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Employment law regulates minimum wages, child labor, discrimination, and hiring criteria. Industrialized countries have stricter regulations than undeveloped nations. Background checks and lie detector tests may be limited by law.
Minimum wages and child labor are two areas of employment law that are more strictly regulated and enforced in industrialized countries than elsewhere. Democracies also tend to have anti-discrimination laws, which prevent employers from making decisions based on certain criteria. These same governments commonly impose regulations requiring employers to set criteria for certain positions. In some cases, the employment law also regulates pre-employment background checks.
Employment law varies by jurisdiction. In some places there are much more regulations than in others. For example, an industrialized country may have a minimum wage, but a third world country does not. Minimum wage laws prevent employers from hiring people to work for less than a certain rate and are used to prevent businesses from exploiting individuals’ need for work.
Another difference between industrialized and undeveloped nations is the prevalence of the hiring law to protect children. Developed countries typically have very strict regulations regarding the types of work that can be taken on for minors. There may also be restrictions on the times of day they are hired to work. These laws generally aim to ensure that educational opportunities are not compromised for employment.
The imposition of further restrictions on who is employed for what type of position can be regulated by the employment law. Companies are generally given considerable freedom in choosing the criteria that determine the best candidates for the available positions. In some cases, that freedom is limited by laws that may require certain types of education for people holding certain positions, or may prevent people with a particular background from holding certain positions. For example, the hiring law may prohibit a sex offender from working in any type of educational facility.
Anti-discrimination laws also limit an employer’s ability to develop criteria for making hiring decisions. These are rules that prevent employers from offering or denying employment based on characteristics such as religion and homosexuality. Many of the factors considered discriminatory are things that cannot be changed, such as disability, race, and ethnicity. Discrimination laws also tend to prevent companies from developing policies or assigning assignments based on those characteristics. Under these laws, for example, a company cannot say that every African American it hires must be limited to post positions.
Employment law may prohibit employers from requiring people to take a lie detector test as a condition of employment. Some jurisdictions allow lie detector tests on a limited scale. When permitted, however, the circumstances may be strictly delineated by law.
Employers are often permitted to conduct background checks on applicants before offering them positions, but hiring law can determine how this is done. It may require applicants to be notified of such measures and to sign releases for certain types of information. The law may also limit the type of information that can be requested.
