EMPLOYMENT LAW: U.S. VS EU
Employment laws hold greater significance because they tend to elaborate the rights of both the employees and the employers. They actually provide a structure to the workplace as they clearly define the responsibilities and duties of the employees as well as the employers. In addition, these laws also hold significance because they ensure the provision of focus of the business on productivity rather than wasting their resources on solving conflicts and problems. During 2012, around 19 major strikes took place in the United States where each involved an average of 1000 workers; the result was 148,000 workers stayed off the job. Similarly in March 2012, 11 work stoppages occurred in the European Union that cost around 29,000 working days. The paper sheds light on the employment laws in the United States in comparison to the United Kingdom.
The labor law of the United States does not require an explicit contract of employment. Until and unless lawful reasons are provided, both the employee and the employer have the right to terminate the employment; this is known as at-will employment (Schmidle 502-507). In addition, the federal laws of the country and also the U.S. Fair Labor Standards Act does not put obligation upon the employer to provide notice to the employee before termination. The only reasons under which the termination can be termed as wrongful are discrimination, defamation, retaliation, or fraud (Roberts 295). It is utmost important to ensure and provide evidence of unfair treatment; merely feelings of the employee do not support the claim for wrongful termination against the employer as the HG Global Legal Resources state. There is no limitation on the number of working hours for the employees in the United States under the federal employment laws. It is only in the California state law where an employee is entitled to a day off in a week but the condition remains that the nature of occupation supports this. According to the U.S. Fair Labor Standards Act, minors in the age of 14 and 15 are allowed to work for restricted hours but not allowed to work in mining or manufacturing industries. Those in ages 16 and 17 have no limit of working hours; but all minors are not permitted to work in jobs that are hazardous (Gould).
EMPLOYMENT LAW IN EU
The employer-employee relation is formed on the base of an employment contract; the doctrine of employment-at-will is not applicable at all. Following the due process of termination is a requirement for the employer or else the act falls under wrongful termination. If the employer breaches the contract of employment, the employee has the right to claim wrongful termination. Providing a notice to the employee before termination is also a disciplinary measure which the employer must take. The members of European Union like Germany and Switzerland place limitation on the working hours to 35 hours and 45 hours respectively (Leighton). The child labor laws strictly prohibit the minors from employment and until and unless they reach the age of leaving school, they are not allowed to be employed as the Article 32 states under the Charter of Fundamental Rights of the European Union (Curran and Quinn 464-480). This ensures that minors remain protected and are not exploited economically so that their education and development takes place safely.
CONCLUSION
The United States and the United Kingdom have many similarities and differences in their employment laws. It is mainly the culture and the requirements of the region which make these possible. But still, the most important is the similarity where both ensure the protection of the minors. There are certain differences based on the rights each gives to its labor and the employers.
Works cited
Curran, Deirdre and Mary Quinn. "Attitudes to employment law and the consequent impact of legislation on employment relations practice." Employee Relations, 34. 5 (2012): 464--480. Print.
Gould, William B. A primer on American labor law. Cambridge: Cambridge University Press, 2013. Print.
Leighton, Patricia. EU employment law. London: Thorogood, 2010. Print.
Roberts, Kathy. "Correcting Culture: Extraterritoriality and US Employment Discrimination Law." Hofstra Lab. & Emp. LJ, 24. (2006): 295. Print.
Schmidle, Timothy P.. "Employer Practices, Labor Policy, and “Tough Times for the American Worker”." Public Administration Review, 71. 3 (2011): 502-507. Wiley Online Library. Print.
