The word on employment law

Employment law is the collection of laws and rules that regulate relationships between employers and employees. Employment laws say when an employer can hire employees and when the employees can work. The laws cover what an employer must pay the employee for their work. They create minimum requirements for working conditions for employees.

Following employment law

When an employer wants to hire someone, there’s a lot they have to know. There are minimum wage laws that require the employer to pay a certain amount. There are laws that prohibit the employer from discriminating against applicants or employees based on certain characteristics. Employers must provide a safe working environment. In some cases, they must provide health insurance options. Employers must collect and submit payroll taxes on behalf of the employee.

Employers often don’t even know what they don’t know. With so many regulations to comply with, employers are often overwhelmed. U.S. labor laws have developed throughout American history. They’re not all in one place. Employers turn to lawyers to help them follow the law.

At the same time, employees want labor laws enforced. They may need help from an employment lawyer to understand what the laws are and whether their employer has violated the law. They might turn to an employment lawyer to help them enforce the law when their employer hasn’t followed it.

Major employment laws in the United States

Some of the most notable employment law in the United States includes the following:

Minimum wage laws

The Fair Labor Standards Act of 1938 sets a federal minimum wage. Many states also have minimum wage laws. States can’t make a lower minimum wage, but they can make the minimum wage higher than federal law requires. Different types of employees might have special considerations. For example, employers who have employees that earn tips may be able to rely on tips to make up some of the employee’s minimum pay.

Overtime pay

Employees have the right to overtime pay. The Fair Labor Standards Act says that an employer must pay time and half for any hours that an hourly employee works over 40 hours per week. While there’s no maximum number of hours that an employee can work in a week, the employer must pay overtime for each hour that an employee works over 40 hours in a week. There’s no right to overtime for working on a Saturday or Sunday if the employee’s total hours stay under 40. There’s also no limit to the number of days that an employee can work in a week.

Family and medical leave

The United States has no requirement for paid medical leave. However, the Family and Medical Leave Act of 1963 says that large employers must offer up to 12 weeks of unpaid family leave. An employee can use family leave after the birth of a child or after an adoption. They can use it for their own health problem or to care for a spouse, child or parent who has a serious health condition.

Collective bargaining

Employees have a right to organize collective bargaining with an employer. The Clayton Act of 1914, the National Labor Relations Act of 1935 and the Labor Management Reporting and Disclosure Act of 1959 all regulate collective bargaining. If more than 50 percent of a workforce wants to organize, a company must negotiate in good faith.

Safe working conditions

Employees have a right to safe working conditions. The Occupational Safety and Health Act of 1970 (OSHA) protects employees from foreseeable hazards at work including chemicals, extreme temperatures, noise, sanitation problems and conditions that are likely to cause injuries. Employers can’t retaliate against an employee for exercising their rights under OSHA.

Employers can’t discriminate based on protected characteristics

Employers must be careful to avoid discrimination against employees. They may not discriminate on the basis of race, color, religion, sex or national origin. The Civil Rights Act of 1964 prevents an employer from discriminating based on these qualifications in both the hiring process and when making a decision about a dismissal. There are some exceptions that employment lawyers should be aware of. For example, casting directors are able to make decisions that are consistent with their creative vision.

Employers also can’t discriminate on the basis of age. The Age Discrimination in Employment Act of 1967 says that employers can’t discriminate against older employees when it’s time to decide promotions, compensation and termination of employment. Similarly, employers can’t discriminate against people with disabilities. The employee must be able to fulfill the essential duties of the job, but they can have reasonable accommodations.

Civil rights considerations

Employees have First Amendment rights. However, employers have a right to go about their business without interference from employees. For example, in Pickering v Board of Education (1968), a school wrongfully terminated a teacher for criticizing the school board. However, in Connick v. Myers (1983), the court said that it was okay to fire a disgruntled employee for circulating a questionnaire on management practices.

Civil rights also protect an employee’s right to privacy. Employees have a right to privacy in their own handbags and even in private telephone conversations. However, there’s no right to privacy on employer-owned electronic devices.

Who practices employment law?

Employers, employees and the government all need employment lawyers. Employment lawyers work as in-house counsel, in private law firms, and for the government. Employers rely on employment attorneys to help them comply with the myriad of laws that they must follow in order to lawfully form and terminate employment relationships. Relying on employment lawyers can help employers save time and money as well as make sure that they treat their employers fairly under the law. In-house attorneys might practice employment law as part of a wider practice that meets their company’s range of legal needs.

Employees rely on employment lawyers to help them when employers don’t comply with the law. For example, when an employee needs to enforce mandatory overtime pay or bring a claim for age discrimination, they may turn to an employment lawyer. Unions rely on employment lawyers in collective bargaining negotiations.

Both employers and employees might rely on an employment lawyer to draft and negotiate a contract of employment. Each side might have their own attorney to represent them and negotiate in their interest. Employment lawyers can also work as contract lawyers to the extent that they help employers and employees negotiate contracts.

Employment lawyers also work for the government. They might work for one of the government agencies that drafts and recommends employment laws to the President and to Congress. These agencies analyze employment data and even enforce employment laws. If you work for the government, you might work in drafting, you might bring violations on behalf of the government or you might serve as an administrative hearing officer.

Because of the many regulations involved in employment law, most lawyers who specialize in this area make it a large share of their practice or their only area of practice. Most employment lawyers aren’t solo practitioners. Employment lawyers tend to gravitate towards medium-sized and large cities. Employers might use in-house attorneys or private practice attorneys to meet their needs. Employees usually look for private practice attorneys when they need an employment lawyer.

Why Become an Employment Lawyer?

For attorneys who enjoy regulation and compliance, employment law is a good choice. Employment lawyers don’t often see a courtroom. While employment disputes can go to trial, the vast majority of an employment lawyer’s duties involve advising employers in best practices and negotiating contracts. Employment lawyers might occasionally work to resolve employment disputes or negotiate bargaining agreements. Contested hearings are possible, but they’re typically an infrequent part of an employment lawyer’s duties.

Employment lawyers often set up stable, long-term practices. They might represent a single client for many years. They might practice employment law as they rise through the ranks of a company or a large law firm. Employment laws change over time. That means companies have ongoing legal needs. It also means that employees may have new disputes. Employment lawyers can rest assured that they will have work to do both today and in the future.

Following the law in the workplace

Companies of all sizes must follow employment law. They depend on employment lawyers to tell them what they need to do in order to comply with the law. In addition, employment lawyers assist clients with pursuing enforcement or a remedy when there’s a violation of the law.

Employment law refers to the set of regulations and statutes that oversee the association between employers and employees in the workplace. Moreover, this law covers regulations related to hiring and dismissal, discrimination, wage and hour ordinances, working prerequisites, and benefits. Therefore, understanding the key elements of employment law is essential for employers and workers to ensure compliance and protect their rights in the workplace.

Key Aspects of Employment Law

One of the most important aspects of employment law is the hiring process. Therefore, employers must comply with anti-discrimination regulations when hiring and not discriminate against prospects based on race, gender, religion, age, or disability. In addition, workplaces must provide factual job descriptions and prerequisites and not ask questions that could be seen as biased during the interview process.

Once an employee is recruited, employment law delivers numerous protections for employees. For instance, employees have the right to healthful and secure work surroundings, and organizations must provide adequate training and supplies to ensure this. In addition, workplaces must abide by minimum wage and hour laws and pay workers for overtime if they offer services exceeding the prescribed limit.

In addition, discrimination is another essential element of employment law. And organizations are prohibited from prejudicing employees based on gender, race, religion, age, or disability and must provide an equal and fair opportunity for all workers. If a worker experiences discrimination, they can file an official complaint with the Equal Employment Opportunity Commission (EEOC) or a similar national agency. Besides, employment law covers different areas that are as follows:

• 
  Redundancy Claims and Terms of Service:
  
  These terms of service and redundancy claims cover the provisions related to situations when an employee is dismissed for unsatisfactory performance or redundancy reasons. And in some circumstances, compensation may be open for both parties if this occurs.
• 
  Whistleblowing and Sacking Rights:
  
  If a worker raises troubles about their employer’s conduct with them, they may find it challenging to protect themselves. Nevertheless, specific laws safeguard whistleblowers from being sacked as a consequence.
• 
  Basic Provisions of Employment:
  
  Primary employment provisions are usually specified in the contract between the worker and the organization. It defines what you can expect from your employment, how much you will be remunerated and any other aspects regarding working hours or holidays.

Employment regulation also covers different benefits and leave policies. Furthermore, organizations are required to deliver certain bonuses to employees, such as health insurance.

Ultimately, employment law incorporates provisions for terminating a worker. Workplaces must follow specific guidelines when terminating an employee and not differentiate or infringe on an employee’s rights. Likewise, employers must deliver severance compensation or unemployment advantages in certain circumstances.

Protecting Workers’ Rights Under Employment Law

Employment laws safeguard employees from being unfairly treated by their supervisors or administrators. Also, these laws cover workers’ employment, including how a worker is hired and their privileges concerning the workplace.

It also deals with topics like prejudice, unjust termination, redundancy, and harassment in the workplace. Besides, employment law is constantly transforming due to new legislation being introduced. Therefore, workplaces must ensure they remain up-to-date with all facets of employment law to avoid issues when dealing with their workforce.

Furthermore, employment can be part-time, full-time, or temporary employment. Statutory rules manage worker and employer associations, such as sick pay, minimum wage, and maternity leave. In addition, organizations must ensure that they comply with the regulation about employment privileges for their workers. The rights under employment law can be categorized into several classifications, including:

• 
  Discrimination:
  
  Workers are protected from prejudice based on their religion, race, color, sex, national origin, age, disability, or other protected traits. It comprises security from retaliation, harassment, and unequal treatment in recruitment, promotions, and other terms of employment.
• 
  Wages and Hours:
  
  Workers in every organization must obtain a fair wage and appropriate working hours and rest intervals. It incorporates minimum wage regulations, overtime pay, and limitations on working excessive hours
• 
  Leave:
  
  Workers may be eligible for different types of leave, such as family and medical leave, sick leave, and military leave
• 
  Health and Security: Organizations
  
  must provide a safe working atmosphere and follow health and safety rules. Employees can register a complaint or report workplace threats without retaliation
• 
  Workplace Benefits:
  
  Workers may be entitled to health insurance, paid time off, and retirement plans
• 
  Whistleblowing:
  
  Employees have the right to report illegal or unethical activity in the workplace without retaliation
• 
  Privacy:
  
  Workers have a right to privacy in the organization, including security against excessive searches, monitoring of email and other online communications, and security of personal data
• 
  Termination:
  
  Workers have the right to a reasonable and legal termination procedure and security from unlawful termination

Additionally, employment law is created to safeguard employees, not employers, that covers fundamental rights such as the right to a documented statement of terms and conditions, paid leaves, and rest breaks. And employment in the United States implies that employees have different rights when working for an organization, which is set out in legislation. Moreover, the most important piece of employment law is the Employment Rights Act of 1996, which constitutes all the regulations related to workplace behavior.

Key Terms

• 
  Collective Bargaining:
  
  The comprehensive procedure of negotiating employment provisions between an organization and a union representing the workers
• 
  At-will Employment:
  
  A work association where the employer or the worker can discontinue the association at any time without cause or notification
• 
  Harassment:
  
  Undesirable behavior, whether oral or physical, that creates a negative or abusive work atmosphere
• 
  Overtime:
  
  Additional compensation for the job completed more than the normal work week, generally 40 hours
• 
  Discrimination:
  
  Treating a person or group differently based on protected attributes such as ethnicity, gender, disability, or age
• 
  Minimum Wage:
  
  The minimum pay workers must obtain for their work, as set by ordinance

Conclusion

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In Russia, the Employment Law is based on the Russian Labor Code adopted in February 2002. The Russian Labor Code establishes the rights of an employee and of the employer. The Employment Law applies to all types of companies, national or foreign, but also to all employees regardless their citizenship.

Our Russian lawyers can guide both employers and employees in matters related to the Labor Code.

The main employment regulations in Russia

Employment is an important aspect when starting a business in Russia, however, it is also important to note that the country relies on many industries which imply specific work regulations for certain categories of employees. This is why, while the Employment Act is the main law governing labor relations between employers and employees, there are other regulations to follow when hiring personnel in Russia.

Here are the most employment regulations available in Russia:

1. federal laws and presidential decrees which apply in certain Russian industries;

2. governmental regulations and legal acts which issued by various executive authorities;

3. regional and municipal regulations, as well as collective agreements reached between employees and employers;

4. agreements in specific industries and internal regulations and policies established at company levels.

Foreign investors who want to open companies in Russia need to consider the region they will set up their operations in when it comes to the regional employment regulations. Our Russian lawyers can guide foreign entrepreneurs interested in understanding specific employment regulations.

The applicability of the employment legislation in Russia

The Russian Labor Law applies to both local and foreign worker carrying out a paid activity in this country. Also, the Employment Law recognizes international treaties which might apply to certain conditions in the work contract of foreign employees. These international treaties refer to double taxation agreements which refer to the taxes paid by foreign employees, to international arbitration rules and even to the recognition of foreign judgements.

Also, in accordance with the international regulations on employment, the Russian Labor Code acknowledges the following types of workers:

• employees hired directly by a company;

• independent contractors;

• agency employees (workers hired through recruitment agencies).

Our attorneys in Russia can assist foreign investors interested in opening recruitment agencies in this country.

Parties in employment relations in Russia

The main parties in an employment contracts are the employee who is a natural person and the employer who can be a natural person or company. It is possible for foreign companies to hire Russian citizens through their branches and subsidiaries in Russia, but it is also allowed for these to bring employees from the country of original of the parent company. In the latter case, however, the foreign employees will need Russian work permits, while the foreign companies operating here will need to comply with the Russian Labor Code.

In the case of natural persons acting as employers, these must operate under sole proprietorships registered with the Russian Companies Register.

When it comes to employees, these must be at least 18 years old, however, individuals with ages between 14 and 18 are also entitled to work under special conditions provided that their legal representatives give their consent.

The main purpose of the Russian Labor Code

One of the most important things to consider when it comes to employment in Russia is that the Labor Code is at the core of employment relations and the regulations mentioned above are secondary to the Code.

The Russian Employment Law has the main purpose of establishing equitable relations between employers and employees, guaranteeing the freedom and protecting the rights of companies and their workers.

One of the most important provisions of the Russian Employment Law refers to minimum labor conditions which imply a minimum wage established at a national level (at regional levels, the minimum wage can be different and most of the times higher than the national one), ensuring safe working conditions for the employees granting them the necessary equipment and tools to perform their activities.

Our law firm in Russia can review employment contracts and advise companies on the most important conditions set out in the law.

The Russian employment contract

Collective agreements and trade unions in Russia

Collective agreements and trade unions remain two of the most important characteristics of the labor market in Russia especially in large industries, such as manufacturing, production, automotive and natural resources exploitation.

Most of the times, collective agreements offer enhanced protection against staff redundancy, while trade unions can be formed by at least 3 persons in order to protect and negotiate the rights of employees with the management of the company.

No matter the type of agreements signed between employers and employees, all of them must respect the provision of the Labor Code which falls under the supervision of the Ministry of Labor and Social Protection in Russia.

If you need more information on the provisions of the Employment Law, our attorneys in Russia can help you. We can also assist in employment litigation matters which can be resolved amicably.

Internal regulations in companies in Russia

One of the most important provisions of the Employment Law in Russia refers to the employment orders and internal regulations workers must comply with. According to law, all companies in Russia are required to create their own rules employees must abide by. The law provides for two types of rules: mandatory and optional ones. Mandatory regulations refer to:

• discipline at the workplace;

• payment of wages;

• protection of personal data of employees.

The last rule was implemented a few years back, in order to align with the international legislation related to the processing of personal data.

In order to be valid, the mandatory regulations must be issued and accepted by the company directors, they must be in Russian and the employees must be recognized by the employees by signature.

Termination of an employment contract in Russia

Ending a labor contract in Russia may prove difficult once the trial period has concluded. The grounds and proceedings for terminating a contract are specifically enumerated in the Labor Code.

Upon termination of employment with a notice, there are 4 types of situations for employees. These are:

• company liquidation in which the notice period is 2 months;

• redundancy where the notice period is 2 months, just like in company liquidation;

• termination during the probation period when the notice is 3 days;

• expiration of a fixed-term employment contract with a notice period of 3 days.

There are no notice periods required in other cases, however, the Labor Code provides for other conditions to be met.