M
minkymurph
Guest
Then we need Contract Law. I suggested at the start of this thread we begin with a discussion about Contract Law. As yet, no one has taken up the offer.Human trafficking is a crime in any civilized society and would be a crime in a Capitalistic society. No economic system exists to prevent crime. That is why a Capitalistic society depends on police to enforce objective laws and the courts to settle contract disputes…
I also see Employment Law as regulation of Contract. That said, Equality legislation doesn’t, Thus, while Equality legislation encompasses Employment Law it is rights based. Thus, I whilst I understand the comments you have made below, and I will address these comments below, I don’t see a valid argument in support of the position such law is not needed.Now as to Employment Law (shudder)
Employment is in itself a mutually beneficial contractual arrangement. It can be as simple as:…you work for me—I pay you money. The boss gets his job done and the worker get a paycheck…everyone is happy.
I wouldn’t expect you to be a big fan of unions Zolt. If I was you there is every possibility I would think the same way. But try and see things from my perspective.You know that I am not a big fan of laws or unions telling me who and how to hire and/or fire. Sooooo…
As you know I am an ardent Trade Unionist, Always have been always will be. That is who I am. The role of the trade union rep is to protect jobs. To me, that does not mean being unrealistic or dictating who an employer can hire and fire in terms of the individual.
There is much more to be gained through negotiation and in the UK, trade unionism is more about collective bargaining than industrial action. Health and Safety at work is an example. On this point management and unions should be singing from the same hymn sheet. Yes, employers/managers have budgets but they should be able to meet what is reasonable and it can be validly argued they should not compromise the safety of their employees for profit. Consider the Bhopal disaster which was a case of corporate manslaughter.
In my experience unions are less militant when they have legislation to rely on because there is no need for militancy when management and unions work together. Now we have legislation trade unionism involves collective bargaining much more than industrial action. Industrial action harms the workforce as much as the employer if not more, and should be a last resort.
In terms of firing someone unions are concerned about adherence to proper procedure for dismissal in order to prevent the employer acting arbitrarily - such as my situation - firing someone on the back of a lie because they asserted their individual rights. In terms of hiring, the objective of the union is enable individuals to access the workplace irrespective of their gender, sexual orientation, marital status or disability. It cannot be validly be argued no one would refuse to hire an individual for the reasons I have stated.
I don’t see that the law prevents employers from dismissing a lazy, poorly performing employee. Nor does it prevent and employee from working for someone else who pays them more - and nor should it. There is no law that says you cannot fire a lazy, poorly performing employee and neither should their be. They are a burden to their colleagues and keeping someone who is unemployed out of a job.Now if I find an employee who is not “working” for me (poor performance, incapable, lazy, bad attitude etc.) why should I pay him? Like wise, if an employee can be paid more for the same job by a different employer…why should he work for me?
I have represented people who in my personal view were only keeping a good employee out of a job and were nothing but a burden on their colleagues - but that is the nature of the beast. If someone is a fully paid up member of union they are entitled to representation. It’s like Criminal Defense lawyers. It’s not a reflection on what I think privately. The unfortunate fall out is if you fail to successfully defend an employee Our Lord himself couldn’t save, it’s still your fault and you colluded with management. Again - that is the nature of the beast.
It should be that simple Zolt and it it was, we would not need Employment Law. But it is not. I have represented more people who were sacked, turned down for promotion, or given a hard time by their boss and marginalized by colleagues for arbitrary reasons than lazy, poorly performing employees.It is really pretty simple. I know there are hundreds of “what ifs” . But just apply the “you work for me—I pay you money” rule and see how uncomplicated and unnecessary the Employment Law becomes.