Employment law is concerned with the relations between employers and their employees; the cornerstone of which is the contract of employment (Department of Criminology, 2011). The rights and responsibilities of employees derive from this contract of service and the various Acts of Parliament which lay down employment standards in addition to other rights and duties imposed by Common Law on the parties to the contract of employment, regarded as rights implied by Common Law. Considering that Parliament is an assembly of delegates of society, and that Common Law arise from decisions of Judges in courts and tribunals of society, a debate on whether a body of law concerned with the relationship between an employer and employee applies to society at large becomes pointless. This essay therefore focuses on the extent to which these laws provide mutual satisfaction for the employer, worker and society at large –providing for their aspirations, and addressing concerns in a manner that suits the composite parties’ interests. A comprehensive assessment of what each of the parties represents, their subsequent aspirations and concerns is thus requisite for an assessment of how far employment laws go in striking equilibrium in interests amongst employers, workers and society at large.
Lee (1996: 38) defines an employer as “…a legal entity that controls and directs a worker under an expressed or implied contract of employment and pays (or is obligated to pay) him/her salary or wages in compensation”. This definition focuses on the relationship between an employing entity and a natural being, and their rights and obligations as pertains to this relationship. He further describes an employee as a natural being who contributes labour and expertise to the endeavours of an employer, and is usually hired to perform specific duties packaged into a job. The definitional boundaries of “employee” are often stretched to include or exclude a variety of arrangements for instance, there is a wide variation in opinion as to whether an agency worker can be considered an employee in an implied contract as ruled in Dacas v Brook Street Bureau (UK) Ltd , and overruled in James v London Borough of Greenwich .
Inhaltsverzeichnis (Table of Contents)
- Employment Law: Balancing Interests
- Defining the Players: Employer, Employee, and Society
- Social Needs and the Role of Employment Law
- Uganda and British Legal Systems
- Contractual Provisions and Societal Impact
- Employee Protection and Social Security
- Collective Bargaining and Employee Rights
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay examines the extent to which current employment laws effectively balance the interests of employers, workers, and society at large. It explores the core principles of employment law and analyzes how these principles translate into specific legal provisions in Uganda and the United Kingdom. The essay focuses on the relationship between the law and the aspirations and concerns of each stakeholder group, assessing the degree to which these interests are harmonized.
- The impact of employment law on the relationship between employers and employees.
- The role of employment law in promoting societal interests, such as safety and security.
- The effectiveness of legal provisions in protecting employee rights and welfare.
- The role of collective bargaining in balancing employee and employer interests.
- The impact of social security provisions on the well-being of employees and society.
Zusammenfassung der Kapitel (Chapter Summaries)
The essay begins by defining the key stakeholders in the employment relationship: employers, employees, and society. It then examines the fundamental needs and interests of each group, highlighting the importance of ensuring a balanced legal framework that accommodates all parties' aspirations.
The essay delves into the historical context of employment law in Uganda, tracing its origins to British legal principles and outlining the specific legal provisions that govern labor relations in the country. It also highlights the significant role of Common Law principles in shaping the Ugandan legal system.
The essay then analyzes the legal provisions surrounding contracts of employment, focusing on how these regulations protect both employers and employees. It emphasizes the importance of written contracts in establishing clear expectations and responsibilities, thus promoting accountability and minimizing the risk of conflict.
The essay explores the ways in which employment law safeguards employee rights and welfare, particularly through the provision of social security benefits. It examines the impact of the National Social Security Fund Act, which obliges employers to contribute to a fund that provides financial support to employees upon retirement or in the event of unforeseen circumstances.
The essay concludes by analyzing the role of collective bargaining in balancing employee and employer interests. It explores the advantages of collective bargaining for both parties, highlighting its potential to promote a more equitable and harmonious workplace environment.
Schlüsselwörter (Keywords)
The essay focuses on the key concepts of employment law, including the contract of employment, employee rights, social security, collective bargaining, and the balancing of interests among employers, workers, and society. It examines specific legal provisions in Uganda and the United Kingdom, drawing on case law and legal scholarship to illustrate the principles and practical applications of employment law. The essay emphasizes the importance of a comprehensive legal framework that safeguards the rights of all stakeholders while promoting a fair and just workplace environment.
- Quote paper
- Willy Nyeko (Author), 2011, Do current Employment Laws achieve satisfactory balance between the interests of employers, workers and society at large? , Munich, GRIN Verlag, https://www.grin.com/document/190024
