1Developmentofemploymentlaw2Employmentrelationship3.ppt

1 Development of employment law 2 Employment relationship 3 Employer’s liability 4 Termination 5 Unfair wrongful dismissal 6 Discrimination 7 Employee welfare legislation 8 Collective bargaining;1 Development of employment law (1) Master servant relationship: before 19th century (2) Terms implied by courts (3) Legislation for minimum working condition standards (4) Law of collective bargaining;2 Employment relationship Agency v employment;Independent contractor v employment ;◇Statutory intervention in employment: written particulars Employer must give written particulars of terms of his contract in 2 months of commencement of employment, indicating: lName lDate of commencement lContinuos counting of previous employment, if any lRate of pay and calculation method lTerms conditions covering working hour, holidays, sick pay and pension scheme lNotice period for early termination lJob title lDisciplinary rules lIts status in state pension scheme ;◇ Implied terms of the courts (1) Employer’s duty * Pay the amount as agreed * Treat employees with trust and respect * Meet safety requirement * Give employee time off for public duties * Indemnify employees for expenses incurred in work ;(2) Employee’s duty * Be ready and willing to work * Use reasonable care and skill * Obey lawful orders * Look after employer’s property * Act in good faith ;Sector ;3 Employer’s liability Contractual liability Tort liability Illustration: A is employed Henry’s Diary to drive milk truck. While proceeding on his appointed rounds, he negligently collides with another car. He has committed a tort in the course of employment. The victim may sue both A and Henry’s Diary. ;Sweatshop v worker’s safety;Sun Wenliu：badly beaten due to resignation，spending 6 months for crawling home from Henan to Shandong. Only 44,look like 60’s！ ;4 Termination 4.1 Notice of termination (1) Reasonable notice: 3-6 months, or 1 year (2) Payment in lieu of notice period 4.2 Dismissal without notice (1) Grounds * Misco