Question:
Discuss about the Role of the State in the System of Employment Relations in France and Denmark.
Every state finds it very important to be involved in the system of employment relations in the industrial sector. This ensures that both the employee and the employers have their basic rights protected by the state. The state protects the rights of both employer and employee through enacting legislations and taking up other measures that will ensure that employment relations between employers and employees are carried out accordingly. This paper seeks to do a comparison between the involvement of the state both in France and in Denmark in the system of employment relations. It will analyze the laws and regulations that have been put in place by the state to intervene in the system of employment relations in the respective countries.
The paper will seek to identify the similarities in both France and Denmark in its involvement in the system of employment relations. It will also identify the areas where the countries have a divergence in their involvement in the system of employment in their respective countries. In this paper, the role of trade unions will be analysed and their level of efficiency in controlling employment regulations both in France and Denmark. An analysis will be made to evaluate the level of which the state involves itself in the ongoing of the trade unions. In addition, the paper will analyse employment contracts and identify the elements that make the different types of contracts valid and the measures which the state takes to ensure that contracts between employers and employees are honoured by both parties.
Both in Denmark and in France, the states encouraged workers to form trade unions (Kahler, 2014 ). In France, for example, is the French Democratic Confederation of Labour which is a recognized trade union in France and is recognized as the largest of them all. In Denmark, on the other hand, is the Danish Confederation of Trade Unions which consists of 18 trade unions. The states ensures that they do not directly involve themselves in the works of the trade unions. The trade unions are charged with the responsibility of fighting for the rights of the workers. The trade unions ensures that workers are treated right and they are given their wages accordingly. Employees have no powers to stop workers from joining trade unions.
Trade unions use methods such as demonstrations and strikes to ensure that employees give into the demands of the trade unions. It is important to note that the trade unions are indirectly governed by the state. This is through stipulating laws within which trade unions should operate. Therefore, although trade unions are powerful both in Denmark and France, they can not engage in illegal activities. Unfortunately, memberships in trade unions both in France and in Denmark are slowly deteriorating (Alarcón, 2014). This trend has been evident for many years. Some companies have come up with smart ways of evading the law in regard to trade unions. The law stipulates a minimum number of employees beyond which a company should enrol all the employees to a trade union. The affected companies evade this by ensuring that they regulate the number of people they employ so as not to be forced to enrol the members to a trade union (Toth, Maitah, & Stefkova, 2014).
Both in France and Denmark, the state has stipulated employment law. The employment law is meant to govern employers and employees as they relate in terms of employment. In France, for example, the state has stipulated legal regulations that are meant to govern the public sector in relation to employment. These legal regulations ensure that those employed in the public sector are protected from any kind of exploitation. In 2015, a new labour code (Loi Travail law) was suggested to ensure that there can be two types of contracts whereby one is contracted at a company level and the other is at a national level (Gilpin, 2016 ). From this suggestion, it can be derived that the state in France has been in a constant process of updating their law to ensure that they protect both employees and employers. In both countries, employment laws are applicable to all employees inclusive of those at the topmost executive levels. It has been noted that the personnel at the topmost executive levels have power over those at the bottom-most levels. However, the state, through the law, has ensured that the employees benefit from the work relationships between employers and employees. Employers also form their own confederations to ensure that they are protected. In France, for example, is the General Confederation of small size and middle size enterprises of France.
Employment contracts are commonly used both in Denmark and in France (Brewster, Guery, Stevenot, & Wood, 2016). These employment contracts are divided into two. They can either be written contracts or implied contracts. It is important to note that, for permanent employments both employees and employers are advised to draft a written contract. This is very vital in case one would need to refer to the contract and analyze its terms. A written contract between an employer and employee are governed by the state through the law. According to the law both in France and Denmark, a written contract is not subject to any changes by the employer without the consent of the employee. The only exemption to this requirement is when the employer is making an adjustment in the contract so as to ensure that the contract totally secures the rights of the employees (Jacquemond & & Breau, 2015). It can be concluded that, both in Denmark and in France, contract law has been used by the state to intervene in the systems of employment relations.
The state both in Denmark and in France has also enforced laws so as to ensure that foreign employees enjoy good employment relationships (Toth, Maitah, & Stefkova, 2014). Though these foreign employees may not be subjected to following the entire labour code both in France and in Denmark, there are specific laws that the foreigner is subjected to. The foreigner in their work must ensure that they respect the basic human rights of employees. The foreign employees are protected by the law to ensure that their rights are not trampled upon. Therefore, it is conclusive that the governments both in France and in Denmark have stipulated laws to secure the rights and freedoms of foreign employees. By so doing these states are able to maintain good foreign relations with other countries. In France however, there are some changes that are yet to take place regarding labour laws since the coming of the new French President Macron. These laws are expected to create conducive business environments. The laws seek to adjust the damages that are paid to employees by regulating the maximum and minimum amount that ought to be paid. The Laws allowing trade unions to represent employees will remain untouched.
The French state has taken up measures to stand against the likelihood of illegal employment of foreigners (Charles, 2014). Foreign employees are given visas with minimal periods. These periods can range between six months after which the employer can renew the contract. If the employment contract is not renewed the employee is not allowed to stay in that foreign country. The foreigner is said to be living illegally in a country if they continue to live there whereas their visa is expired (Bussi & O’Reilly, 2016). These kinds of measures are taken so as to ensure that foreign employees are not subjected to harsh working conditions or treated unfairly by their employers in any way. These measures enables the state to keep a record of the foreign employees in their country and they are able to track them down in the case of anything.
The state of France has also established a committee that is charged with the responsibility to ensure that it regulates the influx of foreigners into the country (Benigni, 2015). The committee is also charged with the responsibility to ensure that each foreigner has a valid employment contract so as to cut down on incidences of overworking foreign employees or underpaying them. The employment contract is said to be valid if it clearly stipulates the terms of employment. This is a measure to ensure that the foreign employee is well catered for.
The Denmark state, just as the state of France, encourages her citizens who consist of the working class to join trade unions. Trade unions are very effective especially in the area of collective bargaining. Collective bargaining is a method used by trade unions to demand the rights of their members (Sahraoui, 2015). Trade unions, however, are gradually becoming very unpopular. This has been proven by the constant drop in the number of membership in trade unions today. The number of members is decreasing at an increasing rate.
The state in Denmark is said to handoff in terms of employment relations. This is because the state does not directly involve itself in matters of employment relations. However, just like the state in France, the state enacts laws that are meant to guide employers and employees in their relations (Le Gallo & L’Horty, 2017). These laws have helped trade unions to take great advantage of collective bargaining so as to safeguard the interests of the employees. The state has also enacted labour laws which are meant to guide employers and employees in their relations. Those who are found to have broken the law are answerable to it. The Denmark labour laws are adjustable. The state does not give specific minimum wages. The determination of wages is left to collective bargaining. Employers and employees are left to bargain on payments. Another reason why Denmark is said to handoff is that the state does not give specific working hours. Working hours are determined by collective bargaining. Therefore the employer and employee are solely responsible for the decisions they make on working hours (Mohand-Said, 2017). On the other hand, in France, the state is very keen on working hours. The state has put up stipulations to ensure that no employee is underworked.
In France, employment relations are governed by different levels. This does not take place in Denmark. Unlike Denmark, France operates in relation to levels (Malgouyres, 2017). Those at the topmost levels are said to be more superior and powerful as compared to those at lower levels. Thus it can be concluded that the state in France is more hands-on in its role in regulating employment relations.
The state in Denmark has made no specifications about whether or not the nation is allowed to work on public holidays. This again is left in the hands of collective bargaining. However, in France, it is a requirement by the state that all employers have a contract of employment for their employees (Blundell & Bozio, 2013). In this contract, the details of employment are well stipulated. In the contract, the working hours are clearly stated. The wage or salary of the employee is also stated in the contract. In addition, in the contract, the agreement on holidays and annual leave is also included. This shows that while Denmark is hands off on certain specifications, France has a way of ensuring that it plays its role directly in the system of employment in France.
The role the state has played in the system of employment relations in Denmark has been very significant. This is because it has enabled the country to be the second country in Europe to have a very minimal gap between the rich and the poor (Ciganda, 2015). A country with a minimal gap between the rich and the poor is a very successful country because it shows that it is economically developed. A vast majority of people in Denmark are stuck to the middle class whether they are employed or not (Gindling & Newhouse, 2014). This is because, even after an employee is laid off, the government supports them in many ways. First and foremost, the laid off employee is subject to monthly allowances by the government. In addition, this individual has access to free medical care and free education. The state supports the individual through a training program where they acquire skills that will enable them to acquire another job in a different field of work. In addition, the worker enjoys subsidized childcare and rent allowances. By so doing the state plays a major role in ensuring that everybody in the country is employed. After going through the training the state helps the individual to get a job (Espinoza & Ruiz, 2014). While still jobless the state ensures that they help the individual to maintain a good level of standards of living. They enjoy subsidized prices for food products too.
The French state, on the other hand, is not left out in directly catering for the welfare of the employed. This shows its direct involvement in the system of employment. When an individual gets employed, the state requires them to register with the French social security (Mucciarelli, 2017). Under this docket, an employed individual enjoys a lot of benefits. First and foremost, the employer is required to make monthly payments to an employee’s social security fund. These monthly payments are usually a fraction of the employee’s salary. Through this fund, an employed individual is able to access free healthcare. In addition, the employee can enjoy free maternity services and treatment as well as paid maternity leave. If an employee needs to take sick leave they enjoy paid sick leave and in case they pass away as a result of the sickness, the family of the employee is allowed to claim for pension as long as they have the right documentation to prove that they were descendants of the deceased (Cahuc, Carcillo, & Rinne, 2013). Nevertheless, the employee can enjoy the free medical treatment in case they are involved in an accident during the process of carrying out their responsibilities at work. In case of any serious injuries due to such an accident, the employee can claim compensation. Therefore, it can be concluded that the French state supports employees and employers strongly. It plays a major role in ensuring that the system of employment relations in France run smoothly with both the employees and employers enjoying the work they do.
Conclusion
In conclusion, therefore, from the above information, it can be said that there are no major disparities in the duties of states in regard to the system of employment both in France and Denmark. Though some of the measures taken to be involved in the system of employment relations by the state may differ, at the end they both achieve the same goal (Body, Bonnal, & Giret, 2014). It is noted that the main aim both in Denmark and in France of state involvement in the system of employment relations is to ensure that both the needs of the employers and the employees are well catered for. Through establishing laws to govern employees and employers both the state of France and that of Denmark seek to ensure that no illegalities take place in the name of employment. Both states have also taken up measures to regulate the influx of foreign workers into their country so as to be able to keep tabs with the well being of the foreign workers. Both Denmark and France have an elaborate social security welfare system that is geared towards the protection of the welfare both of the employer and the employee (Bergeaud, Cette, & Lecat, 2015). Through these social security welfare systems, both the employer and the employees benefit largely. The employees can receive free medical checkups and treatment. They also get compensated in case of accidents. This alleviates the burden on the employer to cater directly for all the needs of the employees. In the case of death, the employer does not bear the burden of compensating the dependants of the deceased. On the contrary, the social security welfare caters for the compensation expenses. Both in Denmark and France, the state has dedicatedly encouraged workers to join trade unions (Chaumet-Riffaud, 2017). Though in France there are specific requirements on wage payment, both states encourage collective bargaining between the employers and employees on how their relations shall be throughout the duration of employment.
References
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