LLW2601
EXAM PREPARATION NOTES
1. Introduction to Individual Labour Law:
o Individual labour law focuses on the legal relationship between
employers and employees.
o It governs the rights, duties, and obligations of individual workers and
employers.
o The sources of individual labour law include legislation, case law, and
employment contracts.
2. Employment Relationship:
o An employment contract is the foundation of the employment
relationship.
o It involves an agreement between an employer and an employee for
work to be performed in exchange for remuneration.
o The contract can be written or oral and may include implied terms.
o Key elements of an employment contract include offer, acceptance,
consideration, and intention to create legal relations.
3. Rights and Obligations of Employers and Employees:
o Employers have the right to control and direct the work of employees
within legal limits.
o Employees have the right to perform their duties with reasonable care
and skill.
o Employers must provide a safe working environment and comply with
health and safety regulations.
o Employees must obey lawful instructions and act in the best interests of
the employer.
4. Termination of Employment:
o Termination can occur through resignation, dismissal, or agreement
between the parties.
o Employers must give reasonable notice of termination, or pay in lieu of
notice, unless there is just cause for immediate dismissal.
o Unfair dismissal occurs when termination is without a valid reason or
without following proper procedures.
o Constructive dismissal refers to situations where an employee is forced
to resign due to intolerable working conditions.
5. Working Conditions and Benefits:
o Working hours and overtime pay are regulated to prevent exploitation.
o Statutory leave entitlements include annual leave, sick leave, and
maternity/paternity leave.
o Minimum wage laws ensure workers receive a fair remuneration.
o Employers may provide additional benefits such as health insurance,
retirement plans, or bonuses.
6. Discrimination and Equality:
o Discrimination based on protected characteristics such as race, gender,
religion, or disability is prohibited.
o Equal pay for equal work must be ensured, regardless of gender or other
protected characteristics.
o Employers must provide reasonable accommodations for employees
with disabilities, unless it causes undue hardship.
7. Dispute Resolution:
o Disputes between employers and employees can be resolved through
internal mechanisms like grievance procedures.
o Statutory bodies such as labour courts or commissions may handle more
complex disputes.
o Alternative dispute resolution methods like mediation or arbitration offer
alternative means of resolving conflicts.
8. Collective Agreements and Individual Rights:
o Collective agreements negotiated between employers and unions may
impact individual employment contracts.
o Individual rights can be derived from collective agreements, such as
higher wages or additional benefits.
o Individual employees retain certain rights even within a collective
bargaining framework.
These notes provide a broad overview of Individual Labour Law. It's important to
consult your course materials, lecture notes, and textbooks for more detailed
information and examples.
LLW2601 FURTHER GUIDANCE AND ASSISTANCE
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