LABOUR LAW NOTES GENERAL DOCX

Title	LABOUR LAW NOTES GENERAL
Author	Ogeka Gechanga
Pages	53
File Size	95 KB
File Type	DOCX
Total Downloads	188
Total Views	547

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LABOUR LAW – By Dennis Kiura 1.0 INTRODUCTION TO LABOUR LAW DEFINITION OF LABOUR LAW Labour Law deals with persons in capacity of workers generally in the labour law market. The relationship involves two parties at a basic level so that it can be termed as a relationship governing the employer and the employee. Definition at a basic level is that an employee contracts to render services for a reward and employer contracts to pay that reward for work done. Often an employee is referred to as a "Worker". However the term worker is not used in labour law in "Marxian" sense but in the "capitalistic" sense. Labour law is also used interchangeably with Industrial Law. They are however different in that- 1. Industrial law covers employer employee relationship more adequately. 2. Industrial law is wider in application as it involves studies like taxation, Industrial property and social security not falling within labour law. 3. Labour law is a more preferred terminology. Labour law refers to a body of legal rules which regulates the relationship between- a. an employer and a worker b. an employer and workers c. employer(s) and trade union representing workers d. employers' organization and trade unions e. the state, employers, workers, unions and employer organizations SCOPE OF LABOUR LAW Labour Law is defined in part by its subject matter and in part by intellectual tradition. Intellectual tradition is the heritage of Prof. Otto Khan Freund and the Lord Wedderburn. The subject matter of labour law consists of rules that govern employer employee relationship. A broader perspective however would see labour law as a normative framework for the existence and operation of all the institutions of labour market i.e. Business Enterprise, Trade Unions, employers' association and state in its capacity as regulator and employer. As Prof. Hepple states, "Labour law starts from the idea of subordination of individual worker to capitalist enterprise. That it is above all the law of independent labour (self employed) and it is specific to categories of economic relationships which involve exchange of personal services for remuneration. Labour law is concerned with how the relationships are constituted and regulated." Its scope accordingly extends from the individual to collective, from contract of employment to relationships between institutions of organized labour and capital and to conduct and resolutions of conficts between them. Mount Kenya University – Bachelor of Laws 3...