(Redirected from Employee)
'Employment' is a
contract between two parties, one being the '
employer' and the other being the '
employee'. An ''employee'' may be defined as: "A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed."
Black's Law Dictionary page 471 (5th ed. 1979).
In a commercial setting, the employer conceives of a productive activity, generally with the intention of creating
profits, and the employee contributes
labour to the
enterprise, usually in return for payment of
wages.
Employment also exists in the
public,
non-profit and household sectors.
In the
United States, the standard
employment contract is considered to be
at-will meaning that the employer and employee are both free to terminate the employment at any time and for any cause, or for no cause at all. However, if a
termination of employment by the employer is deemed
unjust by the employee, there can be legal recourse to challenge such a termination. In
unionised work environments in particular, employees who are receiving
discipline, up to and including termination of employment can ask for assistance by their
shop steward to advocate on behalf of the employee. If an informal
negotiation between the shop steward and the company does not resolve the issue, the shop steward may file a
grievance, which can result in a resolution within the company, or
mediation or
arbitration, which are typically funded equally both by the union and the company. In non-union work environments, in the United States, unjust termination complaints can be brought to the
United States Department of Labor. In the
Canadian province of
Ontario, formal complaints can be brought to the
Ministry of Labour (Ontario). In the province of
Quebec, grievances can be filed with the '
Commission des normes du travail'.
To the extent that employment or the
economic equivalent is not universal,
unemployment exists.
Employment is almost universal in
capitalist societies. Opponents of capitalism such as
Marxists oppose the capitalist employment system, considering it to be unfair that the people who contribute the majority of work to an organization do not receive a proportionate share of the profit. However, the
Surrealists and the
Situationists were among the few groups to actually ''oppose'' work, and during the partially surrealist-influenced events of
May 1968 the walls of the
Sorbonne were covered with anti-work graffiti.
Labourers often talk of "getting a job", or "having a job". This
conceptual metaphor of a "job" as a possession has led to its use in slogans such as "money for jobs, not bombs". Similar conceptions are that of "land" as a possession (
real estate) or
intellectual rights as a possession (
intellectual property). The
Online Etymology Dictionary explains that the origin of "job" is from the obsolete phrase "jobbe of work" in the sense of "piece of work", and most dictionaries list the Middle English "gobbe" meaning "lump" (gob) as the origin of "jobbe". Attempts to link the word to the biblical character
Job seem to be
folk etymology.
Employer
An employer is a person or institution that hires employees or workers. Employers offer
wages or a
salary to the workers in exchange for the worker's
labor power, depending upon whether the employee is paid by the hour or a set rate per pay period. A salaried employee is typically not paid more for more hours worked than the minimum, whereas wages are paid for all hours worked, including
overtime.
Employers include everything from individuals hiring a
babysitter to
governments and
businesses which may hire many thousands of employees. In most western societies governments are the largest single employers, but most of the work force is employed in small and medium businesses in the
private sector.
Note that although employees may contribute to the evolution of an enterprise, the employer maintains autonomous control over the productive base of
land and
capital, and is the entity named in
contracts. The employer typically also maintains ownership of
intellectual property created by an employee within the scope of employment and as a function thereof. These are known as "
works for hire".
Within large organisations, the
management of employees is often handled by
Human Resources departments at "arm's length". Hiring, discipline and terminations are typically rendered by the HR department, whereas
supervisors and managers of individual departments provide instructions concerning daily activities, goals, etc. On the national scale, employers can be organised within
employers' organisations. Employees can be organised in
trade unions or in trade associations, such as the
Construction Specifications Institute, which represents specification writers.
Employee
An employee contributes labour and expertise to an endeavour. Employees perform the discrete activity of economic production. Of the three
factors of production, employees usually provide the labour.
Specifically, an 'employee' is any person hired by an employer to do a specific "job". In most modern economies the term employee refers to a specific defined relationship between an individual and a corporation, which differs from those of
customer, or
client. Most individuals attain the status of employee after a thorough process of interviews with several departments within a company. If the individual is determined to be a satisfactory fit for the position, he is given an official offer of employment within that company for a defined starting salary and position. This individual then has all the rights and privileges of an employee, which may include medical benefits and vacation days. The relationship between a corporation and its employees is usually handled through the
human resources department, which handles the incorporation of
new hires, and the disbursement of any benefits which the employee may be entitled, or any grievances that employee may have. An offer of employment, however, does not guarantee employment for any length of time and each party may terminate the relationship at any time. This is referred to as ''
at will'' employment. While the terms
accountant,
lawyer and
photographer might refer to professions, they are not
employee titles, which may include Controller, Vice President of Legal Affairs, and Head of Media Development.
There are differing classifications of workers within a company. Some are
full-time and permanent and receive a guaranteed
salary, while others are hired for short term contracts or work as temps or
consultants. These latter differ from permanent employees in that the company where they work is not their employer, but they may work through a temp-agency or consulting firm. In this respect, it is important to distinguish
independent contractors from employees, since the two are treated differently both in
law and in most
taxation systems.
Employees can organize into
labor unions (
American English), or
trade unions (
British English), who represent most of the available work force in a single organization. They utilize their represenative power to collectively bargain with the management of companies in order to advance concerns and demands of their membersip.
Associate is a term used by some companies instead of ''employee''.
Big box retailers like
Wal-Mart and
Home Depot, for example, use this term for non-
management employees. Other firms use terms such as ''teammate'' or ''team member'' instead of ''employee''.
Many companies further classify employees as ''exempt'' or ''non-exempt''. This designation is used to separate employees that are eligible for overtime from those that are not. An ''exempt'' employee is one that is typically salaried and is not eligible to earn overtime. ''Non-exempt'' employees are typically paid hourly and are eligible for overtime pay.
Alternatives
When an individual entirely owns the business for which he or she labours, this is known as
self-employment. Self-employment often leads to
incorporation. Incorporation offers certain protections of one's personal assets. Laws of incorporation vary from state to state with California having the most incorporated businesses of any state in the U.S.
Workers who are not paid wages, such as
volunteers, are generally not considered as being employed. One exception to this is an
internship, an employment situation in which the worker receives training or experience (and possibly college credit) as the chief form of compensation.
Someone who works under obligation for the purpose of fulfilling a debt without pay is known as a
slave and slaveowners are also not considered employers. Some historians suggest that slavery is older than employment, but both arrangements have existed for all recorded history.
In the United States, an individual who has been convicted of a crime may not be employed by any firm that chooses not to hire that individual for the protection of its assets which includes its employees. One crime that stands out is the act of domestic violence which indicates that the same violence may occur in the workplace and the company does not have to hire anyone with this stipulation for up to seven years in the U.S. The number of people thusly unemployed in the United States has been increasing recently .
High-skilled jobs
Employment Research and Education
★
Cornell University's
School of Industrial and Labor Relations
★
Labor and Worklife Program at
Harvard Law School
Films
''Death on the Job'', Filmmakers: William Guttentag and Vince DiPersio,1991
''
Office Space'', written and directed by
Mike Judge.
See also
★
Colin Clark's Sector Model
★
Dangerous jobs
★
Employee branding
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Equal Opportunity Employment
★
Job analysis
★
Job fair
★
Job Websites
★
Labour (economics)
★
Labour market
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Labour power
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Job matching
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Personnel selection
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Reserve army of labour
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Termination of employment
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Underinvestment employment relationship
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Wage labour
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Recruitment
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Referral recruitment
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Employment rate
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Occupational illness
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Unemployment
External links
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NBER, Science and Engineering Workforce Project
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UK gov Local Business Link
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International guidelines and resolutions on employment related concepts