What is the Family and Medical Leave Act?

There are roughly two models of labor rights protection. One is to protect labor rights legally through national legislative intervention or regulation; the other is to rely on labor and capital to jointly participate in corporate decision-making and implement corporate autonomy and labor self-protection.

Labor rights

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There are roughly two models of labor rights protection. One is to intervene or regulate through national legislation, from

Logically, these two models are not necessarily the other way around: any country can theoretically "double-pronged", while implementing corporate autonomy while protecting certain basic rights of workers through legislation, but only if workers can already pass effective of

United States

First, the formulation of standards should be used as the basis for improving supervision and law enforcement, and the relevant standards should be strictly implemented in an authorized manner. The law clearly stipulates that the Minister of Labor is authorized to organize the establishment of occupational safety and health standards, and is responsible for monitoring the implementation of the standards. Enterprises must strictly abide by the occupational safety and health standards, thereby blocking the policies and countermeasures, Demand, flexible use of speculation.

Second, in addition to responsible for the strict implementation of standards, authorized authorities must also help and encourage states to make efforts to ensure safe and healthy working conditions, conduct scientific research and education and training in occupational safety and health, and provide necessary Information.

Third, pay attention to the applicability and operability of occupational safety and health standards and stay close to reality, so that most enterprises can meet or achieve this standard.

Fourth, these standards will continue to be refined during the implementation of the standards. Most of the effective occupational safety and health standards in the United States were formulated in the 1970s and 1980s. However, as the situation develops, some standards have been "substandard" and must be revised. Some new areas do not have standards. It must be worked out immediately.

Fifth, relevant departments severely punish people and enterprises that violate safety regulations to promote the implementation of occupational safety and health standards.

Swedish labor rights protected by law and unions

Sweden has one of the lowest incidences of labor disputes in the world. The comprehensive legal provisions and trade unions composed of workers' representatives and representing the interests of workers provide double protection for labor rights.

In Sweden, an ordinary person starts from looking for a job and entering the labor market. The Employment Promotion Law guarantees that he can enjoy various auxiliary means provided by the government, such as vocational training, so that he can find a job faster. The Equal Opportunities Act for Men and Women guarantees that job seekers of different genders will enjoy the same treatment.

For an ordinary worker working full time, the working time should occupy nearly 30% of his full time. How to make the employer provide a safe and comfortable working environment has become another focus that workers pay most attention to after the salary issue.

To this end, the Swedish government enacted the Work Environment Law as early as the 1970s, requiring employers to continuously improve the working environment of employees and improve safety and health standards with the advancement of technology and society. In addition, in addition to labor protection items provided by employers, the Swedish tax law provides that if workers individually need to purchase related labor protection supplies, such as canteens or medical staff to buy non-slip shoes for work, they can enjoy tax refund treatment.

Belgium protects employees' rights through social negotiation

The important way to adjust labor relations in Belgium is "social consultation". There are relatively complete channels of dialogue at the national, industry, and enterprise levels. Both employers and employees negotiate within the national legal framework to resolve issues of mutual concern and reach an agreement. This effective "social consultation" mechanism ensures the stability of labor relations. Of course, in terms of "social consultation", Belgium's three major trade union organizations have contributed.

Belgian "social consultation" takes place at three levels. The first level is the dialogue between national governments, employers and trade union organizations, also known as tripartite dialogue. Every two years, the state must reach a principled framework document with the social partners on major issues such as working conditions, minimum wages, and employment policies. At the same time, there is a set of mechanisms to supervise and inspect the implementation of the framework document.

The second level is within the industry, that is, the industry employers' organizations and industry unions negotiate according to labor standards and conditions determined by the government. Most of the content of the negotiations involves the issue of labor standards and conditions, and the standards and conditions reached through negotiations cannot be lower than the labor standards and conditions determined by the state. Although such an agreement is an agreement signed between employers' organizations and trade union organizations, employees who have not joined a trade union can also enjoy the benefits brought by the agreement.

The third level is to negotiate with employers within the enterprise, that is, various employee rights protection agencies including trade unions. Belgian law requires that companies with more than 100 employees must establish a "corporate management committee" and "security committee", of which 50% are employer representatives and 50% are union representatives. The committee has the right to know all the production and operation information of the enterprise and has the right to make corresponding suggestions. This creates conditions for union organizations to participate in the management and decision-making of enterprises. When labor disputes arise, consultations should be conducted first. If the negotiation fails, arbitration can be conducted in the labor court.

Japan mainly protects the legitimate rights and interests of workers by establishing a relatively complete legal and supervisory system.

Passing legislation to regulate labor relations

Japan attaches importance to regulating labor relations through legislation, so as to protect the legitimate rights and interests of workers, thereby achieving the purpose of stabilizing production and developing the economy. In September 1946, Japan promulgated the "Labor Relations Adjustment Law", the following year implemented the "Labor Standard Law", and in June 1949, the "Labor Combination Law" was promulgated and implemented, collectively known as the "Three Labor Laws", which constituted Japan's most basic legal system for regulating labor relations. The "Three Labor Laws" together with supporting laws such as the "Labor Safety and Health Law" and the "Equal Employment Opportunity Law for Men and Women" have become the basic guidelines followed by the Japanese government, enterprises and workers, and the basic basis for the Japanese government to formulate relevant labor regulations.

The "Three Laws of Labor" covers almost all content related to labor relations, such as the right of laborers to work in accordance with the law and receive remuneration; corporate employees must sign labor contracts with laborers; labor contracts must comply with legal provisions, otherwise they are considered invalid contracts Wait.

Focus on monitoring the implementation of labor laws

The Japanese government also focuses on monitoring the implementation of labor laws. There are supervisory agencies from the Ministry of Health, Labour and Welfare of the central government to all prefectures and counties. They are mainly responsible for supervising the implementation of various labor laws mainly based on the Labor Standards Law, and paying for labor conditions, labor safety and health, and labor insurance. And other supervision and guidance to ensure that the lawful rights and interests of workers are implemented.

In addition, Japan's central and local governments have labor committees. The Central Labor Committee is a state agency established in accordance with the "Labor Combination Law". Its main task is to safeguard the legitimate rights and interests of workers and ensure fair labor relations in accordance with relevant laws such as the "Three Labor Laws."

The members of the Central Labor Committee are composed of 15 experts, scholars, laborers, and employers. The responsibilities of this committee are as follows: first, the mediation and arbitration of labor disputes; second, the review of the time of improper labor behavior (mainly Refers to the re-examination of disputes that are dissatisfied with the results of the preliminary examination by the Metropolitan County Labor Committee; the third is to review the qualifications of the labor portfolio; the fourth is to promote the resolution of individual special labor relationship disputes.

Establish labor groups according to law

The Japan Federation of Labor Associations, the National Federation of Labor Associations, and the National Labor Association Liaison and Consultation Association, which have been established in accordance with the law, have branches in 47 prefectures and counties across the country. They are mainly responsible for helping workers to solve the sudden termination of employment , Non-payment of overtime pay, problems caused by physical and mental illness caused by excessive labor or abuse, and problems and disputes in labor contracts, contractual contracts, business commission contracts, etc.

In addition, Japan also has industry labor portfolios. Enterprises above a certain size also have their own labor portfolios. These labor portfolios generally negotiate with employers in the form of groups to protect the legitimate rights and interests of laborers. Both the government's labor committee and the labor group of mass organizations have hotlines and websites, which can receive consultation and help from workers at any time, and play an important role in resolving labor disputes and stabilizing labor relations.

Employment contract

France stipulates that employers must sign agreements with union organizations and sign written contracts with dispatched workers when preparing to hire dispatched workers to ensure that dispatched workers are the same as other regular employees in terms of social benefits and wages.

The Canadian government's Ministry of Finance and Labor's contract for dispatching employment should clearly specify the following: workers' medical treatment, pensions, work injury and other allowances; wage standards, and the nature of work. Labor inspection should attach importance to dispatching employment to prevent inferior working conditions. ??

Spanish law in 1995 stipulated that working hours, wages, overtime pay, and paid vacations for temporary employment would be determined through collective negotiation. This legislation facilitates the cross-regional movement of temporary workers. ??

Duration of employment

In order to protect the rights and interests of temporary employed workers and prevent companies from deliberately extending temporary employment contracts to reduce costs, many countries have imposed strict limits on the maximum duration of temporary work. ??

Salary

The United States passed the Equity for Temporary Workers Act in July 2000, which stipulates that temporary workers who have worked more than 1,000 hours in 12 months should receive the same benefits as regular employees. Prior to this, the Federal Family and Sick Leave Act required that temporary workers must have worked more than 1,250 hours in the previous year in order to enjoy the benefits enjoyed by regular workers. ??

The German government stipulates that the wages of part-time employed workers will be based on the wages of similar full-time employed workers and calculated based on the length of working hours. According to the Law on Continued Payment of Remuneration, part-time workers can apply for sickness benefits just like full-time workers. In addition, part-time workers also have the right to receive subsidies for Christmas and sickness. ??

The Dutch government stipulates that no matter what kind of employment method is adopted, as long as the positions are the same and the working hours are the same, the employees receive the same salary. No matter what kind of employees are from January 1, 1993, they are entitled to the minimum wage stipulated by law. ??

In a 2000 research report by the Ontario Department of Labor of Canada, the Canadian minimum wage was $ 6.85 per hour, while domestic workers' wages were mostly around 6.85. The Department of Labor proposes amendments to the Employment Standards Act to increase the minimum wage for domestic workers to $ 7.54 / hour, as domestic workers incur additional expenditures due to work, such as lighting, self-purchased equipment, etc .; Domestic workers who receive more than 40 hours of work per week should receive overtime pay. In addition, labor inspection should be strengthened to prevent employers from paying less than the minimum wage. ??

In addition, Belgium, Denmark, Germany, France, Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain, the United Kingdom, Austria, Finland, Norway, Sweden and other countries have stipulated that temporary employment workers are entitled to fixed employment in terms of wages, rest and vacation. Equal treatment. ??

Take a break

The Netherlands stipulates that the number of holidays for part-time employees is calculated in proportion to the total number of hours worked, and certain special holidays are treated the same as full-time employees. In addition, part-time workers who work more than 20 hours a week and work continuously for one year can also enjoy unpaid parental leave. ??

The German Federal Leave Act stipulates that part-time employed workers have the same right to apply for paid leave as full-time employed workers.

As mentioned above, Belgian, Danish, German, French and other regulations also apply to the right to rest and vacation for temporarily employed workers. ?

Social insurance

Social security regulations in the Netherlands stipulate that part-time workers can receive health insurance, unemployment benefits, sick leave compensation, disability benefits and pensions according to a certain percentage of their total working hours. The health insurance covers daily medical treatment, dental treatment, hospitalization, nursing and other services. ??

National Insurance in the UK targets all people living in the UK, including part-time and other flexible employment methods. It is a comprehensive social insurance system that includes insurance for old age, death, disability, maternity, unemployment, and work injury .

French law stipulates that part-time workers should join social insurance, pay social insurance premiums, and obtain social insurance benefits according to prescribed standards.

Work injury insurance in Germany applies to all hired workers regardless of the type of employment. ??

Vocational Training

Germany's proposed law provides that part-time workers can participate in all training that is beneficial to their careers, and the government provides childcare facilities if necessary.

French social protection measures for dispatched workers stipulate that, regardless of the size of the company, dispatched workers have the right to participate in training. ??

Labor protection

In the Netherlands, part-time workers are subject to the same probationary period (maximum period of 2 months), work environment safety rules and overtime allowances as full-time workers.

France stipulates that dispatch companies need to establish a housing guarantee fund to help dispatch workers rent houses, while establishing a consumer credit loan guarantee to provide appropriate loan guarantees for dispatch workers.

Canada emphasized that labor inspection should pay attention to contracted employment and prevent poor working conditions. ??

Termination Limit

The German "Dismissal Protection Law" has detailed provisions on the reasons for dismissal, procedures, litigation procedures, a large number of layoffs, etc. This law applies equally to full-time and part-time employees in enterprises. ??

The relevant employment protection regulations in the United Kingdom stipulate that to dismiss an employee with more than two years of continuous service, a company must have a valid reason and go through legal dismissal procedures, otherwise the employee can go to the employment arbitration office as "improper dismissal". This law also applies to part-time employed workers who have worked in the same enterprise for more than two consecutive years. The "Employment Relations Law" submitted by the government to the Parliament in January 1999 specifically stipulated a variety of flexible employment methods as follows: The "Eligibility for Representation of Misunderstanding Employment" stipulated in the previous law requires two consecutive The annual working age was changed to one year, and the two consecutive working years required in "Enjoying 40 Weeks of Extended Maternity Leave Eligibility" were changed to one year. Do not arbitrarily dismiss short-term employment workers for more than one year. ??

The United States has detailed provisions on dismissal in the Labor Adjustment and Retraining Notification Act enacted in 1988, the Civil Rights Act, and the Age Discrimination Prohibition Act, and applies to full-time and part-time employment without distinction. . ??

Dutch law also stipulates that workers who are not employed part-time or for short-term employment cannot be dismissed at will because of their employment methods, and the prohibition of inappropriate dismissal also applies to them.