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

• 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 relationship

• Identifies parties in employment relationships
• Identifies legal rights and obligations
• Ensures protection and enforcement of rights

The importance of the employment contract

• 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
• r in collective agreements

Employment contracts and other sources of law

• 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)

ILO standards

• Ghana: supply 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

Some comparative examples

• 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?

ILO perspective on issues in Myanmar