LECTURE 3 - labor law Flashcards
(13 cards)
Labor law (definition)
Labor law is a set of diverse norms regulating the relationship between the workers, employing entities, trade unions and the government
Why labor law? (4)
- Reduces the unequal bargaining power between the employee and employer
- Protects the employee from abuse
- Allows employer to plan and control employee
- Advantages and limits are experienced as employee, employer, manager business owner
Sources of the labor law (7)
- Interntional treaties and agreements
- EU Directives
- Member State’s laws
- Case law
- Collective labor agreements
- UN International Convenant on Economic, Social and Cultural Rights (ICESCR)
- European Social Charter
Aspects of labor law (8)
- Freedom of employmen
- Nature of the contract
- Lenght of the contract and termination
- Minimum wage
- Labor conditions
- Non-discrimination
- Right to organize and collective bargaining
- Social security
Civil law contract
Usually made for a task, is limited in time and does not provide special rights. The control is focused on result rather than performance
Employment contract
Usually made for a function, longer and more stable, and provides additional benefits/guarantees to the worker. Employer exercises control over daily activities of the employees.
Criteria for employment contract (3)
- One of the parties is an individual
- The contract is made for long or undefined time
- The contract is made to fulfil a certain function
Tests to qualify the employment contract (3)
- Control test
- Integration test
- Economic reality test
Dutch Tax Authority test (7)
- Duration of the agreement (longer -> e)
- Scope of the work (more hours -> e)
- Nature of the work (core activities -> e)
- Level of payment ( below average -> e)
- Organizational integration (integrated -> e)
- Liability of contracter (not liable for damages -> e)
- Execution of work (controlled by -> e)
Discrimination (definition)
The unequal treatment in similar cases based on irrelevant factors
Direct discrimination (definition)
Explicit disadvantage based on irrelevant factors
Indirect discrimination (definition)
Implicit disadvantage based on irrelevant factors
Positive discrimination (definition)
Advantaging someone who is generally disadvantaged due to an irrelevant factor
