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UNITED STATES OF AMERICA - 40 million people in sub- job below the poverty line
For many low-income workers, calling in sick is a luxury
UNITED STATES OF AMERICA
UNITED STATES OF AMERICA
NEW YORK (AP) — For Shannon Henderson, getting a cold or flu could be the difference between putting food on the table and going hungry.
As a part-time customer service representative at a Wal-Mart in Sacramento, California, Henderson is one of an estimated 40 million American workers for who calling in sick is a luxury. If they don't work, they don't get paid.
"I'm super afraid of getting sick," said Henderson, 29, who slathers on hand sanitizer at work in hopes of fending off illness.
Paid sick leave is the next frontier in the fight for the country's lowest earners. Some of the same workers' rights groups that grabbed headlines recently by pushing companies for wage hikes are steering the conversation toward paid sick leave. The debate has caught the attention of governments and companies alike.
President Barack Obama is calling for federal legislation that would require companies to guarantee workers paid sick days. And since San Francisco started requiring that in 2007, nearly 20 cities and three states — Connecticut, Massachusetts and California — have passed similar measures. New York, Maryland and other states are considering laws too. And McDonald's Corp. and Wal-Mart Stores Inc., which have announced wage hikes recently, are making changes to their paid sick leave policies.
"Paid sick days are a job issue," said Ellen Bravo, executive director for Family Values @ Work, a network of coalitions fighting to pass paid sick days and family leave policies. "When you don't have sick pay, you get docked."
The new focus comes amid wide disparities between the benefits received by the top and bottom rungs of the corporate ladder. Sixty-one percent of U.S. workers get at least one paid sick day, according to a national compensation survey of employee benefits conducted last year by the Bureau of Labor Statistics.
But only 20 percent of workers whose wages are at the bottom 10 percent get paid sick leave, compared with 87 percent in the top 10 percent. There's also a difference when comparing part-time and full-time employees: Seventy-four percent of full-time workers get paid sick leave, while 24 percent of part-time workers do, according to BLS.
Despite the disparities, some industry groups are fighting against laws requiring sick leave pay. Lisa Horn, director of congressional affairs at Society for Human Resource Management, a human resource management trade group, says many companies are leaning toward policies that lump sick, personal and vacation days together. But she says laws force companies to scale back on those benefits to keep down the costs associated with people taking sick days off.
"These mandates have a chilling effect on employers' ability to innovate and be creative with their leave options," she said.
Eileen Appelbaum, senior economist at Center for Economic and Policy Research, says mandated sick pay has not had a negative impact on some companies that have been surveyed. According to a survey the group did of businesses in Connecticut, which has required paid sick leave since 2012, one-third of workers took no paid sick leave. "They treat them as insurance," she said.
Big companies with operations nationwide are changing their paid sick leave policies ahead of legislation.
In February, Wal-Mart, the largest U.S. private employer, said within about a year it would end the one-day wait for sick pay for all full-time U.S. workers. That's a change from the current system that requires Wal-Mart workers in the U.S. to wait a day to use sick days, which means they have to use personal days on the first day out sick. (Full-time workers can earn up to two personal days and about six days of sick leave pay a year.)
Randy Hargrove, a Wal-Mart spokesman, said the company also is reviewing its sick policy for part-time workers, who account for half of its 1.3 million-person workforce in the U.S. Currently, if part-time workers are ill, they have to use personal days.
McDonald's is taking a different approach by lumping personal and sick days together. Starting July 1, full-time and part-time workers at company-owned restaurants will begin to accrue personal paid time off after one year of service that can be used for sick leave.
An employee working an average of 20 hours a week will be eligible to accrue about 20 hours of paid time off a year. If employees don't take the earned time off, they will be paid for the value of it. The benefits apply to only McDonald's company-owned restaurants, which represent about 10 percent of its more than 14,300 restaurants nationwide.
"We've listened to our employees and learned that — in addition to increased wages — paid personal leave ... would make a real difference in their careers and lives," McDonald's President and CEO Steve Easterbrook said in a statement.
Workplace experts expect other companies to follow Wal-Mart and McDonald's. "More employers are voluntarily adopting paid sick leave programs," says Mark Girouard, an employment attorney at Nilan Johnson Lewis who represents national retailers.
That is welcome news to workers who struggle to make ends meet when they take a sick day.
Henderson, the customer service rep, works under the 34 hours per week average that would make her a Wal-Mart full-time employee, so the company's policy change doesn't affect her. She said she's looking forward to California's sick leave mandate, which goes into effect in July and allows workers one hour of paid sick leave for every 30 hours worked.
The single mother of an infant makes $10 a week — an annual paycheck of a little over $16,000. Henderson, who says she can't afford to take time off, has gone to work with a runny nose and no voice. But last year, she said she took time off when she was pregnant because of morning sickness.
"We are human," said Henderson, who is a member of a labor-backed group OUR Walmart, which has pressed the retailer for higher wages and expanded benefits. "We can't control being sick."
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fonte redação http://news.yahoo.com/many-low-income-workers-calling-sick-luxury-101918962--finance.html
LABOR LAW IN BRAZIL.
TODAY
The labor law, also called labor law or labor, is the branch of law that regulates the relationship between employees and employers. It is established by a set of rules governed by the Consolidation of Labor Laws - CLT, the Federal Constitution (a set of higher laws to the other in the case of the legal system) and other sparse laws (and unusual laws that are not in code or the Constitution).
In labor law, there are two leading figures. One is the employee, individuals of individual providing services (the functions performed in their working environment continuously) the employer whose dependence (towards fulfilling orders) consists of the duties and functions given by this, and as compensation a paycheck prescribed in CLT.
The other is the employer, usually a legal entity (company) who hires the employee services through a salary. It can also be an individual or a group of companies.
Through working relationship, in which the employee renders services to the employer, the employment contract is the instrument that represents this relationship, being in it the rights and duties of the employee. It will vary according to the types of work and relations between them.
The labor law has its origins based on the standards established by the International Labour Organization - ILO, the doctrines and customs of a people and the contracts and regulations of the company.
Principle protector - protects the weakest part of the relationship between money and work.
Non-waiver principle - guarantees workers' rights, and his resignation has no value in law.
Principle of the primacy of reality - all contracts must be written and only the employment contract may be verbal or tacit, among other principles.
History of Labor Law
As relações de trabalho existem desde a Pré-História. Primeiro, com a busca pelas suas próprias coisas e, posteriormente, com o trabalho escravodurante a Idade Média. Apesar dos direitos, nesse período, terem sido limitados, a figura do trabalhador foi evoluindo: surgiram entidades que representavam os produtores e trabalhadores e as lutas entre as classes surgiu o sindicalismo.
Já na Idade Moderna, no século XIV, surge o trabalho livre. O Renascimento, a Revolução Francesa e a Revolução Russa representaram momentos importantes, que transformaram a vida dos trabalhadores com seus pensamentos diferenciados. Trabalho livre, proveniente dos ideais da Revolução Francesa de liberdade e igualdade. Era possível contratar pessoas e utilizar o contrato para formar a relação entre as partes.
Foi na Revolução Industrial, ocorrida nos séculos XVIII e XIX, que começaram a surgir o conceito de empregado e empregador. Nessa época, já se podiam observar os princípios dos direitos trabalhistas, apesar de não serem instituídas ainda no início do século XVIII regras em benefício dos operários e, por conta disso, o empresário era prejudicado, pois a massa trabalhadora estava desmotivada com suas atuais condições de trabalho.
No início do século XIX, o sentimento de revolução fazia parte da classe trabalhadora. Os operários começam a reivindicar seus direitos e a exigir qualidade de vida no trabalho, sem que houvesse a perda de liberdade, fato que antes ocorria com os escravos e a dignidade.
Em 1891, com a contribuição do Papa Leão XIII, surgiu o desejo por mudanças. Em sua publicação, ele falou sobre o salário mínimo, a previdência social, a jornada de trabalho e outros temas de caráter social, na luta por esses direitos. Esse foi um fato importante, que proporcionou a criação da Organização Internacional do Trabalho (OIT), em 1919, pelo Tratado de Versailles, em Genebra, o qual, por meio de convenções e recomendações, regulamentam normas. O Brasil é um dos países membros da OIT.
Labor law in Brazil
In Brazil, initially working relationship began in the exploitation of indigenous, since the discovery in 1500. An important milestone was the Golden Law, which abolished slavery in the country in 1888. In 1889, with the proclamation of the Republic until 1922 were created Rural Courts, being planned, too, the creation of the first organ of the Labor Court in the country. In later years, it began operating Social Security. Already in 1927, the Juvenile Code was promulgated.
At the stage of the President of Brazil Getulio Vargas government, labor law has undergone changes, and created the Ministry of Labour, Industry and Commerce and the 1934 Constitution.
Key Facts:
- Consolidation of Labor Laws (CLT);
- Constitution of 1946, after the dictatorship;
- With the end of military rule in 1988, labor laws increase.
CLT - Consolidação das Leis do Trabalho
Labor standards in Brazil are in the Federal Constitution, the CLT (Consolidation of Labor Laws Labor or) and other scattered laws, such as the intern. The CLT was created in 1943 by Decree 5452 and it is based on the Federal Constitution.
She has suffered frequent changes to adapt to social changes. In 1977, there was the creation of a chapter on holidays and Security and the other on Occupational Medicine. Despite the criticism they consider the laws of CLT exaggerated, they are designed to benefit not only the worker but also the entrepreneur.
The first rules were implemented by European States: recognition of the union, the strike, social insurance and occupational accidents.
Despite the traditions and cultures, labor rights were adapting to each country and seeking to value the individual, not only as a professional but as a man. In all, work-related problems have been solved by the same rules able to bring a social and economic development.
The Constitutional labor law came in 1824 in the Empire. And after seven constitutions came the 1988, which is used today. Since it was enacted, she sought to enter the labor rights under Brazilian law of Article 6 until 11 and in any way they can be breached.
These rights relate to the working hours of 44 hours per week, additional overtime, prescription five years, additional 1/3 of vacation pay, 120 days for maternity leave, work with relay between shifts was decreasing 8 for 6 hours, among other laws.
They shall be maintained until the additional laws are passed. The Federal Constitution, the important articles that refer to the work are: 6, 7, 8, 9, 10, 11. Nevertheless, there are many rules that are not applied and rely on a complementary or ordinary law for its regulation or implementation.
Source writing http://direito-trabalhista.info/
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