Labor Law and Social Security Law
Labor Law and Social Security Law tests the employment relationship, statutory minimum protections, termination, and social insurance. Questions often turn on whether the worker is an employee and whether the employer followed statutory procedure.
Core rules
- Employment is identified by subordination, wage, and integration into the business, not merely by the contract label.
- Wages, hours, rest days, and leave are statutory minimums; an agreement less favorable than the statute is generally invalid to that extent.
- Termination requires a statutory ground and, where required, notice or pay in lieu. Severance depends on the statutory scheme and length of service.
- Occupational injury triggers employer compensation and social insurance claims; causation and the work relationship must be proved.
- Social security claims depend on insured status, contribution records, and the statutory risk insured.
Worked example
An employer dismisses an employee immediately for repeated tardiness without prior warning. Tardiness may justify discipline, but immediate dismissal usually requires serious breach or a statutory ground. The employer must prove the ground and the procedure. If the dismissal is unlawful, the employee may seek reinstatement or a remedy for wrongful termination, depending on the statute. The label independent contractor does not control if the worker was subject to schedules and direct supervision.
Traps
- Accepting an independent-contractor label at face value.
- Treating probation as removing all termination protection.
- Calculating severance from base pay rather than the statutory wage base.
- Missing notice or pay-in-lieu requirements.
- Overlooking social insurance contribution records.