Labor law in England. Labor and social legislation of England in the XIX-XX centuries

Labor relations in the UK are based on the principle of voluntary association and on contractual obligations that are freely accepted by independent associations of employers and workers (trade unions). The role of the state is limited to (a) providing arbitration and mediation services in labor disputes if the disputing parties wish to use them, and (b) establishing bodies (wage councils) to regulate the level of minimum wages in those industries where voluntary organization is not effective enough.

Trade unions (trade unions): Almost 10 million workers are members of trade unions, of which there are just under 600. Trade unions include almost all male manual workers in large enterprises in the main industries, a significant and growing number of female workers, as well as clerical and administrative employees . A sign of belonging to a particular trade union may be the worker’s occupation or the industry in which he works.

British trade unions are independent voluntary associations of workers to protect the interests of their members and to further improve their conditions. They operate mainly by negotiating wage rates and other working conditions with employers' organizations; they also petition for and influence the adoption of appropriate legislative measures; They carry out their own self-help activities, providing some benefits and allowances (for example, benefits for the elderly, the unemployed and the disabled, educational scholarships, legal advice). Unions enjoy certain legal benefits and privileges that enable them to more effectively defend the interests of their members.

Typically, the primary organizational unit is the local department or cell. The composition of the national executive committee of most trade unions is elected at a conference attended by delegates from local departments; the conference also adopts the general line of trade union policy.

Trade Union Congress: Almost all trade unions belong to the Trades Union Congress, which occupies a central position in the British trade union movement. The Trades Union Congress participates in the International Confederation of Free Trade Unions and was one of the main initiators of its creation.

Entrepreneurs' associations: There are about 1,500 entrepreneurs' organizations. They are usually organized by industry and may be local, regional or broader in nature. Many of them belong to the British Employers' Confederation, which acts on behalf of employers on industrial relations issues.

Most employers set wage rates and other working conditions on the basis of an agreement concluded with the trade unions of the business association, but some employers - including government departments and nationalized industries - negotiate directly with the relevant trade unions.

Resolution of labor conflicts: In the event of a breakdown in labor negotiations, the disputing parties can either resort to arbitration in a manner agreed upon among themselves, or seek assistance from the Minister of Labor. The Minister, having heard the recommendations of his specialists in resolving labor conflicts, can either refer the dispute to arbitration, or - if the dispute is of great national importance - appoint a commission of inquiry or a special tribunal.

Since 1932, work time lost due to strikes and labor disputes has averaged no more than 2.5 million days per year; calculated for the entire labor force of the country, this equates to only about 1 hour per worker per year.

Human relations in industry: IN recent years More and more attention is being paid to "human relations" in industry, that is, to the relations between production managers and individual workers (as opposed to the relations between employers' organizations and workers' organizations). This led to a deeper study of all aspects of personnel management and to the formation of new departments in charge of relations with personnel. In nationalized industries, management is required to confer with workers on all matters of mutual importance (including productivity), and private industrial firms are encouraged to do so by the government, business leaders, and labor union leaders. Facilities for industrial meetings are available in major industries and probably cover about 50% of all workers.

The level of pay and the length of a normal working week, as working hours typically range between 40 and 42 hours. Average hourly earnings, including piecework, overtime and other special rates, were 8s. in April 1965. about pence for men and 4 shillings. 8.5d for women; the actual average working week was then 47.5 hours for men and 39.1 hours for women. In the nine years since January 1956, the overall level of earnings of all workers increased by 40%. In addition to the six general holidays established by law, the vast majority of workers receive two weeks' paid leave each year, and some receive three weeks' paid leave.

Once a person's employment contract is classified, the courts have specific rules for determining, beyond the statutory minimum charter of rights, what its terms are. Similar rules for inclusion terms and terms of implication exist as in a regular contract. However, in Gisda CYF on the Barratts, Lord Kerr emphasized that if it affects legal rights, the construction process is one which must be "intellectually segregated" from the general law of contract, because of the relationship of employee dependency. In this case, Mrs Barratt was informed that her employment had been terminated in a letter which she opened 3 days after his arrival. When, 3 months and 2 days after her arrival, she made an unfair dismissal claim, the employer argued that the period by which in an ordinary contract one would be bound by notice had passed when a reasonable person would have read the notice. The Supreme Court ruled that Ms Barratt had time to bring her claim because she was only bound by the notice when she actually read it. In the case of employment it was different, given the purpose of labor laws to protect the employee. From formation to termination, employment contracts must be interpreted in the context of statutory protections for dependent workers.

Each employee has the right, based on a written statement of their employment contract, which, as a rule, include workplace collective agreement, and must follow, or be better than, the minimum statutory rights.

Conditions of employment are whatever the employee is promised when work begins, as long as they do not conflict with statutory minimum rights. Additionally, the terms may be included by reasonable notice, such as by referring to the personnel manual in a written employment agreement or even in a document in the filing cabinet next to the personnel handbook. Although without express language they are considered non-binding between the union and the employer, a collective agreement can give rise to individual rights. The test applied by the courts is to freely ask whether its terms are "prone" to inclusion, rather than statements of "policy" or "aspiration". Where the words of the collective agreement are clear, the "last in first" rule was carried out in one case to potentially qualify, but in another case a clause purporting to condemn forced dismissals was held to be binding only "in honor".

In addition to statutory rights, expressly agreed terms and embedded terms, the contractual feature of an employment relationship is the series of standardized implied terms (or statutory terms) that accompany it. First and foremost, and in addition to the individualized TERMS that courts have interpreted to reflect the reasonable expectations of the parties, courts have long held that employees are owed additional and beneficial obligations, such as a safe work system, [60] and benefits wages, even if the employer does not have a job. . Reflecting more recent priorities, employers are required by the House of Lords to inform their employees about their workplace pension rights, although the lower court has stopped requiring employers to provide advice on obtaining disability benefits in the workplace. The key term implied is the duty of good faith or "mutual trust and confidence". It is a flexible concept applicable to a wide variety of circumstances giving rise to damages or injunctions. Examples include requiring employers not to act authoritarianly, not to name employees behind their backs, not to treat employees unequally when raising wages, not to run the company as a front for international crime, or to be discreet in order to multiply a bonus. There was disagreement between the judges as to the extent to which the core implied term of mutual trust and confidence could be "inferred from the contract", and the House of Lords held that the parties may, when they are "free" to do so, while others approach the issue as one of the construction of an agreement that is within the exclusive jurisdiction of the court to determine.

The second and older hallmark of an employment contract is that employees are required to follow the instructions of their employers while working, unless this is contrary to the law or their agreed terms. Every employment relationship leaves the employer with a discretionary balance, historically expressed as a master-servant relationship. Today, in practice, this leaves the employer the opportunity to change the way things are done to suit the needs of the business. The courts have allowed this to continue as long as it does not conflict with the urgent terms of the contract, which always require the employee's consent or a renegotiation of the collective agreement. The status of "flexibility clauses", which suggest that employers have discretion to vary any contractual term, is disputed as it will often allow for the abuse of power that the common law controls. The limits to the courts' tolerance of such practices are clear where they relate to access to justice procedures or potentially where they would conflict with the duty of mutual trust and confidence.

Employees in the UK have certain rights and protections in employment law, including the right to make a complaint to their employer out of court and the right not to be unfairly dismissed. A complaint can relate to any problem, any issue that the employee can discuss with the employer, and can relate to various aspects of work.

From the moment an employee makes a complaint, the employer is required to conduct an internal investigation and also meet with the employee to discuss the issue in more detail. The employer must then communicate its decision regarding the complaint, including, if appropriate, details of the steps it intends to take to resolve the matter. If an employee is not satisfied with the outcome of his complaint, he can appeal the employer’s decision in writing.

Not long ago, a case was reviewed in which it turned out that the employee’s complaint was not properly considered. Svetlana Lokhova filed a claim of gender discrimination against her former employer, the London office of one of the largest Russian banks.

Ms Lokhova won her claim at the Employment Tribunal after the Tribunal heard that her former colleagues had called her crazy, a cocaine addict and other unflattering names. The Tribunal also found that Ms Lokhova's immediate supervisor should have been dismissed by the bank for gross misconduct because he made insulting and derogatory personal comments behind her back.

The employment tribunal also found that the head of the London office failed to resolve an internal labor dispute and did not properly investigate Ms Lokhova's complaints. In its decision, the Tribunal found that the deplorable inaction of the head of the London office was detrimental to the claimant and amounted to harassment. The Tribunal considered that the head of the office should have suspended Ms Lokhova's immediate supervisor and ensure that he was subject to appropriate disciplinary action.

The former Cambridge graduate said at the time that she was left "abjectly devastated" by the campaign the defendants had waged against her, and that she had endured six months of bullying at work and that it had deeply affected every aspect of her life.

In well-paid industries such as finance, law or medicine, the amount awarded by the Employment Tribunal in discrimination cases or whistleblowing cases can be huge because, unlike unfair dismissal cases, there is no cap on compensation , which can be received by the employee.

In her compensation claim, Ms Lokhova claimed millions of pounds, citing loss of earnings, mental and health damages as a result of the discrimination. This case seems to be a case of senior management choosing to take the position of an ostrich with its head in the sand, and this is a fairly common situation. Formally, employers have rules governing the procedure for considering employee complaints, however, these rules often gather dust in desk drawers or on a shelf and are not used by managers, who are required to use them when considering labor disputes in pre-trial proceedings. If Ms Lokhova's complaints had been properly addressed by the bank, the bank could have avoided criticism from the Employment Tribunal. Another option to protect your rights is to file a claim for unfair dismissal.

Ms Lokhova did not make a claim for unfair dismissal, but she would have been able to do so if she had worked for the bank for at least two years and if the bank could not prove that the reason for her dismissal was potentially fair and that the bank acted reasonable in all the circumstances.

Potentially just reasons for dismissal include the employee's conduct, compliance job responsibilities or current position, staff reduction, violation of law or “other significant reason.”

If the employee believes that there was no just cause for dismissal and/or that the dismissal process was not followed, a claim for unfair dismissal must be brought to the Employment Tribunal within three months of the date of dismissal (although additional time will be added for early conciliation proceedings, conducted by a structure called ACAS).

If the Employment Tribunal finds that the employee has been unfairly dismissed, it may order the employer to reinstate the employee, or provide him with another position comparable to the one previously held, or - most often this is what happens - pay monetary compensation to the employee.

The level of compensation is determined by the Employment Tribunal, which takes into account any financial loss arising from the dismissal, up to a statutory maximum (from April 2015 £78,335) or 52 weeks of the employee's gross salary. This amount may include the employee's lost earnings while he or she is looking for a new job; loss of various benefits and preferences, including pensions; any costs associated with the search new job; and any difference in pay and benefits after the employee starts a new job.

Employees regularly employed abroad may be able to bring a claim for unfair dismissal in exceptional circumstances, for example where there is a significant connection with UK employment law. However, the circumstances of each case depend on the specific facts.

Noel Deans and Alice Boucett are members of the Employment Litigation team at Bivonas Law (

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Legislation for the protection of workers initially arose in England (the "workshop of the world"). Already in 1802, the English Parliament passed a law (the “Apprentices' Health and Morals Act,” which was carried out by large manufacturer Robert Peel), which was the first manifestation of the regulatory role of the state.

This law prohibited night work of children in spinning factories (from 8.5 pm to 5.5 am) and limited their working day to 12 hours a day, including time for compulsory, at the expense of the manufacturers, teaching children to read and write.

In 1833, by law in the textile industry, the working day for minors (under 13 years old) was reduced to 9 hours; for teenagers (from 13 to 16 years old), the previous 12-hour working day remained; minors had to attend school for at least 2 hours, tuition fees were deducted from their earnings. The law established the institution of factory inspectors, who enjoy the right to enter factories at any time and initiate prosecution for all violations of factory legislation, punishable exclusively in court, with fairly large monetary penalties (fines) - prosecution in the usual manner as accusers and witnesses before a magistrate, or to judge ourselves

personally, the last right of inspectors was abolished in 1844.

Stubborn opposition to the 1833 law by factory owners, who predicted the death of domestic industry in favor of foreign competition, initially led to the expulsion of minors from textile factories. the number of minors has been reduced by half; factory owners preferred not to keep minors at all rather than comply with the new, seemingly complex and terribly expensive, rules of the law.

In 1847, a law established a 10-hour workday (from 6 a.m. to 6 p.m.) for women and children in the textile industry.

This industry was dominated by female and child labor; out of 545 thousand workers in the industry, 364 thousand were teenagers and women in 1847.

Subsequent laws of the 1860s and 1870s extended all the rules of the existing factory laws to other industries. But these laws limiting the working hours of women and adolescents did not apply to adult male workers, because it was believed that “adult men can take care of themselves,” and can ensure their interests on their own without government intervention. However, under pressure from workers' unions, the legal restriction in practice led to a general reduction in working hours for all workers, but this was achieved by agreement within the enterprise, not by law.

Since 1878, the "Factory Workshops Act" was in force. formed from the merger of numerous acts that preceded it, regulating not only the work of children (minors from 12 years old, teenagers from 14 years old) and women, but also working conditions for all workers in terms of industrial safety ( sanitary rules on the design, ventilation, maintenance of work premises, rules for protecting workers from accidents). The accumulation of new laws led to the publication of a new "Factory and Workshop Act" of 1901.

According to this act, in all factories and workshops, the work of minors under 12 years of age was not allowed; from the age of 14, minors become teenagers; from the age of 18, male workers are released from the law and inspection control, while the work of women is subject to with few exceptions, the same rules as the work of teenagers. Minors under 16 years of age must undergo a medical examination and cannot enter the factory without providing evidence of their ability, due to their state of health, to perform the work for which they intend to be hired.

The working day for women and adolescents is 10 hours in the textile industry and 10.5 hours in other industries; on Saturday the working day is reduced by half. For women and adolescents, the working week in the textile industry is no more than 55 1/2 hours, in other enterprises - 60 hours. Night work between 9 pm and 6 am for minors and women is absolutely prohibited. The Minister of the Interior has the right to declare a particular production hazardous to health and issue special safety regulations for such productions.

As a result of the general strike in the mining industry in 1912, parliament established by law an 8-hour working day for all workers (including men) in the mining industry and a minimum wage.

The reduction in working time was interpreted as arising from the exceptional conditions of existence of this group of workers; the 8-hour working day was not extended to other categories of workers

The law of 1837, with significant changes in 1896, prohibited the payment of earnings in any kind of item instead of cash. The law strictly regulated deductions from a worker's salary (fines). The law did not set a numerical limit for deductions, but required that the amount of penalties be accurately indicated and correspond to the offense (damage to materials, careless work).

The law paid great attention to workers' unions and conflict management. In 1799, Parliament by law prohibited societies and workers' unions aimed at achieving higher wages and shorter working hours.

Violation of the law entailed criminal penalties (3 months in prison), which were imposed by a single judge, without the participation of a jury. This prohibition led to the formation of many secret societies that resorted to threats and violence, which did not ensure peace and order.

In 1824, parliament recognized the right of workers to freely form unions, which aimed to increase wages and reduce working hours. The law prohibited agitation and inducement of other workers to participate in the strike. The societies (trade unions) only tolerated it, but they did not enjoy the protection of the law. The courts prosecuted the participants in the strikes (under the common law doctrine of “restraint of trade”).

The laws "on workers' unions" of 1871 and 1876 recognized the right of legal existence for workers' unions. Workers' unions unite workers of the same or related professions to improve their work, direct their activities towards material support for their members who have joined a strike or are looking for work, and provide assistance in case of illness, accidents, or inability to work due to old age. All entrance and time-based fees form a fund from which benefits are issued according to need and availability of funds. Unions can be registered, their charter is registered and they receive the rights of a legal entity, the right to own real estate, and exemption from income tax and insurance benefits. Unions are required to send annual financial statements to the Registrar General

In 1900 in England there were 1272 workers' unions with 1 million 905 thousand members, of which only 690 were registered, but the largest ones, with 1 million 499 thousand members. Of the four industrial workers, one was a member of some union.

The 1875 law “On Conspiracies and Protection of Property” recognized the impunity of strikes when they are not accompanied by violence. According to the law on labor conflicts of 1906, incitement to strikes, organizing picketing (to prevent non-members of the union from continuing to work), as well as strikes at important enterprises (gas and water supply of cities) were declared a criminal and socially punishable act.

Until 1880, a worker injured in an industrial accident could sue his employer only if he could prove that the injury was the fault of the employer. At the end of the 19th - beginning of the 20th centuries (1880, 1897, 1900, 1906), laws were adopted on remuneration for victims of accidents: a worker - temporarily or permanently incapacitated due to an accident during the performance of his official duties duties or as a result of an occupational disease - must receive funds from the entrepreneur, regardless of whether the accident was the result of the entrepreneur's negligence.

In 1908, the law provided for the issuance of old-age pensions at the expense of the state (without preliminary contributions from workers) to old people,

who have reached 70 years of age.

In 1911, the law established compulsory and pre-payment insurance for sickness and unemployment (in 4 sectors of the economy: construction, engineering, shipbuilding and carriage building). Contributions are made by entrepreneurs, workers and the state.

Story labor and social legislation Germany

In Germany, the imperial government tried to combine the persecution of socialists (a law against socialists from 1878 to 1890, which prohibited the activities of the Social Democratic Party of Germany) with the implementation of social reforms in favor of workers in order to improve their financial situation.

Liberals XVIII - early XIX centuries, the state was thought of as a “night watchman state,” a “minimal state,” whose sole purpose was to protect the rule of law, which consisted of political freedoms and property rights of owners.

In conservative Germany, a broader idea of ​​the state developed as a “social monarchy” that was supposed to take care of the socio-economic rights of citizens. A state of universal social security began to take shape. German Chancellor O. von Bismarck wrote: “The activity of state bodies is the only means of neutralizing the socialist movement. We ourselves must do what in the socialists’ program looks justified and feasible within the framework of the existing state and social structure.”

In 1869, upon the formation of the North German Confederation, a general industrial charter was adopted, which with the formation of the German Empire in 1871-1873. extended to other German states. The law of 1891 introduced changes to the charter.

According to this charter, minors under 13 years of age are allowed to work in industrial enterprises were not allowed, and over the age of 13 they were allowed only if they were no longer required to attend school. From 13 to 14 years old, minors could work no more than 6 hours, and teenagers under 16 years old - no more than 10 hours a day; for women over 16 years old, work was allowed up to 11 hours a day, on Saturdays and on the eve of holidays - no more than 10 hours.

The work of adult men was not limited at all and its duration was left to the agreement of employers and workers, but the law gave the union council the right to determine the duration of work in those industries where excessively long work was recognized as harmful to the health of workers. For example, in bakeries, shifts should be no more than 12 hours. There were about 65 total non-working days in Germany.

The Industrial Charter of 1869 contained general requirements to safety precautions. The Federal Council (Bundesrat) had the right to issue detailed safety regulations at enterprises in certain industries.

For example, in 1888, the Bundesrat issued a decree on safety precautions in cigar factories. The charter also regulated the most important terms of the employment contract, the procedure for dismissing workers, and noted that wages should be paid exclusively in cash.

In 1867, the North German Reichstag passed a law on the freedom of activity of workers' unions. The Industrial Charter of 1869 abolished criminal penalties for participation in strikes, but established rules for the protection of persons wishing to work and a ban on picketing.

The Reichstag in the 80s of the 19th century passed laws (the law on sickness funds of 1883, the law of 1884 on accident insurance, the law of 1889 on old-age and disability insurance) establishing compulsory insurance in case of illness, in case accidents at work and in case of inability to work. In case of disease insurance, 2/3 of the contributions were borne by workers, and 1/3 by employers, against accidents occurring in connection with professional work, only entrepreneurs insured; upon reaching 70 years of age or losing the ability to work, a pension was issued from a fund made up of various contributions by entrepreneurs and workers with an additional payment from the treasury.

History of labor and social legislation in France

Labor legislation France was less developed than England and Germany. The law of 1841 prohibited the work of children under 9 years of age and the night work of children under 13 years of age in industrial enterprises. An 8-hour working day was established for children under 12 years of age. In 1848, a 12-hour workday was established for all industrial workers. But until 1874 these laws remained a dead letter, for it was only by the law of 1874 that a factory inspectorate was established, which was supposed to supervise the use of labor laws. Labor inspectors were appointed by the Ministry of Labor and mainly compiled reports on general condition safety precautions.

In 1892, a law was passed on the work of minors, teenagers and women in industrial enterprises: children under 13 years of age (previously 12 years old) were not allowed to work in industrial enterprises, the work of minors under 16 years of age was limited to 10 hours, the work of teenagers from 16 under 18 years of age and women - 11 hours a day between 5 a.m. and 9 p.m. Night work for children and women (from 9 pm to 5 am) was prohibited.

The 1900 law limited the working day to 10 hours and also extended its effect to adult men working in premises where women and children worked. In 1893, a law was passed on the design and maintenance of industrial establishments in relation to hygiene and work safety.

According to the 1898 Accident Law, the treatment of the victim was paid from the date of the accident until recovery by the enterprise where the victim worked. The negligence of a worker does not deprive him of his remuneration, but gives the court the right to reduce it. For the entire period of the victim’s incapacity, the entrepreneur paid him up to 2/3 of his earnings (two thirds - in case of complete permanent disability). The Le Chapelier Law of 1791 prohibited associations of workers and strikes. In 1864, under Napoleon III, strikes and the creation of workers' unions were allowed.