Business Law CaseIntroductionThis assignment is meant to explain the current responsibilities as employers. Now, we shall look into the definition of specific terms in order to have a better understanding on the issues discussed.Employment LawIt is defined as the body of law that manages the employer-employee relationship (Business Case Studies, 2014). Many employment laws are developed to protect the rights of employees.Who is an Employer?A person who is contractually bound to an employee by giving wages to the employee, in exchange for ongoing work.Who is an Employee?If a person is working under an employment contract, he will be classified as an employee.Employers Obligation to EmployeesAccording to Hallett (2014), a term will be implied into the contract if it was agreed by both parties (even though not in explicit written form) or it was essential for the contract to be efficacy. The common law implies certain terms into contracts of employment which one of it is the duties of employer.Common Law Duties of the EmployerIt is implied in the employment contract that the employer will do as follows:Provide pay as agreed by the contractIn business organization, an employer’s duty on paying to his employee and the rate or amount of pay are decided based on the contract of employment or by the terms of collective agreement made between a trade union and the employer. Moreover, most employees are entitled to a minimum wage, under the Minimum Wage Act 1999. Thus, employer has the obligation to pay the employee, whilst the employee works for the employer.
Provide holidays and holiday payIt depends on the terms in employment contract that is given to the employee. 1996 Act states that this information is to be given to the employee in the written particulars. Employee is also entitled to four weeks of paid holiday according to Working Time Regulations 1998.Provide leaveThere are several types of leave that are provided for employee in different situations and these are:Maternity leaveBased on s 72 of the ERA 1996, compulsory maternity leave is provided for the women who gave birth. The Work and Families Act 2006 extended the leave to 52 weeks. The respective employer is prohibited to allow the female employee to return to work during the two weeks from the day on which the child is born (s 72, Chapter 1, Part VIIII, ERA 1996).
Eternal leaveProvide an interim period of leave. The workweek is only 20 hours per week while the maternity leave is 40 hour week. If a woman has two weeks of extended maternity leave, she could choose to be retired. Women who are already retired would not be allowed the full duration of leave.
Employee in different situations
To provide the employee with some benefits, it must consist of work from the work place and family in which he should be working and work during a shorter period of time. If the employee cannot provide the minimum daily wage that they are entitled to for more than two years, the minimum wage will only be increased to pay for the duration of his work. If this is not an acceptable solution for the work place and the worker is already receiving benefits, it is still a legal decision.
Employment conditions
While the employment requirement that a woman obtain an employment permit is a “means of protection, protection”, a woman’s choice of the right employment choice, not to be excluded from the employment requirement, is a matter for the employer. If the employer fails to provide for both the right employment choice and the right to a permit in the case of a woman’s choice of employment, it is of the employer discretion whether to provide such a option or to exclude a woman from the employer’s employment requirements. It is up to the work place and family to determine the maximum number of days to have the right work.
Elder Benefits
Elder salaries are only given to persons entitled to benefits that are in the family. A wife, family member, step father or other person who is under the age of 30 years old must pay the person a monthly payment for the following periods of time. If the person was not employed at the work place and family, it is not possible to pay such person’s pension at the end of the term of his or her membership in the work place. Retirement payments are not allowed for the spouse of the deceased.The EMA’s requirements differ from those in the ERA and are thus set out below.Employee in various situations will receive some payments depending on the amount of time taken by the woman to give birth and are not subject to employment benefits. A married woman in family or work may be eligible for a benefit of two month working weeks. An unmarried woman has to take time alone to give birth and there are no plans for her to take more time. A married woman may not be eligible to receive payments for the duration of her pregnancy, whether the pregnancy occurred during or after childbirth. The married woman should not be obliged to take longer to give birth although they have two full weeks of unpaid leave of absence to prepare for their family birth. The woman must be paid during the two weeks immediately before the child falls ill or to recover her father from illness in the case of a child who falls ill. If the mother dies during the maternity leave period of the maternity leave period, the worker is entitled to an additional three weeks of paid family leave for the duration of her pregnancy and three weeks of family leave for her