Labor laws

Introduction

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The U.S companies accept temporary hiring of international students with visas to avoid labor laws, which are eminent in the country regarding those citizens.

Basically one would like to know what labor laws are, how they affect the country, and the reasons as to why such countries would like to hire international students.

This paper will include the explanation of what labor laws are and elaborate fully on them and the effects they have. Original thoughts and arguments are to be included in the paper and definition of terms such as discrimination and child labor. Countries that permit bribery and the illegal aliens working in the country are also issues to be discussed. Terms, relationships and concepts will be explained. The paper should also include the reasons for the claims and against the claim and these should have moral significance. The stronger points are to be pointed out if it is for or against the claim. Lastly the decision should be made and the rebuttals.

Labor law
Labor laws are the laws, restrictions on people working in the companies or organizations, rulings of the administration and addressing the rights that are legal and their precedents. The aspects that are mediated by labor laws are the relationships by employers, unions of the trade and the employee.

According to a journalist Emily, labor laws in America are standards and also have interest ranging from activism human rights and also the movement rights of international labor.

The main reason as to why labor law was introduced was the fact that the workers demanded conditions, which were favorable, also employers had demands, which were simultaneous, and wanted a right to have their worker’s powers restricted.

. (Chevigny, 2005)

Law
Law involves the system through which social rules of the institution; organization, government or a company is enforced. In day-to-day living law affects the living in very many various ways.

Bribery

This is an act of showing a person some favor that he/she does not deserve. This can be giving out money or gifts to a higher authority to secure a job or to be forgiven for a crime committed. some of the countries that find this act legal are countries like: some parts of Hungary, Philippines, Johannesburg and South Africa.

Child labor
When a person employs an underage person that is what child labor is and underage means persons who are les than 18 years.

In U.S there are jobs that they allow those people of 14 years to do. In poor countries children of 5-12 years are allowed to work. Countries that allow underage children to work are India and Liberia. Children have a right to be protected from child labor because such children are denied their rights of being in school. There are rights that generally support the enforcement and establishment regarding protection of children from child labor. Although there is a law in the U.S governing underage employment, they still employ children of between 5-12 years in even hazardous places such as mines and factories.

In U.S an act has been started. This act is known as Fair labor standard act (FLSA).

These standards affected the private and public sectors and also full time and part time workers. FLSA as an act had some roles to play regarding underage children.

These roles were:

Protecting the opportunities of education to the minors and conditions that could affect their health.

They usually set the age that should work in hazardous firms

They limit on the hours that the children are allowed to work

Discrimination
This is the act of noting someone’s qualities and degrading the person on that basis. It is showing a person favourism in the amidst of other people. In some countries especially the western countries when a person is discriminated the aspects of equality is denied to such a person and developed countries allow it. There are so many kinds if discrimination among which are:

Employment discrimination: this is whereby one is employed on the basis of ethnicity or tribe

Gender discrimination: this is based on sex identity of a person. Socially societies justify differences of sex on the ground that there are some people who are superior than others hence even when offering a job there are those that are not given to a certain gender.

Language: some people are treated differently from others simply because they speaking a certain language. People should know that language should not differentiate others. Language barrier can cause hatred among people because one group might be thinking that the other groups are talking about them. So when people are together from different localities should be using the national language to make them come to an understanding since man is a social being and should interact with all sorts of people.

Age: some firms despise people in the area of employment due to their age claiming that they are too young or old for the job.

U.S companies prefer international students for hiring because of the following reasons:

1)      The security of the job: they do not have to offer insurance of the family of the international students unlike their own students. They also do not offer hospital bills to these students. So they find these students better for employing than their citizens.

2)      Lower pay: this is due to lack of skilled labor hence are paid less money which makes the company get higher profits since what they are paying the employer’s is little compared to the work being done and the income that the company is generating so there companies expands drastically.

3)      Flexibility: many international students are flexible hence can work in the fields that are different from their areas of study. They are also very first in adopting the new working environments, U.S companies find these students more convenient since they can adopt to any changes that can be done in the company.

4)      Benefits: international students usually are in the U.S for a short period of time hence benefits of retirement, hospital bills are not offered and the employer can terminate their jobs at any time and with no reason and there is no law that can be taken since these are temporary employees. It is not the role of U.S to house these students because they are temporary in their country.

5)      Even if the work worsens or the wages are reduced these students have nothing else to do apart from working regardless of the situations since they have no otherwise and they have to sustain their living. They also have to comply because they are unskilled hence cannot acquire better jobs and even if they are skilled not all jobs are advertised public ally but there are those that are very secret hence one needs higher people to tell them, with these students they have no such people to inform them. (Faber,2007)

Although the U.S benefits from the international student that is not the reason as to why they would like to employ them. The following are negative effects of employing international students:

With the FLSA all employees should be treated the same and they do not allow discrimination regarding the nationality. Since the students are from far the employer are supposed to pay their travel allowances because these students may be forced to travel home due to un avoidable circumstances.
The students may lack commitment to the job because of the low pay making the company prone to losses. They can also cause damages in the companies since they are not permanent and these companies can have no grounds to follow them up.
In the area of flexibility it can be difficult for the international students to adapt to the new environments. Sometimes communication problems may hinder them hence communicating with a client becomes a problem requiring an extra employee to act as an interpreter.
U.S can fear to employ international students due to animosity; this means that they might think that when they employ these students their fellow Americans might lose jobs. This is due to the fact that there are a lot of competition in the emerging industries and with these the jobs become limited.
Decision
The set of reasons that I find stronger are those that support U.S companies to hire international students temporally because:

The U.S benefits from international students by abilities and skills since they have a variety range of them. This uplifts the U.S companies. The employer enjoys the flexibility, initiativity and the new experiences adapted by the international students. The companies also benefit from the short-term assignments but become a loss when the assignment is long-term.

These companies do not have to pay taxes for their employees since international students do not pay taxes. These companies usually have an agreement with the employee about the wages and the duration of the contract so that is not an issue to affect the employee. There being labor laws that govern and protect the employee these students are not discriminated. Consequently the international students also benefits from the skills they acquire from these companies which can help them improve working skills in their mother countries.

Rebuttals

The weaker points are those that are against U.S employing international students. The arguments regarding these are:

In the case where it is seen as the student might lose commitment with the job, this might not happen because the student was not forced to go and work there but decide to go by himself/herself.
The minimum and overtime pay are a matter of discussion between the employer and the employee.
Communication barrier is not so much because the commonly language used is English and this is a know language to most international students although the meanings and the accent of some words may differ though not much. (middleton,1993)
 

 

 

 

References

Chevigny P. (2005). Gigs: Jazz and Cabarret laws in the New York city. New York. Routledge

Faber E. (2007). Pregnancy discrimination in Latin America: the exclusion of “employment discrimination” from the definition of “labor laws” in the Central American. Free trade agreement. Columbia journal of gender and law. Gale groups

Middleton Stephen (1993). The black laws in the old Northwest. Westport. Greenwood press.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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