WEEK 3, CH1

Question 1

What historical period is closely tied to the development of labor law?

Answer 1

The Industrial Revolution, which began around 1760 in England.

Question 2

What were common forms of labor before industrialization?

Answer 2

Involuntary labor (servitude, apprenticeships)

self-employed craftsmen in guilds with loosely regulated labor issues.

Question 3

How did the Industrial Revolution change production?

Answer 3

It enabled mass production and reduced prices.

Question 4

What was one major social impact of the Industrial Revolution?

Answer 4

Urbanization – workers moved from rural areas to cities.

Question 5

What effect did industrialization have on jobs and income distribution?

Answer 5

Machines caused job loss and widened the income gap.

Question 6

What environmental impact did the Industrial Revolution have?

Answer 6

It contributed to environmental damage.

Question 7

How did industrialization influence labor law development in Asia?

Answer 7

Colonialism introduced European legal ideas; globalization led to more flexible labor standards; post-WWII international labor law also had influence.

Question 8

What shaped labor law in Islamic countries?

Answer 8

European legal models adapted to Islamic principles, balancing secular laws with religious values.

Question 9

What global event helped trigger the creation of international labor standards?

Answer 9

World War II.

Question 10

What is the main international organization promoting labor rights?

Answer 10

The International Labor Organization (ILO)

Question 11

What are three key roles of the ILO?

Answer 11

1. Promotes and protects labor rights globally.
2. Drafts conventions to recognize worker rights.
3. Inspires national labor law reforms.

Question 12

What is the International Covenant on Economic, Social and Cultural Rights (1966)?

Answer 12

A treaty that recognizes many labor rights on an international level.

Question 13

How do ILO conventions affect national labor laws?

Answer 13

They serve as guidelines and influence the development of domestic labor laws.

Question 14

What is the European Social Charter?

Answer 14

A treaty in Europe that focuses on labor rights, inspired by ILO conventions, but its enforcement depends on each member state (no central authority making sure that every country follows it)

Question 15

What is the main purpose of labor law?

Answer 15

To protect employees from unfair treatment by employers.

Question 15

Why is enforcement of international labor law often weak?

Answer 15

Because many procedures are compromises between countries that want STRONG LEGAL POWER and those that prefer using labor rights as general GUIDELINES.

Question 16

What topics do labor laws usually cover?

Answer 16

Employment contracts
Contract duration
Minimum wage
Working conditions
Non-discrimination
Collective bargaining rights
Social security

Question 17

What makes an employment contract different from a regular contract?

Answer 17

It follows general contract law but provides extra protections and rights to the employee.

Question 18

Can a company hire workers without offering them full employee protections?

Answer 18

Yes, by hiring self-employed workers or freelancers for short-term tasks.

Question 19

What is a major risk for self-employed workers?

Answer 19

They don’t get employee protections, so they’re more vulnerable to unfair treatment or job insecurity.

Question 20

What are the four categories of labor relations under German law?

Answer 20

Employee
Employee-like person
Executive staff member
Self-employed

Question 21

What defines an Employee in German labor law?

Answer 21

Works under personal subordination
Fully integrated into employer’s organization
Receives full legal protection

Question 22

What is an Employee-like person in German labor law?

Answer 22

Not hierarchically under employer

Still economically dependent (e.g., works over 50% for one client)

Gets some legal protections, but fewer than regular employees

Question 23

What is an Executive staff member in German law?

Answer 23

Holds a managerial role

Acts more like the employer

Only partially protected by labor laws

Question 24

What is a Self-employed person under German law?

Answer 24

Works independently, not part of company structure No protection under labor law

Question 25

What is an employment contract called in common law systems?

Answer 25

A “contract of service”.

Question 26

What are the three legal tests used by courts to determine employment status? (common law)

Answer 26

Control Test Integration Test Economic Reality Test

Question 27

What does the Control Test ask?

Answer 27

Who controls the how, when, and what of the worker’s day-to-day tasks?

Question 28

What does the Integration Test look at?

Answer 28

Whether the worker is a core part of the business, or more like an outsider.

Question 29

What does the Economic Reality Test examine?

Answer 29

Who takes on the financial risk — the worker (self-employed) or the employer?

Question 30

Why is the duration of an employment contract important?

Answer 30

It helps protect employee income by setting clear expectations about how long the job will last.

Question 31

What is the employment-at-will doctrine?

Answer 31

A rule (common in the U.S.) where either the employer or employee can end the job at any time, for any reason.

Question 32

What is the lifelong employment assumption?

Answer 32

A belief (common in some countries) that a job is permanent as long as the employee performs well.

Question 33

What is the purpose of a minimum wage?

Answer 33

To ensure workers earn a basic standard of living.

Question 34

What are supporters' arguments for minimum wage?

Answer 34

Prevents worker exploitation Boosts consumer spending Encourages innovation (less need for low-value jobs) Reduces social welfare dependency

Question 35

What are opponents' arguments against minimum wage?

Answer 35

Employers may overpay for low-skill roles Prices for goods/services might rise Could lead to job losses and economic slowdown

Question 36

Does having a minimum wage always mean an employee earns enough to live on?

Answer 36

No — minimum wage doesn’t always equal a living wage.

Question 37

What is a core principle of labor law related to fairness?

Answer 37

Non-discrimination — ensuring equal treatment of workers.

Question 38

What is discrimination in the context of labor law?

Answer 38

Unequal treatment based on irrelevant traits like race, gender, etc.

Question 39

What is direct discrimination?

Answer 39

When someone is openly treated worse because of a trait like race or gender.

Question 40

What is indirect discrimination?

Answer 40

A neutral rule that unintentionally disadvantages a group

Question 41

What is positive discrimination (aka affirmative action)?

Answer 41

Favoring disadvantaged groups to promote equality

Question 42

What labor rights are recognized in most industrialized countries?

Answer 42

The right to form trade unions The right to bargain collectively The right to strike together

Question 43

Why is the right to organize important?

Answer 43

It balances power between workers and employers.

Question 44

What is the goal of social security in labor law?

Answer 44

To support workers who can't work due to illness, disability, old age, etc.

Question 45

Who provides social security benefits?

Answer 45

The state, to help workers and their families through hard times