Human resources and employment rights - Literature review Example

Providing value and respect to employees can help the organization to avoid several workplace issues regarding employment rights (Bach, 2003, pp.11-13). The study will provide a theoretical framework about the issues arising to several HR practitioners regarding various employment rights. Literature Review Several global organizations face significant challenges due to the regulation on unfair employee dismissal. According to these rules and regulation, an employer cannot simply terminate the employees based on several unethical reasons.

Traditionally, employers recruit new employees based on the competency of the employees and several organizational policies. It is true that several workplace hazards can reduce the ability or physical competency of the employees. In this case, it is the moral right of the employees to expect employment. Few organizations used to terminate them with minimum compensation due to their reduced ability and competency. This issue can hamper the workplace environment of the organization as it can minimize the motivation level of the other employees.

According to Gennard and Judge (2005), government of several countries have introduced several legal HR policies in terms of employment rights in order to provide justice to these disabled employees (Gennard and Judge, 2005, p.198). According to Daniels (2004), OECD countries collaboratively have developed employment protection regulation in order to protect the existing jobs of employees (Daniels, 2004, p.22). According to employment protection law, it is the right of all qualified and suitable employees to enjoy several aspects of employments.

Old employees or several disable employees cannot be terminated for the sake of low performance and productivity. Several organizations have faced critical challenges due to this issue. Decision to terminate an employee can create huge legal risk for the employers. This employee termination activity needs to fulfil the policy of employment. Several workplace conflicts, such as religion, gender, race, ages, disability and national origin issues can violate the organizational culture which can reduce the performance of organization.

The HR practitioners can face several issues related to employment rights. Making inadequate, disparaging and false comments about employees can create serious conflict. Inadequate employee or workforce management and emotional distress of employees will violate the employment protection law. In this case, the employees have the right to file a legal case against the management or the organization. According to Bone (2004), violation of privacy of the employees is strictly restricted (Bone, 2004, p.38). In terms of old employees, it is true that the old employees cannot provide similar physical performance comparing to the young and enthusiastic employees.

Under the Medical and Family Leave Act, the employees have the right to take leave against appropriate claims. In addition, the employers of the organizations or the HR managers are bound to provide leaves to these employees if the claims are reasonable. HR practitioner cannot terminate them or cut their salary based on these aspects. However, several global organizations are facing various legal issues regarding employment rights. An employer cannot terminate an employee without proper and thorough investigation.

In either case, the particular employee can sue the organization legally. If the