Pittsburgh Employment Retaliation Attorney

Pittsburgh Employment Retaliation Attorney

Civil rights attorney

Now, as they're recognized among the best in Pittsburgh Employment Retaliation Attorney, it's clear that their journey has been more than a path to success-it's been a mission to transform workplace rights for the better. Read more about The Lacy Employment Law Firm, LLC here. They're the backbone, ensuring that every case is prepared with the utmost attention to detail. They're not just your lawyers; they're your advocates, your support system, pushing for the best outcome for you. Our team is handpicked for their expertise in employment law, their passion for advocacy, and their unwavering dedication to the clients we serve. It's about transforming challenges into victories, and with the right help, you're more than capable of achieving just that. Learn more about Pittsburgh Employment Retaliation Attorney here
Clients often highlight how we've turned their daunting legal battles into victories, praising our thorough understanding of employment law and our tailored approach to each case.

Non-compete agreement

  1. Employer liability defense
  2. Gender discrimination attorney
  3. Non-compete agreement
  4. Alternative dispute resolution
  5. Employment law services for businesses
  6. Employer liability defense
  7. Gender discrimination attorney
  8. Non-compete agreement
  9. Alternative dispute resolution
  10. Employment law services for businesses
  11. Employer liability defense
  12. Gender discrimination attorney
  13. Non-compete agreement
  14. Alternative dispute resolution
  15. Employment law services for businesses
Whether it's negotiating a settlement that reflects the severity of your situation or fearlessly representing you in court, they're committed to ensuring your voice is heard and your rights are upheld. Clients consistently praise their experience, highlighting the firm's dedication to personal attention and genuine care. 'They treated my case with the utmost importance,' one client shares, emphasizing the personalized approach that set their mind at ease. Your battles have become ours, and together, we've navigated complex legal challenges, securing justice and rightful compensation for countless employees. Employee rights advocate
It's clear that at The Lacy Employment Law Firm, justice isn't just a professional pursuit-it's a personal crusade. Trade secret protection If you're facing such adversity, reaching out to an experienced employment lawyer is a crucial step. Another testifies to the firm's expertise, saying, 'Their knowledge of employment law is unmatched. 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.
This recognition isn't just a badge of honor; it's a beacon for those seeking justice in the workplace. We've also been instrumental in negotiating severance agreements that honor the contributions and rights of employees, ensuring they're not left vulnerable after job loss. Having explored the impactful victories The Lacy Employment Law Firm has secured, you might be wondering how to reach out to them for your own employment concerns. You've likely heard tales of their unparalleled commitment to championing workers' rights, setting them apart from the crowd.

When you work with them, they'll take into account the specific details of your case, including the nature of your job, the circumstances surrounding your termination, and any instances of discrimination or harassment you may have faced. Support staff also play a crucial role. At the heart of everything he does, Lacy Jr. envisions a world where every employee is treated with fairness and respect. You're not just getting a lawyer; you're getting a dedicated champion for your rights. They're not just after a quick resolution; they're focused on achieving the outcome that's best for you.

The Lacy Employment Law Firm in Pittsburgh Employment Retaliation Attorney stands as your steadfast ally, armed with the expertise to navigate these turbulent waters. Another shared, 'I wasn't just another case to them. Remember, you work hard for your pay, and ensuring you're fairly compensated is a fight worth pursuing. Whether it's discrimination, harassment, wrongful termination, or wage and hour disputes, we're committed to providing you with the robust representation you deserve.

The Lacy Employment Law Firm has recently earned a prestigious award, marking a significant milestone in its pursuit of legal excellence. Our thorough understanding of wage and hour laws enabled us to recover the unpaid wages, highlighting our commitment to fairness in the workplace. By explaining complex legal terms in understandable language, they ensure you're well-informed to make decisions that are right for you. This firm has not only joined but also elevated the ranks of exceptional legal service providers through a relentless focus on workers' rights and an unmatched legal expertise.

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. The Lacy Employment Law Firm doesn't just offer legal representation; they provide a shield against injustice, ensuring your voice is heard loud and clear. Dispute resolution lawyer One client mentioned, 'I was at my wit's end, dealing with workplace harassment. Navigating through the complexities of workplace rights is crucial for every employee to ensure fair treatment and justice in their professional environment.



Workplace equity

  • Employee handbook review
  • Non-compete agreement
  • Alternative dispute resolution
  • Employment law services for businesses
  • Employer liability defense
  • Gender discrimination attorney
  • Employee handbook review
  • Non-compete agreement
  • Alternative dispute resolution
  • Employment law services for businesses
  • Employer liability defense
  • Gender discrimination attorney
  • Employee handbook review
  • Non-compete agreement
  • Alternative dispute resolution
  • Employment law services for businesses

Pittsburgh Employee Rights Attorney

After 1990, Pittsburgh has focused its energies on healthcare, education, and technology industries. Pittsburgh is home to large medical providers, including the University of Pittsburgh Medical Center, Allegheny Health Network, and 68 colleges and universities, including research and development leaders Carnegie Mellon University and the University of Pittsburgh. The area has served as the federal agency headquarters for cyber defense, software engineering, robotics, energy research, and the nuclear navy. In the private sector, Pittsburgh-based PNC is the nation's fifth-largest bank, and the city is home to eight Fortune 500 companies and seven of the largest 300 U.S. law firms. RAND Corporation, BNY Mellon, Nova, FedEx, Bayer, and the National Institute for Occupational Safety and Health have regional headquarters and offices that helped Pittsburgh become the sixth-best area for U.S. job growth. Furthermore, the region is a hub for Leadership in Energy and Environmental Design and energy extraction.

Wrongful Termination Lawyer Pittsburgh

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Johnny Angel's Ginchy Stuff,, 1800 Preble Ave, Pittsburgh, PA 15233

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Grassy 65-acre urban park situated in a ravine & offering hiking trails & spectacular city views.

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The Clemente Museum

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Schenley Farms Historic District

North Oakland
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Park featuring gardens & native plants, a carousel, food kiosks, a restaurant & restrooms.


Citations and other links

Retaliation Claim Consultations Pittsburgh Employment Retaliation Attorney

They put their expertise into action, delivering results that matter in your life. As you consider the complexities of navigating employment disputes, remember that stories of triumph and transformation lie just beyond the horizon.

Termination of employment legal services

  1. Civil rights attorney
  2. Hostile work environment attorney
  3. Dispute resolution lawyer
  4. Employee benefits lawyer
  5. Trade secret protection
  6. Workplace equity
  7. Union avoidance strategies
  8. Employee rights advocate
  9. Termination of employment legal services
  10. Minimum wage disputes
  11. HR compliance training
  12. Employee handbook review
  13. Non-compete agreement
  14. Alternative dispute resolution
  15. Employment law services for businesses
  16. Employer liability defense
  17. Gender discrimination attorney
  18. Hostile work environment attorney
  19. Dispute resolution lawyer
  20. Employee benefits lawyer
This meticulous approach means they're not just treating you as another case number. But it's not just about the shiny trophies and certificates.

This isn't just about knowing the statutes; it's about understanding how they're applied in the real world. But it's not just about legal prowess. The team's practical experience in both state and federal courts equips them with the strategies and insights necessary to tackle even the most challenging cases.

When you're facing workplace challenges, whether it's discrimination, wrongful termination, or unpaid wages, knowing you have a firm like Lacy Employment Law by your side can make all the difference. What stands out is their ability to navigate the complexities of employment law, turning challenging cases into triumphs. Employment law services for businesses You're dealing with a firm that believes in fairness and integrity above all else.

It's less adversarial and can lead to a quicker, more amicable resolution. We've dedicated ourselves to not only representing you in court but also to educating Pittsburgh Employment Retaliation Attorney's workforce on their rights and the legal avenues available to them. You've got several direct ways to reach out and start a conversation about your situation.



Alternative dispute resolution

  1. Employee contract disputes
  2. Workplace accommodation lawyer
  3. Employment law appeals
  4. Workplace retaliation lawyer
  5. Harassment training for employers
  6. Employment legal consulting
  7. Minimum wage disputes
  8. Employee benefits lawyer
  9. Employment law attorney
  10. Workplace grievance lawyer
  11. Professional licensure defense
  12. Age discrimination lawyer
  13. Human resources legal advice
  14. Severance negotiation services
  15. Employer liability defense
Retaliation Claim Consultations Pittsburgh Employment Retaliation Attorney
Pittsburgh Employment Retaliation Attorney Labor Law Retaliation Attorneys

Pittsburgh Employment Retaliation Attorney Labor Law Retaliation Attorneys

It's a gesture that goes beyond their call of duty, showing their commitment to empower and uplift the community they serve. We also mentor young aspiring lawyers, guiding them through the complexities of employment law with the hope that they, too, will continue this tradition of service. They're proof of our commitment to justice and our expertise in turning the tide for those who've been wronged at work. It's not just about providing legal representation; it's about empowering you with the knowledge to make sound decisions. They're also regularly featured in lists of the best employment lawyers, a testament to their peers' respect and their clients' satisfaction.
We understand that our role in the community extends beyond the courtroom or negotiation table. At the Lacy Employment Law Firm, we're not just your lawyers; we're your steadfast allies, ensuring that justice isn't just a concept, but a reality for every worker. Your story could be next. Hostile work environment attorney If you're dealing with workplace retaliation or need guidance on whistleblower laws, we've got your back, offering robust representation to ensure your voice is heard and respected.

HR compliance training


    If you're seeking representation or advice in employment law, contacting The Lacy Employment Law Firm is your first step toward finding a solution. If you're facing workplace discrimination, harassment, or wrongful termination, they've got your back. They've assembled a group of sharp, empathetic lawyers who not only excel in their legal expertise but also understand the human element of their work. They've carved a niche for themselves by not only understanding the complexities of employment law but by approaching each case with a unique blend of empathy and legal acumen. Read more about Pittsburgh Employment Retaliation Attorney here
    They delve into technology, using advanced data analytics to predict outcomes and tailor strategies that are uniquely suited to your case.

    Minimum wage disputes

    1. Non-solicitation agreements
    2. HR outsourcing legal services
    3. Hostile work environment attorney
    4. Equal pay attorney
    5. Wage and hour attorney
    6. Religious discrimination lawyer
    7. Employment contracts
    8. Workplace harassment lawyer
    9. Trade secret protection
    10. Dispute resolution lawyer
    11. Employee handbook review
    12. Non-compete agreement
    13. Employee rights lawyer
    14. Legal aid employment law
    15. Employer defense attorney
    16. HR compliance training
    17. Employer-employee mediation
    18. Employee misclassification lawyer
    Non-compete agreement Moreover, client testimonials and peer reviews play a significant role. Your support allows us to continue this vital work. They've navigated complex legal challenges, securing victories in cases that seemed insurmountable.

    Wrongful Termination Attorney Pittsburgh Employment Retaliation Attorney
    Wrongful Termination Attorney Pittsburgh Employment Retaliation Attorney

    They're always on the pulse of legal developments, ensuring they can leverage the latest laws and rulings in your favor. With a reputation bolstered by heartfelt client feedback and a track record of success, you're likely to see this firm continue to rise in prominence within the Pittsburgh Employment Retaliation Attorney legal community and beyond. Union avoidance strategies 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. That means adhering to the highest ethical standards, ensuring that confidentiality and integrity aren't just words in your firm's mission statement but principles you live by every day.

    With their support, you can challenge unfair pay practices and seek the compensation you deserve. Every client at the Lacy Employment Law Firm receives personalized attention, ensuring your unique needs are met with expertise.

    HR compliance training

    • Gender discrimination attorney
    • HR compliance training
    • Employee handbook review
    • Non-compete agreement
    • Alternative dispute resolution
    • Employment law services for businesses
    • Employer liability defense
    • Gender discrimination attorney
    • HR compliance training
    • Employee handbook review
    • Non-compete agreement
    • Alternative dispute resolution
    • Employment law services for businesses
    • Employer liability defense
    • Gender discrimination attorney
    • HR compliance training
    And let's not forget about the class-action lawsuit representing over 50 employees against a corporation for systematic underpayment.

    It's here that the firm shines, turning daunting legal battles into stories of victory. Employer liability defense Lastly, we represented a group of employees denied their rightful overtime pay. Their personalized approach means your case gets the attention it deserves, tailoring strategies that align with your specific circumstances and goals.

    The goal is to ensure you're fully informed and comfortable with the strategy devised for your case. We're here to clarify the process, demystify legal jargon, and empower you with information every step of the way. Their approach to community involvement isn't a one-off gesture; it's a core part of their identity.

    Employment Law Firm Pittsburgh Employment Retaliation Attorney

    Moreover, they're committed to empowering you with knowledge. It's crucial to act promptly and gather all relevant evidence related to your dismissal. Like Anna, you deserve a champion who fights relentlessly for your rights. Remember, you're not just fighting for back pay; you're advocating for your rights as an employee. You're not just another case to them; you're an individual who deserves respect, justice, and the best possible outcome.
    It's this client-focused approach that sets us apart and why those we've helped recommend us as the best employment lawyers in Pittsburgh Employment Retaliation Attorney for employee rights advocacy. With the foundation of a client-centered approach, navigating employment law becomes a smooth process, guided by experts at the Lacy Employment Law Firm. They've strategized against various employer defenses, know the ins and outs of employment litigation, and understand how to present your case in the most compelling way. Moreover, their track record speaks volumes.

    Employee benefits lawyer

    1. Employment law services for businesses
    2. Employer liability defense
    3. Gender discrimination attorney
    4. Union avoidance strategies
    5. Employee rights advocate
    6. Termination of employment legal services
    7. Minimum wage disputes
    8. HR compliance training
    9. Employee handbook review
    10. Non-compete agreement
    11. Alternative dispute resolution
    12. Employment law services for businesses
    13. Employer liability defense
    14. Gender discrimination attorney
    15. Union avoidance strategies
    16. Employee rights advocate

    We understand the nuances that can make or break a case. While some might argue that the legal arena is already saturated with talent, The Lacy Employment Law Firm's recent recognition as one of the best employment lawyers in Pittsburgh Employment Retaliation Attorney clearly sets them apart in a crowded field. In essence, when you turn to The Lacy Employment Law Firm, you're not just getting a lawyer; you're gaining access to a team of legal experts dedicated to championing your rights in the workplace with unmatched skill and dedication. You'll find seasoned attorneys, each bringing their unique expertise in employment law, alongside paralegals who are nothing short of meticulous in their work.
    Consulting with an employment lawyer, especially from a reputable firm like The Lacy Employment Law Firm, can dramatically change the game. Whether it's discrimination, harassment, wrongful termination, or any other employment injustice, they've got your back. They're not afraid to take on complex cases, navigating the legal system with ease to secure the best outcomes for you. The Lacy Employment Law Firm's excellence hasn't gone unnoticed, earning them numerous accolades in the field of employment law.

    Learn more about Pittsburgh Employment Retaliation Attorney here
    Employment Law Firm Pittsburgh Employment Retaliation Attorney

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

    Employees and employers

    [edit]

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

    Independent contractor

    [edit]

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

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

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

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

    Employer–worker relationship

    [edit]

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

    Labor acquisition / hiring

    [edit]

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

    Training and development

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

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

    Remuneration

    [edit]

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

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

    Employee benefits

    [edit]

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

    Organizational justice

    [edit]

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

    Workforce organizing

    [edit]

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

    Ending employment

    [edit]

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

    Wage labor

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

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

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

    Wage slavery

    [edit]

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

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

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

    Employment contract

    [edit]

    Australia

    [edit]

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

    Bangladesh

    [edit]

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

    Canada

    [edit]

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

    Germany

    [edit]

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

    India

    [edit]

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

    Pakistan

    [edit]

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

    Philippines

    [edit]

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

    Sweden

    [edit]

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

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

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

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

    United Kingdom

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

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

    United States

    [edit]
    All employees, private industries, by branches

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

    Government employment as % of total employment in EU

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

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

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

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

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

    [edit]

    Younger age workers

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

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

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

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

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

    Older age workers

    [edit]

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

    Working poor

    [edit]
    A worker in Dhaka, Bangladesh

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

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

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

    Models of the employment relationship

    [edit]

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

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

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

    Academic literature

    [edit]

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

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

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

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

    Globalization and employment relations

    [edit]

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

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

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

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

    Alternatives

    [edit]

    Subcultures

    [edit]

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

    Post-secondary education

    [edit]

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

    Social assistance

    [edit]

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

    Volunteerism

    [edit]

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

    Indentured servitude and slavery

    [edit]

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

    Self-employment

    [edit]
     

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

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

    Statistics

    [edit]

    See also

    [edit]

    Notes and references

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

    General bibliography

    [edit]
    [edit]

     

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

    Employees and employers

    [edit]

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

    Independent contractor

    [edit]

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

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

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

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

    Employer–worker relationship

    [edit]

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

    Labor acquisition / hiring

    [edit]

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

    Training and development

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

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

    Remuneration

    [edit]

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

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

    Employee benefits

    [edit]

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

    Organizational justice

    [edit]

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

    Workforce organizing

    [edit]

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

    Ending employment

    [edit]

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

    Wage labor

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

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

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

    Wage slavery

    [edit]

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

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

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

    Employment contract

    [edit]

    Australia

    [edit]

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

    Bangladesh

    [edit]

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

    Canada

    [edit]

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

    Germany

    [edit]

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

    India

    [edit]

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

    Pakistan

    [edit]

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

    Philippines

    [edit]

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

    Sweden

    [edit]

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

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

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

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

    United Kingdom

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

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

    United States

    [edit]
    All employees, private industries, by branches

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

    Government employment as % of total employment in EU

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

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

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

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

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

    [edit]

    Younger age workers

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

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

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

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

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

    Older age workers

    [edit]

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

    Working poor

    [edit]
    A worker in Dhaka, Bangladesh

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

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

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

    Models of the employment relationship

    [edit]

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

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

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

    Academic literature

    [edit]

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

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

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

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

    Globalization and employment relations

    [edit]

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

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

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

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

    Alternatives

    [edit]

    Subcultures

    [edit]

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

    Post-secondary education

    [edit]

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

    Social assistance

    [edit]

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

    Volunteerism

    [edit]

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

    Indentured servitude and slavery

    [edit]

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

    Self-employment

    [edit]
     

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

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

    Statistics

    [edit]

    See also

    [edit]

    Notes and references

    [edit]
    1. ^ a b Dakin, Stephen; Armstrong, J. Scott (1989). "Predicting job performance: A comparison of expert opinion and research findings" (PDF). International Journal of Forecasting. 5 (2): 187–94. doi:10.1016/0169-2070(89)90086-1. S2CID 14567834.
    2. ^ Archer, Richard; Borthwick, Kerry; Travers, Michelle; Ruschena, Leo (2017). WHS: A Management Guide (4th ed.). Cengage Learning Australia. pp. 30–31. ISBN 978-0-17-027079-3. Retrieved 2016-03-30. The most significant definitions are 'person conducting a business or undertaking' (PCBU). 'worker' and 'workplace'. [...] 'PCBU' is a wider ranging term than 'employer', though this will be what most people understand by it.
    3. ^ a b Robert A. Ristau (2010). Intro to Business. Cengage Learning. p. 74. ISBN 978-0-538-74066-1.
    4. ^ a b Bagley, Constance E (2017). The entrepreneur's guide to law and strategy. Cengage Learning. ISBN 978-1-285-42849-9. OCLC 953710378.
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    6. ^ Dynamex Operations West, Inc. v. Superior Court, vol. 4, April 30, 2018, p. 903, retrieved March 30, 2020
    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.
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    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.
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    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

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