LEEL 570 Lecture Notes - Lecture 3: Relational Contract, Critical Period, Desertion
27 Jun 2018
School
Department
Course
Professor
Employment Law
Jan 8 -10: Intro
January 8
Boundaries:
Public law and private law
Individual and collective
Productive and unproductive
Employment:
Personal is part of the work relationship
Labour and it is not separate from the person
Assumption- work that is paid is productive, work that gets the economy going, but then we lost
sight of so many other fields that are critical and that tend to evolve
Social production- work is generally not paid
Unpaid care: contribution to society, value of unpaid care put in toward the GDP
Move from economy based on production of goods increasingly into society focused on
services
How easy it is character wise when it comes to production, ex: agriculture to services
Boundaries
Paradigm of contemporary Employment Law
Walmart The Cost of Low Price
o16.21 (clip)
oRelationship between Walmart worker in Montreal, worker halfway around the world
producing under certain conditions
oWhat are our assumptions about work for pay? What if workers agree to work without
pay to help Wal-Mart?
oWhat does it mean to be an associate- is there any question that they are employees?
What if they are undocumented workers?
oIS the employment law relationship a private law relationship? A public law
relationship?
oWhat are the relationships between workers at Wal-Mart in Canada or the U/S and
workers aboard? Does it make sense to talk about working conditions here in isolation to
working conditions abroad?
oWhat might Wal-Mart workers ship at Wal-Mart? What is the relationship between
Walmart’s profits and its employees’ wages?
oDo workers at Wal-Mart have anything other than an exit option?
Think about the change in paradigm of employment, what do we see through
this model?
What workers can, should be able to agree to
Labour law vs Employment Law
Individual work relations v collective work relations
oContractual relationship, unit is not part of the equality
oLabour law loosely based on unionization
find more resources at oneclass.com
find more resources at oneclass.com
Private law vs public law
State law vs autonomous law
Non-unionized vs. unionized workplace?
Dichotomous or overlapping fields?
Law of the Workplace
In QC, pre-civil code, CCLC, way in which law that become the codified law- marshalled to frame
the relationship that might seem that they are from another era, persistent contemporary
employment law
Next class-
Three very recent examples
Please have a look at one of the three vignettes and reflect on the questions below:
oWhat is the scope of employment law?
Employment law in this case could be 2-part. On one hand you have a situation
where employees are losing their benefits, many who have families. The decision to make
these changes is being criticized on multiple levels- by employers, employees
oWhat is employment law for? Who is it for?
Who is employment law for is an interesting question. Everyone works in some
capacity either as employers or employees. It is a relationship and when things go wrong in
that relationship, it requires repairing. Sometimes it can be fixed easily, many times it can’t
be
oWhat is the role of the state? Of Courts? Of civil society
January 10 th
, 2018: History
Readings: Tim Hortons, Barbie Bratz Dolls, Tipping
Three introductory newspapers
What is the scope of employment law?
oIs Orly’s “You don’t own me book about the Barbie and Bratz dolls even about
employment law
What is employment law for?
oIs it different than Master and Servant law, as seen via Pilarcyzk
Who is employment law for?
oWhat does it mean to call this a relational contract (next class)
Tipping article
Department of Labour might think this is okay
Serious disparities in different countries
Customary is always central. This is acted upon in the state whether or not the state protects
Any decision that places the tip in the hands of the employer
Different jurisdictions- gratuity becomes something different. When did Europe decided to
include that. It is very clearly legislative action. It is part of the labour code. However, it is also the
way it is in that context
French- tips are meant to be distributed amongst the kitchen staff
Property or contract?
oHow you distinguish this over property
oThe distinction= whose business is this
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Labour and it is not separate from the person. Assumption- work that is paid is productive, work that gets the economy going, but then we lost sight of so many other fields that are critical and that tend to evolve. Unpaid care: contribution to society, value of unpaid care put in toward the gdp. Move from economy based on production of goods increasingly into society focused on services. How easy it is character wise when it comes to production, ex: agriculture to services. Walmart the cost of low price o o. Relationship between walmart worker in montreal, worker halfway around the world producing under certain conditions o. What if workers agree to work without pay to help wal-mart? o. Does it make sense to talk about working conditions here in isolation to working conditions abroad? o. What workers can, should be able to agree to. Individual work relations v collective work relations o o.
