Issues in Employment Law essay

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The political commitment to full employment is an important part of the framework within which divergent interest groups in developed market-economy countries have tried to promote economic progress with social justice. In countries with centrally planned economies, guaranteed employment is a basic principle--a right and duty of every citizen. In the developing world, steady remunerative work for all who wish it remains an elusive ideal, although the number of employed is increasing and has even reached a majority in some countries. Not so long ago, all employment was at will, unless there was a specific written document citing an employment contract or some other restriction. Under the at-will employment doctrine, either the employer or the employee could end the employment relationship without notice and for any reason or even for no reason. However, in some states the courts have held that an employee handbook or a statement by a supervisor may be construed as a contract-eroding the at-will doctrine to such an extent that employers generally cannot fire employees freely. In these states, terminated employees can sue their employers for breach of contract--with the "contract" consisting of a statement in an employee handbook or a supervisor's statement. There are ways to protect against such suits. If such a handbook does exist, employers should include a statement in it reserving their right to terminate employment freely. A similar statement should be included in employment applications. The statement should say something like this: "?mployment is at will. You may terminate your employment at any time, for any reason, with or without notice and with or without cause, and your employer may do the same. This employment relationship is neither an express nor an implied employment contract. This relationship can be changed only by a written agreement signed by the employee and the president of this company." (Keen, 2003)

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Current unemployment levels have a high social cost. ?mployment in UK, or at least prospects of it, is an important element in the individual's and family's well-being, even aside from the income derived from a job. Unemployment today has more serious consequences than in decades past. Unemployment bears particularly heavily on two age groups--the young who may never have worked and older workers who may never work again. The structural changes in unemployment need to be seen in the context of large shifts in the work force that have been occurring over a longer period. The two most significant have been the decline in the proportion of men aged 15-64 in the work force and the sharp increase in the proportion of women of the same age group. A dominant factor in the decreasing proportion of men in the labour force has been the withdrawal in large numbers of men in or just past their prime, particularly in ?uropean countries. However, what rights and obligations have employers and employees toward each other in Western Labor Market? In this paper I would like show law obligations of employees and employers in a case of Sebastian vs. Arabella and Luigi. "Francesco owns an exclusive and very popular retaurant employing three chefs, each of whom specialise in a particular culinary skill, and eight waitresses. Arabella, one of the witresses, has been absent from work due to illness for six months. She has been diagnosed as suffering from nervous exhaustion and stress. Sebastian, one of the waiters, arrived for work smelling of alcohol and slurring his speech. Francesco asked him if he was drunk. Sebastian swore at Francesco and told him to mind his own business. Francesco sacked him on the spot.Luigi, one of the chefs, has been arrested for criminal damage and assault. He is in custody pending his trial. Francesco has been advised that Luigi will probably receive a prison sentence if found guilty. Luigi is protesting his innocence.". ...

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