Лектор докладно проаналізувала разом з учасниками трудове право, а саме:
1. Вступ. Чому розмежування employment law та labour law має практичне значення
2. Employment Law vs Labour Law: ключова відмінність (Employment law: індивідуальні трудові правовідносини (individual employment relationship), Labour law: колективні трудові відносини (collective labour relations), Зони перетину (areas of overlap)).
3. Базова термінологія employment law (Core Terminology)
4. Припинення трудових відносин. Види звільнення (Types of Dismissal)
5. Key Takeaways. Підсумки заходу. Чому precision in legal terminology має вирішальне значення.
У рамках характеристики трудового права акцентовано на наступному:
1. Introduction. Why the distinction between employment law and labour law matters in practice
Employment law exists to correct the imbalance of power inherent in the employment relationship and to protect human dignity in the workplace .
The distinction between employment law and labour law has practical significance because it determines:
● the level of regulation (individual vs collective),
● the type of rights involved (individual vs collective),
● and the mechanisms for resolving disputes.
In practice:
● Employment law affects individual legal disputes, such as dismissal, discrimination, or contract terms.
● Labour law affects broader workforce dynamics, including trade unions, collective bargaining, and industrial action.
Therefore, understanding this distinction is essential for:
● choosing the correct legal framework,
● applying the appropriate remedies,
● and structuring legal strategies in real cases.
2. Employment Law vs Labour Law: Key distinction
Core difference
● Employment law regulates the individual employment relationship between an employer and an employee.
● Labour law governs collective labour relations, particularly relationships between employers and groups of employees (e.g., trade unions).
Main differences:
1. Level of regulation:
● Employment law → individual.
● Labour law → collective.
2. Main focus:
● Employment law → employer–employee relationship.
● Labour law → employer–union/workforce relations.
3. Key subjects:
● Employment law → contracts, dismissal, pay, discrimination.
● Labour law → trade unions, collective bargaining, strikes.
4. Nature of rights:
● Employment law → individual rights.
● Labour law → collective rights.
5. Remedies:
● Employment law → compensation, reinstatement.
● Labour law → collective agreements, industrial action.
6. Practical impact:
● Employment law → contract drafting, individual disputes.
● Labour law → workforce strategy, union negotiations.
Both fields:
● regulate relationships between employers and employees,
● may involve dispute resolution mechanisms (e.g., conciliation, tribunals),
● intersect in issues like working conditions and rights enforcement.
3. Core Terminology (Employment Law)
Key terms:
● Employee – a person who works for an employer.
● Employer – a person or organization employing workers.
● Employment relationship – the legal relationship between employer and employee.
● Contract of employment – the agreement governing employment terms.
Recruitment and employment process:
● Recruitment – hiring process.
● Job offer – proposal of employment.
● Appointment – formal assignment to a position.
● Probationary period – trial period to assess performance.
Employment status:
● Independent contractor – not an employee, works independently.
Working conditions:
● Terms and conditions of employment – overall working arrangements.
● Remuneration – payment for work.
● Salary / wages – fixed or hourly pay.
● Working hours / overtime – time worked beyond normal hours.
● Paid leave / sick leave – absence with pay.
Workplace issues:
● Discrimination – less favourable treatment based on protected characteristics.
● Harassment – unwanted conduct (including sexual harassment).
● Bullying – intimidating or harmful behaviour in the workplace.
Procedural and legal terms:
● Grievance – formal complaint by an employee.
● Disciplinary procedure – process addressing misconduct.
● Employment tribunal – body resolving employment disputes.
● Settlement agreement – agreement resolving disputes without litigation.
4. Termination of employment. Types of dismissal
Termination of employment is the act of ending someone’s job .
1. Dismissal:
Termination initiated by the employer due to:
● poor performance,
● misconduct,
● or other reasons.
2. Resignation:
Employee voluntarily leaves the job (usually with notice).
3. Retirement:
Employee leaves employment due to age or decision not to work further.
Types of dismissal (key classification):
1. Unfair dismissal.
Occurs when:
● the employer fails to provide a valid reason for dismissal.
2. Wrongful dismissal.
Occurs when:
● the employer breaches the employment contract, e.g.:
● no proper notice,
● failure to follow contractual procedures.
3. Constructive dismissal.
Occurs when:
● the employee is forced to resign due to the employer’s behaviour making continued employment impossible.
4. Redundancy dismissal.
Occurs when:
● the job becomes unnecessary, e.g. due to:
● technological changes,
● business closure,
● cost reduction.
Special forms of dismissal:
Summary dismissal:
● Immediate dismissal without notice due to a fundamental breach of contract, such as:
- theft,
- violence,
- gross misconduct .
At-will employment:
● Either party may terminate the contract at any time, for any reason, unless illegal .
5. Key Takeaways. Why precision in legal terminology matters
Employment law:
● is about protecting people,
● ensuring fairness,
● and balancing power in the workplace.
Importance of precision in legal terminology:
Precision is crucial because:
● different terms (e.g., unfair vs wrongful dismissal) have distinct legal consequences,
● incorrect terminology may lead to:
- wrong legal claims,
- inappropriate remedies,
- procedural errors.
Accurate terminology ensures:
● correct qualification of legal issues,
● effective legal communication,
● proper application of rights and remedies.