Employment Law, Labor Law and Knights of Labor - Essay Example

? EMPLOYMENT LAW Employment law Introduction Employment law is a body of law that makes provisions on precedents, and administrativerulings in addressing rights and restrictions in the workplace. By doing so, they enhance the relation between employers and employees. At times, trade unions come in to push for the rights of employees in cases where they seem to have been violated. All this inclusions ensure that the working environment is perfect, and employees are treated with respect. It ensures that their remuneration and additional welfare services are considered (Duddington, 2007, p. 54). Question one The basic aim of labor law in all nations is to make provisions of obligation and rights to employees and employers to ensure that the mediation between the two parties is excellent. This ensures that the relations between these parties are respected, and the contract is completed is competed in good terms. The terms also play a part in ensuring that duties are executed with proficiency because no pressure is exerted. Most of these terms are put in place by relevant bodies to ensure that the legislation is honored. Road construction companies owned by Chinese and Russians are most hit by violation of labor law. The companies win most of road construction contracts in Africa. This is because their tender is low in reference to other construction companies with the same capability. These companies accept tenders under low cost, and in return they suppress their employees. This has been reported in many nations especially in Kenya, Tanzania, and Uganda (Duddington, 2007, p. 36). It is quite undesirable to see young energetic, employees struggle from 6am to 10pm just to have a pay daily pay of $2.5. In reference to prevailing economy in the region, the sum can just be used to purchase their daily bread and transport. The families cannot afford taking their children in schools offering quality education, and this perpetuates poverty cycle. These constructs cost billion of shillings, yet they hardly play a part in developing societies’ living standards of living. Their scope is difficult, and has long working hours. Treatment is poor as well; they provide themselves with food, shelter, and clothing. The reason behind this exploitation is that these are developing nations. Therefore, the firms take advantage of the situation because of availability of cheap labor. Illiteracy level is also high which lead to many individuals willing to work under such poor conditions. This issue would be best addressed through international labor laws. They should ensure that foreign companies remunerate their workers in reference to prevailing economy as well as cost of the contract. Governments should also work hard to protect the rights of its citizen. Question two Knights of labor Knights of labor of labor are one of the significant American labor organizations in 1880s. They were founded by Terence Powderly. They targeted uplifting cultural and social workingmen, radicalism, and rejected socialisms. They also fought for six working hours and promoted the republicans who enhanced working ethics. In the beginning, it acted as a labor union where it aimed at negotiating for employees; it did not rise to recognition. After its sudden growth in early 1880s, it later lost it members and turned out being a small organization. It was very efficient in fighting for the rights of its member, and in 1986, it had over 700,000 members. At this time, its voice was material and could influence big decisions. But in the next three years, it lost all its members from poor management (Duddington, 2007, p. 115). The organization worked hard in bringing women and black employees to equality. This is one of the reasons that had participated to its growth. It was also swift in fighting for their rights by ensuring that ward was by merit. Its roots were firm in the south, which later influenced the north to acceptance in the north (Malcolm, 2008, p. 23). American federation of labor This is among the first labor unions in United States. It was founded after mergers with crafts unions that had come from knights of labor. It was formed in 1886, and its grounds grew as Knights of Labor lost strength. It was popular among industries, and created a central office which supervised other smaller offices. It pushed for strikes to ensure that the needs of the employees were met. An ideal example is the case of plumbing workers. The union was affected by the World War 1, and took time to recover. It had good governance compared to Knights of Labor. Industrial workers of the world This is an international workers organization that was founded back in 1923. It experienced an admirable growth where it had over 100,000 members in the first year. It aimed at promoting solidarity in the struggle bring about equity in employment. At the time of foundation, the gap between employers and employees was wide and this lead to poor relations and abuse. Its brief motive was a key steer to its growth. It also targeted at abolishing the existing wage policy, and pushed for favorable terms. The organization broke as a result poor management, but it had already played a big role in fighting for rights and equity (Malcolm, 2008, p. 32). In reference to capitalization, companies in the early 20th century started working in benefit of employees. This was a result of subsequent strikes and boycotts where employees rooted large properties as they pushed for their welfare. The views changed after this, and labor organizations brought up new regulations in dealing with complaints (Deborah, 2005, p. 25). Question 3 1) The six employees are covered by NLRA. This is because this it is an act put in place by the Congress. It ensures that all rights of employees are observed regardless of their economic or Trade Union membership status. 2) The five employees who left were covered by NLRA. Bird engineering violated section 8(a) (1) by firing them. The section provides that all employees have a right to attend to self-organization. Therefore, they have a right to go out for lunch or go for medication. They were discharged for activities provided by the section 7. The supervisor also violates their right to food. They were denied their right to go out and eat yet it was the right time in reference to their working schedule. 3) The employee who was fired as a result of having lunch in her car was abused. This is because she followed provisions in the terms of the contract. It was also against provisions in section 8 (a). This was because she was attending to her self-organization. 4) The appropriate remedy for this action is offering the fired employees with the early retirement benefits. It should pay for these damages, and a court should put injunctions upon the company. Question 4 1) The elections are to be ruled out. This is because they have proved to be invalid; Rust manager influenced the freedom of employees. All elections are held with the purpose of giving people’s views. In reference to the elections held in the company, the election reflected something different. It is illegal to take advantage of subordinates, and it is an offence actionable in a court of law. The best remedy is conviction. The manger should be imprisoned, and elections held once again after creation of awareness among employees. 2) Yes. The group of five and six is involved in the 95%. This is because the manager influenced their action. In the basis provided by NLRA, the elections were unfair. All employees have a right to join any organization regardless of his/her employer’s decisions. The right is not influenced by measures taken by fellow employees. It is very discouraging to discover that individuals obliged to supervise elections fairness, play part in corrupting election proceedings. Conclusion In the recent years, this has been an international concern where employees are exploited at employers’ disposal. This is against human rights, which is vividly defined under employment law. The report exposes what employers should do to ensure good terms exist between them and the employees. This relation facilitates firms’ growth and development. Employees should also be aware that they have a right to join any employment movement that is in accordance with the provisions in federal law (Deborah, 2005, 34 p. 34). References Malcolm, S., (2008). Employment law. New York: Financial Times Prentice Hall. Duddington, J., (2007). Employment Law. London: Pearson Longman. Deborah, L., (2005). Employment Law Q&A 4/e. New York: Routledge. Read More