Question :
Analysis of various framework which are associated with recruitment and legal procedure thereon.
- Explanation of basic nature of legal system.
- Analysis of impact of law system on business.
- Suggestion regarding business problem using legal framework.
- Examination of problem using legal guidelines.
Answer :
INTRODUCTION
Business law is also recognized as mercantile legislation which are either designed by parliament or government in a nation considering the several problems faced by an organization. It is considered to be a legislation which is formulated by legal authority in the country for providing suitable solution to the problems faced by companies. Each and every country has its own legislative system which governs certain regions. For instance, English law governs as well as regulated the companies operating in Wales and England. Business law is also defined as legal case study which includes two parties those who are facing disputes related to contract, merger, sales etc.
The purpose of the assignment is to develop the understanding and gain knowledge about English legal system. It also emphasizes on identifying the function performed by government in law making.
TASK 1
P 1 Explanation of sources of law and nature of English legal system
As per the general concept of legislation, the purpose of designing norms is to maintain the basic structure of society and to provide the suitable solution to the problems being faced by business entrepreneur related to running business in a smooth manner. If in case any company fails to comply with the law or norms then in such situation firm might have to face legal obligation, pay penalties etc.
English law is formed by the legal authorities in British legal system. Legislations in English legislative system is formulated by government in united nation which governs as well as regulates the activities of companies operating in England and Wales. In English legal system, the level of legal rules violation is considered and identified by the court of law or justice (Amato, 2015) The English law system deals with three major type and these are:
Legislation: These are the norms which are automatically originated by act of parliament.
Primary law: These forms of delegated law are designed by the deliberate assembly of the country.Such types of norms are influenced by the several laws formed by government in Scotland. Legal authority in Parliament has authority to issue secondary norms. Public Act, privy council are some primary; laws in legislative system of England.
Secondary legislation: These kind of norms are designed by representative of primary legislation authority. Some examples of secondary legislation are national assembly of Wales act, Ireland Act etc.
Common law: These types are norms are formed by judge on the basis of decision taken by magistrate in existing law suits.
EU law: Convention of human right this is the act in English legislative system which is influenced by the laws in European union. It is considered to be an important norm which is required to be followed by all companies operating business in England and Wales.
In addition to this the two other laws which are required to be considered by business when establishing, naming, running business are company act and corporate law (Bubb,2014)
P2 Identifying the role of government in law making
Law making is considered to be as lengthy procedure and at each phase government has important to play. The following stages include in law making are:
Details about the government agenda- At this phase, role of the legal authority in nation is to conduct the survey and gather information about the several issues faced by companies or people in the country. After analyzing of the situation, it is required by the legal authority to find the appropriate solution to several issues.
Preparation of proposal –After the completion of the first stage, role of government is to prepare the proposal which should contain the detail about the problems as well solution to the same.
Proposal to bill transformation via parliamentary counsel – Once the proposal is prepared, function of legal authority is to present the proposal in front of small councils.
Introduction of the bill in parliament session- if the bill is approved by the legal authorizes working at small level then further proceeding proposal should be converted into bill and same should be forwarded to the members in parliament.
First, Second and third reading – At this phase, it is the duty of legal authority to present the bill for first reading in house of lords. Thereafter the first reading, function of government is to make the changes in bill as per the advice or suggestion of members in parliament. Once the amendments have been made in proper manner, bill is to be presented for second reading. At this phase short debate related to implementation of bill might take place. Thereafter the next phase, legal authority is required to submit bill for inspection. Effectiveness of the bill is measured. Approval of the bill- Once the result has been disclosed by the special committee then bill is gain presented for the final reading where voting might take place and decision related to enforcement of bill is made. If in case the bill is not approved by the parliament, then government has to find alternative solution to problem (Furmston, Cheshire and Fifoot, 2012)
P3 Analyzing the way employment and contract law have effect on business
Contract law governs the commercial relationship between the parties. AS per this norm it is required by the parties to enter into a legally binding contract. It is essential for both the parties to comply with all the terms and condition in the contract, if any of the party fails to perform their duties then in such case the contract becomes null and void. In context of employment contract act, it is important for both employer and employees to perform their duties as per the agreement. Employment contract has direct as well as significant influence on the relationship between worker and a company. In addition to this employment legislation also have major effect on the human resource management practices and policies designed for the benefit of employees (Hayek,2012). Example of some employment legislation which have impact on business are: Wage act: As per this legislations, it is required by employer to provide an individual with the salaries or wages according to their work profile. According to the employment act an employee have to work under the control of employer. As per the employment right act, employees working in a company has following rights these are: Protection against unfair dismissal, parental leave, flexible working hour, rights to preferred payments in the event of an employer's insolvency etc. The rights provided by an employment can only be used by employees working full time in the company. According to the contract or employment law in UK, an individual is considered to be as an employee if person works under a contract of employment. There should be legally binding contract between employer and employees. Rights of workers are they are entitled to minimum wage.
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