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LAWFUL INDUSTRIAL ACTION ANALYSIS AND LABOR UNIONS

Workers need to understand the employment law and conduct a lawful industrial action analysis to know how labor unions can be of benefit. The conditions in which many U.S. citizens worked would surprise many today. There weren’t any guidelines for an employee’s safety, either. Situations such as exposure to toxins, working in hazardous environments or working under mental duress, and dismissal from work require addressing. Because of these situations, workers felt they had no voice or protection in their places of employment. They had nowhere to turn for help. The law didn’t protect people from employment situations that today we might only find in underdeveloped countries by the time the Great Depression hit, and people were desperate for work, they turned to the unions for work and union protections. Employment law and lawful industrial action analysis protect workers’ rights.

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DISMISSAL FROM WORK AND LABOR LAWS

Illegal dismissal happens when an employer fires an employee in a way that breaks their contract or employment law. Dismissal from a position is unlawful if an employer fires an employee either for discriminatory reasons or in retaliation. If an employee believes he underwent illegal dismissal, he can file a claim and take his case to court. If he wins the case, he may receive monetary compensation for being wrongfully dismissed. Dismissal from work based on discrimination is collective, especially for the minority groups in a country. In addition to any payment won by the employee, the law can also justify charging the employer for punitive damages. In the United States, punishment can vary on account of the many state and federal laws surrounding this topic. Employment law and lawful industrial action analysis help workers when they are dismissed from work unlawfully.

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LAWFUL INDUSTRIAL ACTION ANALYSIS AND LABOR UNIONS

A lawful industrial action analysis by workers and labor unions is therefore essential. When a worker takes industrial action, they will usually be in breach of their contract of employment or contract for services. This means that if a trade union calls for, threatens to call for or otherwise organizes industrial action; it is in practice calling for the breach or interference with the performance of employment contracts. Dismissal from work also presents grounds for workers to carry out lawful industrial action. A trade union would face legal action and claims for damages for calling for industrial action. Therefore, to allow trade unions or others to call for, threaten to call for, or otherwise organize industrial action lawfully, the law expressly gives them immunity from legal lawsuits under civil law. Employment law and lawful industrial action analysis assist labor unions in protecting workers when they carry out industrial action strikes.

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