Modern Labor Law and Employment Contract Concepts
In the past, the common law tended to respect an employee’s need to be loyal and obedient, and the employer had no duty to ensure that the worker had access to economic stability and job security. However, it seems that the common law has imported the concept of an implicit duty of reciprocal trust and confidence between employers and workers, as shown by the jurisprudence of American courts. Many legal theorists contend that the common law pattern of employment law favours employers because labour unions are governed with a presumption of mistrust and the law appears to follow the interests of conservative political actors such as editors, politicians, and senior bureaucrats.Feel free to find more information at San Diego Personal Injury Law Firm.
It is also referred to as the unitary view of labour relations, in contrast to other views such as the pluralist perspective, which recognises that management and labour can and do have different and conflicting interests because employers are primarily concerned with benefit, while workers are most concerned with providing the best possible working conditions, a healthy and secure workplace. The pluralist view of labour relations is often extended to what is known as the radical view of labour relations, which is aligned with Marxist economic theory and contends that capitalism is endemically vulnerable to industrial conflict due to the exploitative existence of economic relationships in a capitalist society. Many academics, on the other hand, tend to believe that both the conservative and libertarian views of labour relations are too extreme to adequately represent fact.
The old principles of labour law are beginning to become obsolete in today’s super flexible economy, where people can and do change careers on a regular basis, there are few workplaces with traditional hours of work, and a growing number of people are working from home through the phenomenon of teleworking. Previously, the principle of labour law was that an individual would work for a single employer in a single location and for a single occupation. Workers today are more likely to work for many employers at the same time, often on a part-time or casual basis. In addition, a significant number of people now consider themselves to be self-employed. The perceived tendency of employees to demand stability in their working conditions explains these patterns. It also means that the power of technology can be used to increase productivity by allowing teleworking. Despite all of these improvements, the importance of having a formal employment contract between an employer and an employee has not been diminished.