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ΕλληνικάWhat is labour law
Labour law is a branch of law that covers the relationship between employers and employees, including what employers can expect and demand from employees, as well as what rights employees have in the workplace. Labour law also deals with legal issues related to self-employment.
It is a broad topic, and those who work in the fashion industry, like any other industry, must comply with the requirements of the law. Indeed, some labour law issues are quite common in fashion, such as the issue of restrictive covenants. Finally, there is a growing trend toward self-employment in the industry.
There are two types of labour rights: statutory rights (which are rights conferred by laws of Parliament and EU regulations) and rights specified in the employment contract. Statutory rights are absolute, and among the most important of these is the right of the employee:
- you cannot be discriminated against,
- earn at least the national minimum wage,
- the right not to make payroll deductions,
- detailed payroll broken down by income and deductions,
- the right to leave of absence,
- the right to maternity leave,
- the right to accompany the union representative in disciplinary and grievance proceedings.
Violation of the law gives the employee grounds to file a lawsuit.
Given the nature of the fashion industry, there are certain aspects that are unique to the industry. An example of this is the use of restrictive covenants in employment contracts, which is a broad term in a contract that prohibits an employee from doing something. For example, employment contracts for models may contain clauses that a model cannot increase 2 cm in her waist. This type of regulation is not unheard of in the industry.
If you want to challenge a restrictive covenant, it is based on the fact that it cannot go beyond what is necessary to protect the employer’s legitimate interests. Thus, if a restrictive covenant is not designed to protect a legitimate business interest, or if it goes too far, the courts will find that it is unlikely to be enforceable.
Many people in the fashion industry are self-employed, and indeed there is a growing trend not only in fashion, but in general, to be financially active as a self-employed person. The definition of a self-employed person is an independent entrepreneur or contractor who determines for whom he or she works, how and when the work is done.
Examples of freelance jobs in the fashion world include:
- model – many models are classified as subcontractors for modelling agencies or as freelancers, which means they have to find work themselves,
- photographer – a profession suitable for self-employment. Photographers expect a portfolio in which they can demonstrate their technical skills,
- stylists – personal stylists and makeup artists are usually independent,
- designers – 25% of fashion designers are self-employed,
- marketers – an often overlooked but fundamentally important role in the industry[1].
[1] LinkedIn “Fashion Industry & Employment Law” https://www.linkedin.com/pulse/fashion-industry-employment-law-bruno-rodrigues