Wrongful Termination Attorney Pittsburgh

Wrongful Termination Attorney Pittsburgh

Employer legal representation

If you prefer written communication, their email address is also available. Their commitment to transparency extends to their billing as well – you won't find any hidden fees here. This accolade is a reminder that when you choose Lacy Employment Law, you're choosing one of the best in Wrongful Termination Attorney Pittsburgh. Learn more about Wrongful Termination Attorney Pittsburgh here These stories aren't just wins in court; they're milestones in the lives of those who sought fairness and dignity at work. Through detailed case studies, we'll showcase how we've championed the rights of individuals just like you, achieving significant victories in the realm of employment law.
For instance, if your employer cites a reason for your firing that seems to mask an illegal motive, such as your age, gender, race, or a recent complaint you made about workplace safety, this could constitute wrongful termination. They ensure you're working in a safe and respectful space, free from unfair treatment or exploitation. Stick around to uncover the layers of dedication, success stories, and community involvement that make The Lacy Employment Law Firm a beacon of hope for those caught in the tumultuous waves of employment disputes. You'll find that their trophy case includes prestigious awards from both local and national legal organizations.
This team stands out for its deep commitment to fighting for employee rights, ensuring you're not just another case number. As you contemplate the future of workplace justice, considering the Lacy Employment Law Firm's trajectory might offer intriguing insights into the evolving landscape of employment law and what it means for individuals seeking to challenge unfair practices in the workplace.

Employment law audits

  1. Employment legal consulting
  2. Title VII discrimination lawyer
  3. Workplace policy drafting
  4. Employment law seminars
  5. Workplace litigation
  6. Wrongful termination lawyer
  7. Gig economy employment lawyer
  8. FMLA lawyer
  9. Layoff and reduction legal advice
  10. Employee rights advocate
  11. Independent contractor agreements
  12. Employment law compliance
  13. Family and Medical Leave Act attorney
  14. Hostile work environment attorney
  15. Work-from-home legal policies
You can connect with The Lacy Employment Law Firm through various channels. They're not just your lawyers-they're your allies in the fight for justice.
It's crucial to act promptly and gather all relevant evidence related to your dismissal. Read more about Employment Law Attorney in Pittsburgh, PA here. This allows you to detail your situation at your own pace, and you can expect a prompt response with the information or support you need. It's reflected in their track record of successful outcomes and the gratitude of those they've represented. We're here to clarify the process, demystify legal jargon, and empower you with information every step of the way.

Employer legal representation

The Lacy Employment Law Firm stands ready to help you navigate these tricky waters, ensuring you're paid what you're owed. Moreover, their involvement doesn't end with seminars. Our team has extensive experience in navigating the complexities of employment contracts, non-compete agreements, and severance packages, making sure you're fully informed and protected throughout your employment journey. 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. Overtime pay lawyer
Lacy Employment Law Firm has earned a spot among Wrongful Termination Attorney Pittsburgh's top legal practices, a testament to its excellence and commitment to client service. Harassment training for employers Michael's case sent a clear message: unethical practices have no place in the workplace.

Sexual harassment lawyer

  1. Non-disclosure agreements
  2. Employment discrimination attorney
  3. Pregnancy discrimination attorney
  4. Employment law mediation
  5. Class action employment lawsuits
  6. Workplace violence prevention
  7. Termination of employment legal services
  8. Staff management legal advice
  9. Employment law attorney
  10. Employee benefits lawyer
  11. Employment arbitration lawyer
  12. Equal employment opportunity lawyer
  13. Workplace safety compliance
  14. Employment law consultation
  15. Employment law risk assessment
  16. Union avoidance strategies
  17. Employee rights lawyer
This option allows you to detail your employment issue and how you'd like the firm to assist you.
Alternatively, you can directly email them or give them a call; their email address and phone number are prominently displayed on their site. Read more about Wrongful Termination Attorney Pittsburgh here These endorsements not only underscore their expertise in employment law but also their dedication to fighting for workers' rights. They listen carefully to your story, prioritizing your goals and preferences.
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. As you consider the significance of such recognition, you're likely to find their story not just inspiring but also indicative of the evolving landscape of employment law in Wrongful Termination Attorney Pittsburgh, hinting at a broader discussion on excellence in legal practices. Employment law audits He believes that by setting a high standard for employee rights, other firms will follow suit, creating a ripple effect that ensures better working conditions for all.

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Pittsburgh's rich industrial history left the area with renowned cultural institutions, including the Carnegie Museums of Pittsburgh, Pittsburgh Parks Conservancy, Pittsburgh Zoo & Aquarium, Phipps Conservatory and Botanical Gardens, the National Aviary, and a diverse cultural district.[16] The city's major league professional sports teams include the Pittsburgh Steelers, Pittsburgh Penguins, and Pittsburgh Pirates. Pittsburgh is additionally where Jehovah's Witnesses traces its earliest origins, and was the host of the 2009 G20 Pittsburgh summit.

Workplace Rights Attorney Pittsburgh

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Carnegie Museum of Natural History

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Fossils of dinosaurs & sea creatures, plus minerals & an open paleontology lab, in a grand building.

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Citations and other links

Workplace Retaliation Defense Wrongful Termination Attorney Pittsburgh

Moreover, they're committed to empowering you with knowledge. By embracing innovative strategies that not only address current legal challenges but also anticipate future trends.

Employment law audits

  1. Employment background check policies
  2. Workplace harassment lawyer
  3. Workplace accommodation lawyer
  4. Alternative dispute resolution
  5. Non-solicitation agreements
  6. Small business employment law
  7. Employment law for startups
  8. Whistleblower protection attorney
  9. Non-compete agreement
  10. Religious discrimination lawyer
  11. Employment dispute resolution
  12. Contract negotiation lawyer
  13. Contract employee rights
  14. Employee handbook review
  15. Employer-employee mediation
Their representation is a blend of personalized attention and aggressive legal strategies, aimed at getting you the best possible outcome. The firm's commitment to advocating for employees is evident in their track record of successfully navigating complex legal battles against formidable opponents. You'll find that their attorneys haven't only graduated from top law schools but also possess a wealth of experience in both state and federal courts.

By choosing The Lacy Employment Law Firm, you're not just hiring an attorney; you're partnering with a team determined to fight for your rights and secure the best possible outcome for your case. But it's not just about the shiny trophies and certificates. Moreover, they're always accessible. They're not intimidated by big corporations or complex cases.

You might also see them at job fairs, offering resume reviews and legal advice on employment rights, ensuring everyone has the tools they need to succeed. Legal support and guidance go beyond just representation in court; they're about equipping you with the knowledge and confidence needed to face your employment challenges head-on.

Harassment training for employers

    This means if you're let go for discriminatory reasons, as a form of retaliation, or without the due process promised in your contract, you've likely been wrongfully terminated. You're not just hiring a lawyer; you're gaining a team deeply versed in the intricacies of employment litigation, from wrongful termination to discrimination and beyond.

    Andrew Lacy Jr. embarked on his legal career with a clear vision: to champion the rights of employees across the nation. With a steadfast commitment to justice, they're not just your attorneys; they're your advocates, fighting to protect your interests and dignity at every turn. That's where their dedication to justice makes a tangible difference. As you walk through his journey, it's clear that Andrew Lacy Jr. isn't just building a law firm; he's building a legacy of fighting for what's right.

    Workplace Retaliation Defense Wrongful Termination Attorney Pittsburgh
    Workplace Retaliation Attorney Wrongful Termination Attorney Pittsburgh

    Workplace Retaliation Attorney Wrongful Termination Attorney Pittsburgh

    In one standout case, they represented an employee who'd been wrongfully terminated, alleging discrimination. Knowing you have a tailored strategy designed to champion your rights makes all the difference. The Lacy Employment Law Firm in Wrongful Termination Attorney Pittsburgh stands as your steadfast ally, armed with the expertise to navigate these turbulent waters. Whether it's negotiating settlements or litigating in court, they're committed to getting the best outcomes for their clients. We frequently engage in local community initiatives, believing that real change starts with active involvement.

    Thanks to your support, we've solidified our position as a leading advocate for employee rights in Wrongful Termination Attorney Pittsburgh, dedicated to making a meaningful difference in the lives of workers. Employment contracts You can expect the Lacy Employment Law Firm to dive deeper into technology, using it to reach more people and streamline the fight against unjust employment practices. They believe in giving back, and it's this belief that cements their reputation not just as superb legal professionals but as genuine community advocates. This outcome is a testament to the firm's negotiation skills and their commitment to not just winning cases, but also restoring their clients' lives and careers. Remote worker employment law

    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.

    Employment contracts

    • Disability discrimination lawyer
    • Workplace investigation services
    • Employer legal representation
    • Workplace discrimination policies
    • Equal pay attorney
    • Employment law services for businesses
    • Workplace grievance lawyer
    • Workplace equity
    • Employer defense attorney
    • Dispute resolution lawyer
    • Trade secret protection
    • Employment compliance audit
    • Sexual orientation discrimination
    • Employee contract disputes
    • Gender discrimination attorney
    But it's not just about the wins. When you're up against complex employment laws, the Lacy Employment Law Firm acts as your steadfast ally. You've worked hard, and you deserve to be compensated fairly for your time, effort, and skills.

    Regardless of the path you choose, standing firm on your rights is paramount. Moreover, they're gearing up to tackle emerging workplace issues, such as remote work policies and digital privacy concerns, ensuring that workers' rights evolve with the changing landscape of employment. This includes contract review and negotiations, ensuring your employment terms are fair and your contributions valued. They're deeply committed to ensuring that you're treated fairly at work, whether you're facing discrimination, harassment, wrongful termination, or disputes over wages and hours.

    Severance Agreement Review Wrongful Termination Attorney Pittsburgh

    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. It's this combination of personalized attention and unwavering commitment to rights protection that sets us apart as one of the best employment lawyers in Wrongful Termination Attorney Pittsburgh. It's simple: their unwavering dedication to fighting for the rights of employees. They're committed to improving workplace environments and setting precedents that benefit employees across the board. What sets him apart isn't just his legal acumen but his commitment to making a real difference in people's lives.

    They're also hands-on with local charities, sponsoring events and providing pro bono services to those in dire need. Harnessing a deep understanding of employment law, our firm's expertise is unparalleled in navigating workplace disputes and advocating for your rights. Over the years, the Lacy Employment Law Firm has amassed a collection of success stories that highlight their prowess in achieving justice for their clients. We understand that our role in the community extends beyond the courtroom or negotiation table.

    They're actively involved in the community, offering support and resources to those in need. You'll see them doubling down on their commitment to education and outreach. Whether you're facing discrimination, wrongful termination, or issues with contracts, they've got the know-how to navigate the complex legal landscape.

    Overtime pay lawyer

    1. Hostile work environment attorney
    2. Work-from-home legal policies
    3. Non-disclosure agreements
    4. Employment discrimination attorney
    5. Pregnancy discrimination attorney
    6. Employment law mediation
    7. Class action employment lawsuits
    8. Workplace violence prevention
    9. Termination of employment legal services
    10. Staff management legal advice
    11. Employment law attorney
    12. Employee benefits lawyer
    13. Employment arbitration lawyer
    14. Equal employment opportunity lawyer
    15. Workplace safety compliance
    16. Employment law consultation
    17. Employment law risk assessment
    You'll find their walls adorned with letters of gratitude from those they've represented, each story a testament to the firm's commitment to justice.

    To schedule a meeting, visit their website where you'll find a simple contact form. When you're up against the odds, they're the ally you need, proving time and again why they're among the best in Wrongful Termination Attorney Pittsburgh. Our efforts haven't only resulted in substantial settlements for our clients but have also led to the implementation of improved workplace policies across various industries. When you've been unfairly let go from your job, you're not just looking for any lawyer-you need a champion with a history of victories.

    Severance Agreement Review Wrongful Termination Attorney Pittsburgh
    Wrongful Termination Attorney Pittsburgh EEOC Complaint Attorney
    Wrongful Termination Attorney Pittsburgh EEOC Complaint Attorney

    You'll find that their deep understanding of both federal and state regulations ensures you're not just another case number. A client came to them feeling powerless and voiceless, suffering in silence.

    Sexual harassment lawyer

    1. Age discrimination lawyer
    2. Employer liability defense
    3. Employment law firm
    4. Employment lawyer free consultation
    5. Freelance worker legal services
    6. Legal aid employment law
    7. Workers' rights
    8. Job termination rights
    9. Wage and hour attorney
    10. Employment tribunal representation
    11. HR outsourcing legal services
    12. HR compliance training
    13. Civil rights attorney
    14. Harassment training for employers
    15. Collective bargaining agreements
    16. Workplace retaliation lawyer
    17. Human resources legal advice
    18. Employment background check policies
    19. Workplace harassment lawyer
    Delving into real-world scenarios, we'll showcase how Lacy Employment Law Firm has navigated complex cases to secure victories for their clients. We've dedicated years to mastering the complexities of employment law, from discrimination and harassment claims to wrongful termination and wage disputes.

    Over countless victories, our clients' success stories shine as a testament to the impactful representation provided by The Lacy Employment Law Firm. They've navigated complex legal challenges, securing victories in cases that seemed insurmountable. Rest assured, they're prepared to navigate the complexities of employment law to seek the justice and compensation you deserve.

    In short, the future for Lacy Employment Law Firm looks promising. At Lacy Employment Law Firm, we've honed our expertise in employment law over years of dedicated practice, ensuring you receive top-tier legal representation. We're deeply committed to ensuring that your rights are defended, whether you're facing discrimination, wrongful termination, or any other employment challenge.

    We're not just about defending your rights in the workplace; we're about reshaping how those rights are recognized and protected. You've also got to prove that you're doing it the right way. Sexual harassment lawyer You've got to show you're not just good at what you do, but you're among the best. Employee misclassification lawyer

    Employee Rights Counseling Wrongful Termination Attorney Pittsburgh

    We're here to make sure your rights aren't just recognized but also fiercely protected. This client-centric approach is woven into every facet of their operations. You've likely heard their name whispered in corridors or seen it headlining local news stories, not just for their unmatched expertise in employment law, but for their unwavering commitment to championing workers' rights. What sets them apart isn't just their track record but their commitment to staying at the forefront of employment law. At The Lacy Employment Law Firm, we tailor our advocacy strategies to meet the unique needs of each client, ensuring your rights are always front and center.
    You can rest easy knowing they're on your side, fighting tirelessly to ensure that justice prevails. Their approach combines deep legal expertise with a personalized touch, ensuring that you're not just another case number. At The Lacy Employment Law Firm, we specialize in a wide range of employment law areas, ensuring you have expert support no matter your workplace issue. Lacy Jr. doesn't stop at envisioning a fairer world; he's actively building it. Employment law appeals
    That's why they don't rely on a one-size-fits-all approach. By educating you about your rights and the legal avenues available, we empower you to make informed decisions throughout your case. This focus on education ensures that you're not only aware of your rights but also equipped to protect them. Starting with a small, passionate team, you've witnessed an unwavering commitment to fairness and justice in the workplace.
    Imagine you're navigating the complexities of employment law, feeling overwhelmed and unsure where to turn. Instead, we listen carefully to your story, analyzing the legal framework and how it applies to your situation. That's exactly what you get with The Lacy Employment Law Firm.

    Workplace grievance lawyer

    • Collective bargaining agreements
    • Workplace retaliation lawyer
    • Human resources legal advice
    • Employment background check policies
    • Workplace harassment lawyer
    • Workplace accommodation lawyer
    • Alternative dispute resolution
    • Non-solicitation agreements
    • Small business employment law
    • Employment law for startups
    • Whistleblower protection attorney
    • Non-compete agreement
    • Religious discrimination lawyer
    • Employment dispute resolution
    • Contract negotiation lawyer
    Consider the case of a healthcare professional who faced wrongful termination after whistleblowing on unsafe practices.

    Learn more about Wrongful Termination Attorney Pittsburgh here
    Employee Rights Counseling Wrongful Termination Attorney Pittsburgh

    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.
    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.
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    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.
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    General bibliography

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