RE: Anglo American Platinum fired 12,000 striking miners
October 10, 2012 at 2:37 pm
(This post was last modified: October 10, 2012 at 2:38 pm by Tiberius.)
(October 10, 2012 at 9:00 am)Rhythm Wrote: We do have notice periods, failing to give notice can (and I think should) negatively impact your future employment prospects, they are still (like all labor) voluntary. They are a captive in the sense that they cannot terminate their own employment without potential consequence of law if such a contract is enforceable in any way.I wouldn't call that captive. Captive to me suggests that there is no way out for them, which isn't true. There are just steps that ensure an employee can't screw an employer over. Notice periods are more important in small business, where less time and money is available for hiring people.
Quote:What are we thinking about here in the way of enforcement btw, a fine? We're going to fine someone for not showing up to their job as a frycook? This is probably the least ridiculous potential enforcement option and it still doesn't get over the bar of absurdity for me....but...this may be due to my being born and raised in a place where there is no way to (legally) force or coerce a person to work for you.I'd think a fine would be good. However, you are correct in that fining a frycook for not showing up to work is absurd; if the company can easily replace someone (as they can with a frycook), it probably isn't in their best interests to go to court over it. The best they can do is give a bad reference if the frycook ever tries to use them as such.
However, if you are the head chef or are some other person of importance in the kitchen, it would definitely be in the company's best interests to take them to court for breach of contract. Finding a good head chef isn't as easy as finding a frycook, and there may have been things only the head chef knew about the running of the kitchen. The company may lose a lot of business, and they deserve compensation for that (provided a notice period is stipulated in the original contract).
Quote:Amusingly, btw, we did once have a system that allowed an employer to dictate where and when and employee could go or be while they were under contract. It culminated in one of the largest civil uprisings in american history. The US Army intervened (going so far as to drop explosives from their brand new flying toys). I'm assuming that the laws in the UK in this regard are similar.Well, I think the only times when a company can dictate where and when an employee can go are within work hours. For instance, my work may require me to be in the office from 9-5 unless I am unable to make it (traffic, sickness, etc.). However, after those hours, they have no control over me, and cannot. Of course, I get one hour for lunch, when it is also up to me where I go.
Quote:I'm assuming that while you have notice periods you are perfectly able to get up and walk out on day 2 of 14 (or however long it is) if you so chose.As in, physically walk out? Yes, of course. Legally they are in breach of contract, and could be taken to court by the company in question, or given a bad reference, but other than that, the company can't legally hold them inside against their will if they want to leave.
Quote:How (and why) are those laws set up the way they are in your country? What led to the establishment of the principle (and primacy of the principle) of voluntary labor?I'd guess they are set up to protect businesses, especially where the employee is mission critical. If those laws didn't exist, I could easily see a big corporation abusing them by hiring people to apply for jobs at a competitor, and then refuse to work or walk out on the first day, forcing the competitor to rehire...etc. How quickly could businesses (especially small businesses) be bullied out of the market if this was the case?
I'm not sure I understand where voluntary labor comes into this. Voluntary labor is unpaid; when you quit your job and have a notice period, you are paid your full salary for that entire period. Sorry if I led you to believe otherwise. A notice period can really be thought of as a clause in a contract to say that when quitting a job, you must give the company x amount of notice (usually 2 weeks, but it can be longer) before you actually "quit" and stop working.