Labor Law

By:
Date:
By: Judge/ Hany Georgy
Date: 13/3/2014
Introduction to Business law


Table of Contents

1. The Importance of Law
2. Definition
3. Characteristics of Law
4. Law, Morality & Religion
5. Classification of Law
6. Subdivision of Public Law
7. Subdivision of Private Law








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The Importance of Law


- It is difficult to imagine the existence of
a community without law.
- The realization that we can only be safe
in a community if there are rules of self-
restraint, leads to the development of
rules protecting the property and persons.



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- Law is best understood by looking at the
role it plays in society:
*social cohesion
*Survival in a community
* The maintenance of order
- in regulating human behavior law
recognizes rights and imposes duties or
obligations.

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Definition of Law
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Definition of law
Law is a body of general &
abstract rules which regulates
the social conduct of people,
and which is enforced by a
sanction


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Characteristics of Law
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3








Characteristics of law

Legal rules are




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Social General
Enforced by
a sanction



Law is only concerned with the external conduct or
behavior of individuals.
It has nothing to do with internal thoughts and beliefs


Law is generally applicable
It is applied in all cases and to all persons.


People are invited to obey law voluntarily, if not, the are
compelled to do so by means of sanctions applied by the
state through its agencies and courts
A sanction is a device to induce obedience of a rule of law.


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Social
General
Enforced by a sanction

A sanction may be :




Ex. : fine, imprisonment, death penalty


Ex: the dismissal of a public employee or officer


Ex.: the invalidity of a contract or compensation, the
restitution of payment of what was not due.
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criminal
administrative
civil
Criminal
Administrative
Civil
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Law, Morality & Religion
Rules which regulate human conduct
are not confined to law. There are
also divine and moral rules.
*One way to understand more about
what law is, to look at what
distinguishes legal rules from other
types of rules.

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Divine Rules Religion:
- Principles ordained by God;
- To be found in the sacred books;
- Sanctioned by rewards and
punishment in the present life or
the life to come.

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Moral Rules:
- Principles which arise from the general
opinion of the society as to what is rights
and what is wrong (beliefs and values
shared by a society)
- They are often reinforced by social
pressures which in some cases may be
strong: ex.. the disapproval of family or
friends, loss of status, and social ostracism

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The main criteria of distinction
between law, religion & moral
rules are as follow:
1) The source of these rules
2) Types of human conduct
regulated by these rules
3) Who impose sanctions against
rules-violators?



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- The field of law does not always coincide
with that of morality or religion.
- There are acts regulated by law which do
not fall within the field of moral or
religious rules.
- But this does not mean that rules of law
and moral or religion rules are always
contradictory. (Many legal rules are based
upon those of morality or religion)

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Classification of Law
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This classification is based upon a distinction
between the public or private character of
the person involved in the relationship
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Classification of law:
Public Law: is that which regulates relations
of public persons among themselves, or
relations arising between public persons
acting as a sovereign and
private person.

Private Law: is that which regulates the
relations of private persons among
themselves, or relations between private
persons and public persons not acting as a
sovereign but as private persons..

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Who are Public persons ?
The
state
governorates
towns villages
public
authorities
universities
Who are Private persons ?
Individuals
(Natural Persons)
Juridical Persons

.

.

.

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Subdivision of Public Law
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Public law is traditionally divided into 6
branches(subdivision):

1. Constitutional law
2. Administrative law
3. Tax Law
4. Criminal Law (
)
5. Law of criminal procedures
6. Public international law

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Subdivision of public law:


1- Constitutional Law




( )
.
It is the law of laws most
sacred than ordinary laws.

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It may be defined as the main law that
prescribes the following subjects:
1) The Form (kind) of the state: a kingdom or a
republic
2) The kind of government
Presidential or parliamentary
3) The boundaries of the states territory


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4) The public authorities and the relationships
between them
The executive authority
The legislative authority
The judicial authority
5) Public Liberties, and rights of individuals

6) The board lines of the general policy of the
state regarding international commitments,
the policy of education, public health.

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The constitutional hierarchy


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Constitution

Legislations

Regulations

The Constitutionality of Laws:
- Laws are bound to conform to the
constitution in the form as well as in
their substance.
- Consequently, law which is
contradictory to the constitution shall
be declared unconstitutional (invalid)

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The constitution may have:

Firm or rigid
existence:
very difficult to
amend it

Supple or flexible
existence:
It can be amended
by ordinary
procedures of
amending laws
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The constitution



May be granted
as a gift

or may be achieved
after a major
political change such
as a revolution or
securing
independence from
a major colonial
power
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Drafting the constitution

By the parliament
by a nominated committee
or by members of a committee
elected in public elections
* Once drafted it may be offered in a
public referendum for the
approval of the people.

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II. Administrative law




.
The administrative law deals with the
executive authority. It describes the
executive authority in its form as well as in its
activity. (handling all matters of public
interest in all fields of social life)


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Administrative law studies:
The structure of the executive authority.
Administrative decisions.
Public administrations responsibility for its
contractual and non- contractual relations.
The administrative judiciary the council of
the state It rules upon disputes
among private persons and governmental
authorities and gives legal opinion to the
government upon draft projects of laws.

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III. Criminal Law










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Criminal law describes acts considered as
crimes and its sanctions.
According to their gravity and dangerousness
Crimes are divided into 3 kinds:
Felonies
misdemeanors
Contravention
Criminal law defines the elements of each
crimes and the punishment to
be inflicted in case it is committed.

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Criminal law is entirely imperative
it
commands abstention from particular
acts and threatens punishment in
default.
Further, it contains rules dealing with
the limits of the application of the law
and with circumstances which modify or
nullify criminality or aggravate or
mitigate penalties.

Criminal Law studies:
Criminal liability
Aggravating and attenuating circumstances

Legitimate defense
The crimes of juveniles
The criminal law is attached to the law of
criminal procedures
which prescribes the necessary rules for
investigation and trial as well as the manner
of implementing the punishment

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IV Public Finance Law

.

.
.
.
:

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It is concerned with 3 aspects of
state activities:
1-Public revenues
2- Public expenditures
3-The budget


V. Public International Law




Public Int. law includes the rules of law
which regulates the relations between
states and int. organizations. Its rules
are usually discussed under 3 heads:
1) Peace; 2) War; 3) Neutrality

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Public int. law is the science where the
following matters are searched:
Relations among states in the time of peace
and time of war.
Kinds of states and territories.
The territory of each state.
Int. organizations and regional organizations

Int. jurisdiction
Int. Human Rights (the universal declaration
of human rights)
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Subdivision of Private Law
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1- Civil Law


2- Law of Civil and Commercial Procedure


3- Business (Commercial) Law


4- Maritime Law
5- Aviation Law
6- Private International Law

7- Labor Law
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Subdivision of Private Law

Branches of Private law




.

.

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I. Civil Law

Civil law is the main branch of private law. It
is the origin of all other branches of private
law.
Civil law is the law which governs and
regulates pecuniary relations between
individuals. It deals with ownerships,
obligations, rights, contracts, special
contracts,

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The Egyptian Civil law contains a preliminary
chapter and three main parts:
Rules relating to the conflict of laws between
different states laws, and the conflict of laws
as to the time of their application in a given
country

2 Rules relating to the capacity of persons.

3 Rules relating to the abuse of rights.


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4 Rules relating to the natural and
juristic persons.

5 Rules relating to the classification
of things and properties.



The 1
st
part of civil law is divided into the
following:

a) Sources of obligations:
Contracts
Torts
Enrichment Without cause
Unilateral will
The law

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b) Effects of obligations
Performance
Performance by way of allotting damages
Modalities amending the effect of obligation c)

* such as terms & conditions
D) Transfer of obligations
By way of assignment of debt
By way of assignment of right

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e) Extinction of obligation
By payment

By set off
By novation
By subrogation
f) Rules relating to evidence
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The Second part of Civil law:

1) Contracts of ownership

Contract of sale
Contract of company
Contract of donation
Contract of Loan
2) Contract of usufruct of things


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3) Contract of services
Contract of enterprise
Contract of labor
Contract of deposit
Contract of mandate
4) Allegory Contract EX: insurance
Contract
5) Contract of suretyship

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The 3rd part of Civil Law is talking about real
rights & it includes two books:

1) Original Real rights

The right of ownership & its derivatives
(usufruction, the right of use, ... )
2) Accessory real rights

(hypothecations or mortgages, pledge, the
right of privilege, )

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There are some part of civil law which have
recently formed new branches, such as :
Agrarian Law
Labor law
Intellectual property law
The Egyptian Civil code was issued in 1948
and entered into force in 15
th
of October
1949

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II Business (Commercial) law

.


.





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:

. :



40
( )
.
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Commercial law is the branch of law which
regulates commercial acts and contracts, as
well as the community of merchants or
traders.
Commercial law is considered a specific
branch of law driven from civil law which is
the general law . Consequently,
where no provision is found in the
commercial code for a given problem,
recourse shall be made to the rules of civil
law and the rules of commercial custom.

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Commercial law rules handle the
following matters:

1) The theory of commercial action
ex: purchasing with the intention of
resale , brokerage
, banking operations, the
enterprises of industry, auction
, commercial agency
, supply, entertainment.
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2) The conditions of acquiring the quality of a
trader the legal capacity
of the trader and their duties regarding
commercial register, commercial books
3) Commercial Companies (firms): the joint
stock company , the limited
liability company, partnerships
4) Commercial Contacts Ex:
Commercial sale of goods
commercial agencies
commercial pledge

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5) Negotiable instruments Ex. Bills
of exchange Promissory notes
, Cheques
6) Banking operations Ex. Current
accounts credit facilities
Documentary credits and
guarantees
7) Bankruptcy : A system laid down for
merchants who cease to pay their
commercial debts
8) The commercial business: Le fond de commerce:
comprising corporeal elements thereof.

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There is two branch of private law annexed to
the studies of business law:

Maritime law
Is concerned with the
matters relating to
trading by sea, it
covers the study of
vessels and the
rights relating to
ships, marine
transport, marine
insurance

Aviation Law
Is interested in
the legal status
of the aircraft,
air transport, air
insurance, etc.
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There are commercial Courts or
commercial circuits
to consider commercial
lawsuits brought among merchants
or relating to commercial actions or
acts.
Lawsuits concerning commercial
matters must be ruled upon
urgently

The enforcement of commercial
judgment is facilitated as the judgment
creditor can apply for execution or
enforcement prematurely before the
judgment becoming final.

The law of international trade is known

as: lex Mercatoria

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Introduction to labor law
Thank you
Judge/ Hany GEORGY
E-mail: hanyfathy70@yahoo.com
Mobile: 01001450033
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