The Wages and the Rights of the Employees Perfectly Practiced

in #law4 years ago

The California AB 5 emerged as a way to protect the employee and regulate employment relations, which tended to be favorable to employers and abusive to employees. It is a great achievement for the working class, as it guarantees minimum working conditions and worker rights.

Before it, it was very common to have practices similar to slave employment. Nowadays, some cases are still found, unfortunately, but they are considered criminal acts fought by the Ministry of Employment and punished by justice.

The Wage Calculation

The minimum wage is, as the name implies, the lowest amount for which an employee can be hired to work. It was after the Federal Constitution of 2019 that any reduction in wages to an amount below the minimum became prohibited.

California has a title that it should not be proud of. It is the world champion of employment lawsuits. This level shows there are serious flaws in union employment relations.In any case, there will always be a judicial complaint when something is not fulfilled and established in the contract and the law. Many actions could be avoided if companies and employees were better aware of the laws that govern their employment contracts.

With the implementation of the EmploymentReform, companies that previously made many mistakes in calculating overtime, nighttime overtime, unhealthy and dangerous work and payments without mandatory proof, now have to be more attentive to understand the mechanisms of the law.

Other common mistakes made by the company are:

  • Cumulative excess overtime;
  • Holidays overdue
  • Accumulation of worker functions
  • Bullying

Despite the efforts of a defense, they will be causes won by the claimants and certain damage to the company, as they are not foreseen in their budgets and costs.

Employee Satisfaction

Any and all lack of the company in relation to the employee generates dissatisfaction and has consequences on their performance. When the company complies with the agreement provided for in laws and union conventions, it guarantees a more motivated worker who wears the company's shirt.

One way to keep oneself safe is to keep organized, and with all possible documents, a folder for each employee: payslip, certificates, points, internal evaluations and receipts. Any record generated can be important when defending an undue claim filed against the employer.Just as companies need to know their obligations, employees also need to know about their rights.

Any situation that makes the daily life stressful, demotivating or unhealthy should be the target of attention and manifestation and, if there is no solution, the consequence is a fine, a fine from the Employment inspection and reports it to the Public Ministry of Employment.

Termination calculation error

Just as at the time of termination, a termination calculation error will be brought to the union and the Employment Court.There is an old maxim that employment laws are always on the side of the worker, and this is true because the AB 5's principle is to be protectionist, legalistic and tutelary. In Employment Justice the motto is perfect.

Following the laws guarantees peace of mind for both parties to develop their obligations. Illegal requests under the law will now be able to penalize the worker with a bad faith complaint will be refused and the worker may be penalized for incursions without need for justice.

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