bad income for the company. There is a cancellation period of 1–6 months, and rules for how to select employees, basically those with shortest employment time shall be cancelled first.[44]

There are no laws about minimum salary in Sweden. Instead, there are agreements between employer organizations and trade unions about minimum salaries, and other employment conditions.

There is a type of employment contract which is common but not regulated in law, and that is Hour employment (Swedish: Timanställning), which can be Normal employment (unlimited), but the work time is unregulated and decided per immediate need basis. The employee is expected to be answering the phone and come to work when needed, e.g. when someone is ill and absent from work. They will receive salary only for actual work time and can in reality be fired for no reason by not being called anymore. This type of contract is common in the public sector.[44]

United Kingdom

[edit]
A call centre worker confined to a small workstation/booth

In the United Kingdom, employment contracts are categorized by the government into the following types:[45]

United States

[edit]
All employees, private industries, by branches

For purposes of U.S. federal income tax withholding, 26 U.S.C. § 3401(c) provides a definition for the term "employee" specific to chapter 24 of the Internal Revenue Code:

Government employment as % of total employment in EU

"For purposes of this chapter, the term "employee" includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term "employee" also includes an officer of a corporation."[46] This definition does not exclude all those who are commonly known as 'employees'. "Similarly, Latham's instruction which indicated that under 26 U.S.C. § 3401(c) the category of 'employee' does not include privately employed wage earners is a preposterous reading of the statute. It is obvious that within the context of both statutes the word 'includes' is a term of enlargement not of limitation, and the reference to certain entities or categories is not intended to exclude all others."[47]

Employees are often contrasted with independent contractors, especially when there is dispute as to the worker's entitlement to have matching taxes paid, workers compensation, and unemployment insurance benefits. However, in September 2009, the court case of Brown v. J. Kaz, Inc. ruled that independent contractors are regarded as employees for the purpose of discrimination laws if they work for the employer on a regular basis, and said employer directs the time, place, and manner of employment.[42]

In non-union work environments, in the United States, unjust termination complaints can be brought to the United States Department of Labor.[48]

Labor unions are legally recognized as representatives of workers in many industries in the United States. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger unions also typically engage in lobbying activities and electioneering at the state and federal level.[42]

Most unions in America are aligned with one of two larger umbrella organizations: the AFL–CIO created in 1955, and the Change to Win Federation which split from the AFL–CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL–CIO is especially concerned with global trade issues.[26]

[edit]

Younger age workers

[edit]
Youth employment rate in the US, i.e. the ratio of employed persons (15–24Y) in an economy to total labor force (15–24Y)[49]

Young workers are at higher risk for occupational injury and face certain occupational hazards at a higher rate; this is generally due to their employment in high-risk industries. For example, in the United States, young people are injured at work at twice the rate of their older counterparts.[50] These workers are also at higher risk for motor vehicle accidents at work, due to less work experience, a lower use of seat belts, and higher rates of distracted driving.[51][52] To mitigate this risk, those under the age of 17 are restricted from certain types of driving, including transporting people and goods under certain circumstances.[51]

High-risk industries for young workers include agriculture, restaurants, waste management, and mining.[50][51] In the United States, those under the age of 18 are restricted from certain jobs that are deemed dangerous under the Fair Labor Standards Act.[51]

Youth employment programs are most effective when they include both theoretical classroom training and hands-on training with work placements.[53]

In the conversation of employment among younger aged workers, youth unemployment has also been monitored. Youth unemployment rates tend to be higher than the adult rates in every country in the world.[54]

Older age workers

[edit]

Those older than the statutory defined retirement age may continue to work, either out of enjoyment or necessity. However, depending on the nature of the job, older workers may need to transition into less-physical forms of work to avoid injury. Working past retirement age also has positive effects, because it gives a sense of purpose and allows people to maintain social networks and activity levels.[55] Older workers are often found to be discriminated against by employers.[56]

Working poor

[edit]
A worker in Dhaka, Bangladesh

Employment is no guarantee of escaping poverty, the International Labour Organization (ILO) estimates that as many as 40% of workers are poor, not earning enough to keep their families above the $2 a day poverty line.[44] For instance, in India most of the chronically poor are wage earners in formal employment, because their jobs are insecure and low paid and offer no chance to accumulate wealth to avoid risks.[44] According to the UNRISD, increasing labor productivity appears to have a negative impact on job creation: in the 1960s, a 1% increase in output per worker was associated with a reduction in employment growth of 0.07%, by the first decade of this century the same productivity increase implies reduced employment growth by 0.54%.[44] Both increased employment opportunities and increased labor productivity (as long as it also translates into higher wages) are needed to tackle poverty. Increases in employment without increases in productivity leads to a rise in the number of "working poor", which is why some experts are now promoting the creation of "quality" and not "quantity" in labor market policies.[44] This approach does highlight how higher productivity has helped reduce poverty in East Asia, but the negative impact is beginning to show.[44] In Vietnam, for example, employment growth has slowed while productivity growth has continued.[44] Furthermore, productivity increases do not always lead to increased wages, as can be seen in the United States, where the gap between productivity and wages has been rising since the 1980s.[44] Oxfam and social scientist Mark Robert Rank have argued that the economy of the United States is failing to provide jobs that can adequately support families.[57][58] According to sociologist Matthew Desmond, the US "offers some of the lowest wages in the industrialized world," which has "swelled the ranks of the working poor, most of whom are thirty-five or older."[59]

Researchers at the Overseas Development Institute argue that there are differences across economic sectors in creating employment that reduces poverty.[44] 24 instances of growth were examined, in which 18 reduced poverty. This study showed that other sectors were just as important in reducing unemployment, such as manufacturing.[44] The services sector is most effective at translating productivity growth into employment growth. Agriculture provides a safety net for jobs and economic buffer when other sectors are struggling.[44]

Growth, employment and poverty[44]
  Number of
episodes
Rising
agricultural
employment
Rising
industrial
employment
Rising
services
employment
Growth episodes associated with falling poverty rates
18
6
10
15
Growth episodes associated with no fall in poverty rates
6
2
3
1

Models of the employment relationship

[edit]

Scholars conceptualize the employment relationship in various ways.[60] A key assumption is the extent to which the employment relationship necessarily includes conflicts of interests between employers and employees, and the form of such conflicts.[61] In economic theorizing, the labor market mediates all such conflicts such that employers and employees who enter into an employment relationship are assumed to find this arrangement in their own self-interest. In human resource management theorizing, employers and employees are assumed to have shared interests (or a unity of interests, hence the label “unitarism”). Any conflicts that exist are seen as a manifestation of poor human resource management policies or interpersonal clashes such as personality conflicts, both of which can and should be managed away. From the perspective of pluralist industrial relations, the employment relationship is characterized by a plurality of stakeholders with legitimate interests (hence the label “pluralism), and some conflicts of interests are seen as inherent in the employment relationship (e.g., wages v. profits). Lastly, the critical paradigm emphasizes antagonistic conflicts of interests between various groups (e.g., the competing capitalist and working classes in a Marxist framework) that are part of a deeper social conflict of unequal power relations. As a result, there are four common models of employment:[62]

  1. Mainstream economics: employment is seen as a mutually advantageous transaction in a free market between self-interested legal and economic equals
  2. Human resource management (unitarism): employment is a long-term partnership of employees and employers with common interests
  3. Pluralist industrial relations: employment is a bargained exchange between stakeholders with some common and some competing economic interests and unequal bargaining power due to imperfect labor markets[44]
  4. Critical industrial relations: employment is an unequal power relation between competing groups that is embedded in and inseparable from systemic inequalities throughout the socio-politico-economic system.

These models are important because they help reveal why individuals hold differing perspectives on human resource management policies, labor unions, and employment regulation.[63] For example, human resource management policies are seen as dictated by the market in the first view, as essential mechanisms for aligning the interests of employees and employers and thereby creating profitable companies in the second view, as insufficient for looking out for workers’ interests in the third view, and as manipulative managerial tools for shaping the ideology and structure of the workplace in the fourth view.[64]

Academic literature

[edit]

Literature on the employment impact of economic growth and on how growth is associated with employment at a macro, sector and industry level was aggregated in 2013.[65]

Researchers found evidence to suggest growth in manufacturing and services have good impact on employment. They found GDP growth on employment in agriculture to be limited, but that value-added growth had a relatively larger impact.[44] The impact on job creation by industries/economic activities as well as the extent of the body of evidence and the key studies. For extractives, they again found extensive evidence suggesting growth in the sector has limited impact on employment. In textiles, however, although evidence was low, studies suggest growth there positively contributed to job creation. In agri-business and food processing, they found impact growth to be positive.[65]

They found that most available literature focuses on OECD and middle-income countries somewhat, where economic growth impact has been shown to be positive on employment. The researchers didn't find sufficient evidence to conclude any impact of growth on employment in LDCs despite some pointing to the positive impact, others point to limitations. They recommended that complementary policies are necessary to ensure economic growth's positive impact on LDC employment. With trade, industry and investment, they only found limited evidence of positive impact on employment from industrial and investment policies and for others, while large bodies of evidence does exist, the exact impact remains contested.[65]

Researchers have also explored the relationship between employment and illicit activities. Using evidence from Africa, a research team found that a program for Liberian ex-fighters reduced work hours on illicit activities. The employment program also reduced interest in mercenary work in nearby wars. The study concludes that while the use of capital inputs or cash payments for peaceful work created a reduction in illicit activities, the impact of training alone is rather low.[66]

Globalization and employment relations

[edit]

The balance of economic efficiency and social equity is the ultimate debate in the field of employment relations.[67] By meeting the needs of the employer; generating profits to establish and maintain economic efficiency; whilst maintaining a balance with the employee and creating social equity that benefits the worker so that he/she can fund and enjoy healthy living; proves to be a continuous revolving issue in westernized societies.[67]

Globalization has affected these issues by creating certain economic factors that disallow or allow various employment issues. Economist Edward Lee (1996) studies the effects of globalization and summarizes the four major points of concern that affect employment relations:

  1. International competition, from the newly industrialized countries, will cause unemployment growth and increased wage disparity for unskilled workers in industrialized countries. Imports from low-wage countries exert pressure on the manufacturing sector in industrialized countries and foreign direct investment (FDI) is attracted away from the industrialized nations, towards low-waged countries.[67]
  2. Economic liberalization will result in unemployment and wage inequality in developing countries. This happens as job losses in uncompetitive industries outstrip job opportunities in new industries.
  3. Workers will be forced to accept worsening wages and conditions, as a global labor market results in a “race to the bottom”. Increased international competition creates a pressure to reduce the wages and conditions of workers.[67]
  4. Globalization reduces the autonomy of the nation state. Capital is increasingly mobile and the ability of the state to regulate economic activity is reduced.

What also results from Lee's (1996) findings is that in industrialized countries an average of almost 70 per cent of workers are employed in the service sector, most of which consists of non-tradable activities. As a result, workers are forced to become more skilled and develop sought after trades, or find other means of survival. Ultimately this is a result of changes and trends of employment, an evolving workforce, and globalization that is represented by a more skilled and increasing highly diverse labor force, that are growing in non standard forms of employment (Markey, R. et al. 2006).[67]

Alternatives

[edit]

Subcultures

[edit]

Various youth subcultures have been associated with not working, such as the hippie subculture in the 1960s and 1970s (which endorsed the idea of "dropping out" of society) and the punk subculture.

Post-secondary education

[edit]

One of the alternatives to work is engaging in post-secondary education at a college, university or professional school. One of the major costs of obtaining a post-secondary education is the opportunity cost of forgone wages due to not working. At times when jobs are hard to find, such as during recessions, unemployed individuals may decide to get post-secondary education, because there is less of an opportunity cost.

Social assistance

[edit]

In some countries, individuals who are not working can receive social assistance support (e.g., welfare or food stamps) to enable them to rent housing, buy food, repair or replace household goods, maintenance of children and observe social customs that require financial expenditure.

Volunteerism

[edit]

Workers who are not paid wages, such as volunteers who perform tasks for charities, hospitals or not-for-profit organizations, are generally not considered employed. One exception to this is an internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.[68]

Indentured servitude and slavery

[edit]

Those who work under obligation for the purpose of fulfilling a debt, such as indentured servants, or as property of the person or entity they work for, such as slaves, do not receive pay for their services and are not considered employed. Some historians[which?] suggest that slavery is older than employment, but both arrangements have existed for all recorded history.[citation needed] Indentured servitude and slavery are not considered compatible with human rights or with democracy.[68]

Self-employment

[edit]
 

Self-employment is the state of working for oneself rather than an employer. Tax authorities will generally view a person as self-employed if the person chooses to be recognised as such or if the person is generating income for which a tax return needs to be filed. In the real world, the critical issue for tax authorities is not whether a person is engaged in business activity (called trading even when referring to the provision of a service) but whether the activity is profitable and therefore potentially taxable. In other words, the trading is likely to be ignored if there is no profit, so occasional and hobby- or enthusiast-based economic activity is generally ignored by tax authorities. Self-employed people are usually classified as a sole proprietor (or sole trader), independent contractor, or as a member of a partnership.

Self-employed people generally find their own work rather than being provided with work by an employer and instead earn income from a profession, a trade, or a business that they operate. In some countries, such as the United States and the United Kingdom, the authorities are placing more emphasis on clarifying whether an individual is self-employed or engaged in disguised employment, in other words pretending to be in a contractual intra-business relationship to hide what is in fact an employer-employee relationship.

Statistics

[edit]

See also

[edit]

Notes and references

[edit]
  1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
  2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
  3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
  4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
  5. ^ "ABC test". Legal Information Institute (LII). Retrieved 2022-10-06.
  6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
  7. ^ "Overview of Independent Contractor Guidelines". Findlaw. Retrieved 2020-03-30.
  8. ^ "Employer Liability for Employee Conduct". Findlaw. Retrieved 2020-03-30.
  9. ^ J. Mayhew Wainwright (1910). Report to the Legislature of the State of New York by the Commission appointed under Chapter 518 of the laws of 1909 to inquire into the question of employers' liability and other matters (Report). J. B. Lyon Company. pp. 11, 50, 144.
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General bibliography

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Frequently Asked Questions

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