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Week 1 Presentation Bue

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14 views22 pages

Week 1 Presentation Bue

Uploaded by

arwa mezar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Lecture 1

General Rules:

 1- knowledge and understanding

 2- Recall Questions

 3- Skills Questions
Intended learning outcomes in our lecture:

 Outline the concept and goals of labor law.

 Explore the elements of employment

contract.

 Solve employment disputes by applying

appropriate legal rules.


The students should learn at the end of this
lecture:
-labor law concepts,
-historical context,
-Sources of labor law,
-Nature of labor law, and
-Thescope of application of Egyptian
Labor Law No. 12 of 2003.
Understanding Labor Law
Overview of labor law Concepts and principles:
Definition: Labor law governs the relationship between employers and employees,
ensuring fair treatment, safety, and rights within the workplace.
Key Principles:
1- Employment Contract: legal agreements detailing the rights and duties of both parties
the employer and the employee.
2- Workers’ Rights: Protections ensuring fair wages, safe working environments, and
freedom from discrimination.
3- Termination of employment: Guidelines on lawful dismissal and required notice
periods.
5- Dispute Resolution: Mechanisms like arbitration and mediation to resolve conflicts in
the workplace.
6- Social Insurance (Pension, Illness and unemployment).
7- Global Labor Standards. (Int. labor standards set by int. organizations like ILO guide
labor laws worldwide, addressing issues such as forced labor and child labor).
8-Emerging Issues. (gig economy, remote work policies, evolving workplace rights
related to technology and diversity, whistleblowers, etc).
Why do we need labor laws?
 Protection of Rights: Safeguards workers from exploitation and unfair treatment.

 Fair Labor Standards: Establishes minimum wages, working hours, equal employment

opportunities and safety standards.

 Promoting Social Justice: Aims to reduce inequalities in the workplace.

 Stability in Labor Relations: Provides frameworks for negotiations and conflict

resolution, fostering harmonious relationships between employers and employees.

 Economic Efficiency: Ensures a productive workforce by maintaining healthy and

satisfied employees.
Historical context and evolution of labor law:
 Labor law has evolved significantly over centuries, shaped by economic,
social and political forces.

 Pre-industrial era: Labor relationships were informal and largely based on


land ownership and servitude, with minimal rights for workers. In other
words, employees were servants to their “master” employers and had
little, if any, employment rights or protection.

 Industrial revolution (18th-19th Century): The shift to industrialization


and the emergence of factories led to poor working conditions,
exploitation and the rise of early labor movements.

 Formation of labor unions: workers began organizing to demand better


wages and working conditions. The combinations of workers became more
formalized, leading to the first unions.
 Legislative changes: In the early 20th Century, worker rights expanded and
more comprehensive labor laws were enacted including those related to safety
and minimum wage.

 Post world war II Era: There was an economic growth and more protective
labor laws across many countries were established. Later with more social
justice movements, led to legislation addressing workplace discrimination.

 Global Standards: Establishment of the international labor organization (ILO)


in 1919 to promote labor rights globally.
Through our study we will examine how the legislator

aims to balance the interests of workers and employers while promoting


social justice and economic welfare.
Sources of labor law:

 Several main areas:

1- Constitutional provisions: Basic rights related to work and employment.

2- Legislation: Statutes enacted by legislative bodies (e.g., labor codes).

3- Regulatory Framework: Ministerial Decrees and regulations set by


government agencies to implement labor laws.

4-customs: Long-standing practices and norms that develop within a particular


industry or workplace. These practices can influence employment relationships.

5- Judicial Decisions: Case law that interprets and applies labor statutes.
Nature of labor law:
Protective Nature: Focuses on safeguarding the rights of the more vulnerable
party—employees.
 It outlines minimum wage, working hours, overtime pay, safe working
conditions.
 It also provide for equal opportunities, non discrimination, and protection
against harassment and exploitation.
 These protections help to ensure that workers are treated fairly and are not
subject to exploitation by their employers.
 By safeguarding workers' rights, labor law helps to promote social justice and
equality, as well as ensure that workers are not subject to unfair treatment.

Dynamic Nature: Adapts to societal, economic, and technological changes.

Intersection with Other Legal Areas.

Binding Nature
Scope of application of Egyptian labor law no. 12 for
the year 2003:
There are four laws that govern employment relationships in Egypt, namely:

- Law No.81 for the year 2016, which applies to civil servants of the State.

- Law No.203 for the year 1991governing employees working in the public

commercial sector companies.

- Finally Law No.12 for the year 2003, that aims at regulating the relationship

between employers and employees in the private sector. So it is the unified

labor law in the private sector.


 T or F: Labor disputes between private persons are governed by labor law no
12 year 2003 as an exclusive source.
Do you think labor law is the only law that governs the labor
contracts in the private sector??

 The Egyptian civil law was the law governing work contract before enacting
scattered work legislations ending up with the first unified work law in Egypt
no 91 to 1959 accordingly civil law includes some specific rules related to
the work contract as one of its nominated contract in Articles 674: 698 as
long as these rules are not contradicted either explicitly or implicitly with
the special legislation.

 In addition the Egyptian civil law represents the general law of private
dealings so in case of non-existence of suitable applicable rule in the labor
law judge will apply civil law on the dispute before him an example for this
this will be found in the general rules of conclusion of contracts.
According to article 4 of this law the next categories are excluded from its
application unless a text of law provides otherwise:

A) Public servants of the state agencies, including the local government units and the
public authorities.

B) Domestic service workers and the like.

C) The employer’s family members whom he actually supports.

:‫ال تسري أحكام هذا القانون على‬


.‫(أ) العاملين بأجهزة الدولة بما في ذلك وحدات اإلدارة المحلية والهيئات العامة‬
.‫(ب) عمال الخدمة المنزلية ومن في حكمهم‬
.‫(جـ) أفراد أسرة صاحب العمل الذين يعولهم فعال‬
.‫وذلك ما لم يرد نص على خالف ذلك‬
 Coverage:

Applies to all employers and employees within the private sector, including local and
foreign companies operating in Egypt.

 Key Provisions:

Regulates working hours, wages, termination of contracts, and occupational health and
safety.

Establishes rights related to leaves.

 Exemptions:

Certain categories, such as public sector employees or specific professions.

 Enforcement Mechanisms:

The Ministry of Manpower and Immigration oversees compliance, while labor courts
adjudicate disputes arising from labor law violations.
Conclusion:

 Labor law is essential for balancing the interests of


employers and employees, ensuring rights and protections
in the workplace.

 Understanding its principles, historical context, sources,


and specific laws like Egypt's Labor Law No. 12 of 2003 is
crucial for navigating labor relations today.
The Dispute at ABC Manufacturing Co.:
In 2022, ABC Manufacturing Co. faced a labor dispute involving its
employees.
The company had implemented changes to working hours and pay
structures without consulting the workers.
Employees reported increased workloads without corresponding wage
increases and raised concerns about unsafe working conditions in the
factory.

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