30 Key FAQs About Service Law for Professionals

General Service Law

What is service law?

Service law provides the legal relation between employers and employees, concerning rights, obligations, and labor law.

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What is service law for?

To set proper practices, workers’ rights protection, and regulating employer-employee relations.

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What is employment contract?

It is a contract between the two parties that deals with the employment relationship job, responsibilities, and remuneration and dispute mechanism.

 Recruitment and Employment

What is the responsibility of employers in employment?

Ensure nondiscriminatory practices, job descriptions free of deceitful intentions, and compliance with all labor laws.

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What is the legal meaning of offer letters?

Offer letters can be considered an initial agreement. However, sometimes they do not have the binding power of a legally signed employment contract.

Can job offers be rescinded?

Only in limited capacities, such as failure to be accepted or non-compliance of conditions.

Employment Rights

What are fundamental employee rights?

Fair wages, safe work environment, privacy, and freedom from discrimination or harassment.

What is workplace discrimination?

Treatments that are discriminatory in nature because of race, gender, religion, disability, or other protected characteristics.

How are employee privacy rights protected?

The law limits access by employers to personal data, monitoring, and use of personal information.

Working Conditions

What are employers’ safety obligations?

To provide a safe, hazard-free working environment and adhere to the standards of OSHA or equivalent standards.

What is workplace harassment?

Unwelcome behavior that is severe or pervasive enough to create a hostile work environment, including sexual harassment or bullying.

Legal workweek and overtime policy:

Typically, 40 hours per week; overtime paid in accordance with federal or local laws, such as the Fair Labor Standards Act.

Wages and Benefits

Minimum wage:

Lowest hourly wage set by federal, state, or local law.

Mandatory employee benefits?

They differ by jurisdiction but may consist of health insurance, paid leave, and retirement plans.

What if wages are not paid or are late?

Employees can make complaints to the labor authorities or bring a lawsuit for breach of contract.

What is equal pay for equal work?

A legal doctrine that holds that people working in similar positions must receive similar pay regardless of race, sex, or any other factor.

Leave and Time Off

What is the Family and Medical Leave Act (FMLA)?

A U.S. law that allows eligible employees to take up to 12 weeks of unpaid leave for medical or family reasons.

What are the rights of employees to paid vacation time?

Vacation time is a function of company policies or local laws.

Can an employer refuse sick leave?

No, if the sick leave is mandated by law or covered by an employment contract.

Termination and Resignation

What is at-will employment?

A system where employers or employees can terminate employment without cause, excepting discrimination or contractual limitations.

What is wrongful termination?

Termination that violates employment contracts or legal protections.

What are severance packages?

Compensation offered upon termination, which may include pay, benefits, and job placement assistance.

Can employees resign without notice?

It depends on the contract, but abrupt resignations may have legal or financial consequences.

Dispute Resolution

What is alternative dispute resolution (ADR)?

Mediation or arbitration used to settle workplace conflicts outside of court.

What actions can employees take against workplace discrimination?

File internal complaints, contact the Equal Employment Opportunity Commission (EEOC), or file a lawsuit.

How are unpaid wages recovered?

Through complaints to labor departments or legal claims.

Employer Responsibilities

What is vicarious liability?

Employers’ legal responsibility for unlawful acts committed by employees during work.

What is constructive dismissal?

When an employer’s actions or work conditions force an employee to resign.

What is the employer’s duty during layoffs?

Give notice, severance benefits if applicable, and follow labor laws.

Legal Protective Measures

What is whistleblower protection?

Protections against retaliation against employees reporting illegal or unethical conduct in the workplace.

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