Employment contracts: Comparative and International Perspectives - PowerPoint PPT Presentation

Employment contracts: Comparative and International Perspectives Second Stakeholders Forum on Labour Law Reform and Institutional Capacity Building Yangon, September 2016 Colin Fenwick Head, Labour Law and Reform Unit fenwick@ilo.org

The importance of the employment relationship • Employment relationships developed over time together with: • Economic and production systems; and • In developed countries, welfare states • All legal systems distinguish between workers in employment relationships and independent workers • Employment relationships are critical for: • Managing long term work relationships in a balanced way • Ensuring access to basic labour protections

The importance of the employment contract • Identifies parties in employment relationships • Identifies legal rights and obligations • Ensures protection and enforcement of rights

Employment contracts and other sources of law • The employment contract is the starting point in common law systems • Obligations in statutes are separate, and apply to workers with employment contracts • Obligations in collective agreements are separate, and apply to workers with employment contracts • Contracts must not go below standards in statutes or in collective agreements

ILO standards • The Employment Relationship Recommendation, 2006 (No. 198) • National policies to ensure protection for those in employment relationships (Art 1) • Provide measures to combat disguised employment and provide access to dispute settlement (Art 4) • Possible criteria to determine which workers are in an employment relationship (Art 13)

Some comparative examples • Ghana: s upply within two months a written statement of the particulars of the main terms • Labour Act 2003, Section 13 and Schedule 1 • Malaysia: contracts beyond a certain duration to be in writing, and to include provision for termination • Employment Act 1955, Section 10 • Australia: no obligation for contract to be in writing, and no obligation to inform – but minimum standards apply automatically

ILO perspective on issues in Myanmar • Simplicity • What is to be negotiated? • Should the content of other laws be specified? • Legal clarity • What is the legal effect? • Is it clear that contracts cannot undercut other laws? • Regulatory efficiency: will it help or hinder?