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Human Rights  » Labor Law Protects Employer and Employee in Case of a Wrongdoing

Labor Law Protects Employer and Employee in Case of a Wrongdoing

Labor law is also known as employment law in some parts of the

world. These terms can be used interchangeably as they are used

to refer to the same thing. Labor law is a broad category that

encompasses all area of employer/employee relations. Labor law

also includes the negotiation processes and collective

bargaining. The purpose of labor law is to protect the employer

and the employee in the case of a wrongdoing.

The present day labor law dates back to the 1930's. The 1930's

have been called the New Deal era. It was during this time that

Congress acted to raise minimum wage there was reconsideration

of the labor laws that were affecting both private and public

sector employees. There have been no major new laws that have

been passed over the last few decades.

Early Labor Laws

Some of the early labor laws included the following:

The Clayton Act:

The Act stated, "The labor of a human being is not commodity or

article of commerce," and provided further that nothing

contained in The Federal antitrust laws: shall be construed to

forbid the existence and operation of labor... organizations...

nor shall such organizations, or the Members thereof, be held or

construed to be illegal combinations or Conspiracies in

restraint of trade under the anti-trust laws.

The Railway Act:

This Act was passed in 1926. It required those employers to

bargain collectively and prohibiting discrimination against

unions. It applied originally to interstate railroads and their

related undertakings. It was amended in 1936 to include

airlines.

Acts forbidden under the labor law

1) Dominating or otherwise interfering with formation of a labor

union, including the provision of any financial or other support.

2) Interfering with or restraining employees engaged in the

exercise of their rights to organize and bargain collectively.

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3) Imposing any special conditions of employment, which tended

either to encourage or discourage union membership. The law

stated, however, that this provision should be construed to

prohibit union contracts requiring union membership as a

condition of employment in a company -- a provision that, in

effect, permitted the closed and union shops. (In the former,

only pre-existing members of the union could be hired, in the

latter. new employees were required to join the union.)

4) Discharging or discriminating against an employee because he

had given testimony or filed charges under the Act.

5) Refusing to bargain collectively with unions representing a

Company's employees

About the author:

James Hunt has spent 15 years as a professional writer and

researcher covering stories that cover a whole spectrum of

interest. Read more at www.labor-law-central.in

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