International Law Report
Employee Rights in France, United States of America, Djibouti & Germany
Since the beginning of the industrialized world, employees have expressed the will to be more respected. The fight for employee’s rights started in Europe and in the United States of America with strikes, demonstrations and later legal and political procedures. This evolution of the laws resulted to more employees’ rights in the occidental countries.
Both Federal and State laws in all over the world have bestowed each employee with specific rights at the workplace. In a word, all employees have to be treated and compensated fairly at all times and should be aware about their legal rights and employment laws.
Nowadays, we can observe many employees rights differences between countries in Europe, Anglo-Saxons employment rights and African employment laws.
In this report, we mainly focus on the Employees’ Rights in some countries for these three different business cultures and areas. The first and second part of this report will be dedicated to European rights with analysis of French and German Employment rights. After this, in a third part we will take a look to American employments rights. To conclude, we will focus on Djiboutian employment rights.
Employees rights in France
Under the Regulation Rome 1, the French employment contract is governed or by the law selected by the parties or in the absence of selection the law that governed the contract is the law of the country where the employee habitually carries out his work in performance of the contract. However, if the place of performance cannot be determined because the employee performs in many countries, then the law of the country where the place of business through which the employees was engaged shall governed.
This means that in case of absence of selection, a French employee working in Amsterdam in a German company, the law applicable will be the Dutch Law. However, if the French employee performs in many countries the German law will govern.
Concerning the French employment law, it imposes some particular obligation to (foreign) employers. For instance, a German company implants the French market, to operate performance on the French market, with French employees, in that case in absence of selection; the law that governed is the French employment law and its obligation: - 35 working hours per week paid 39 hours
- Minimum wage per hour of 8,86€ gross (per month on a basis of 35hours it is 1343,80€ gross and 1055,42€ net)
- 5 paid weeks of holidays
- 11 public holidays (mainly in May)
- Strong influence of trade unions
These are example of obligation to respect when having French employees, or a firm that performs in France.
Employees rights in Germany
The general rights of employees include:
a. Basic rights, notably the freedom of occupation and freedom of contract and "positive" and "negative" freedom of association; and b. The provisions on employee protection, protection against technical hazards at work and protection against dismissal.
In addition, employees are entitled to:
a. Be properly informed about their tasks and responsibilities, and about the nature of the work activity concerned and the way in which they fit into the overall workflow; b. Be consulted in connection with establishment matters and management decisions that affect individuals; c. Make their own suggestions regarding the organization of the workplace and the workflow; d. Receive an explanation of the components of their remuneration and how it is calculated; e. Be allowed access to their personal files;
f. Put forward complaints and have them replied to and remedied, in cases where this is within their rights.
Employees can consult a member of the works council in connection with discussions of pay and access to personal files, and can also...
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