Compensation and Benefits in Regards to Legislations - Research Proposal Example

Compensation and Benefits Running Head: COMPENSATION AND BENEFITS Compensation and Benefits in Regards to Legislations By: Compensation and Benefits 2 Abstract This study tackles compensation and benefits, wherein the rights of the laborers or workers are given emphasis. The work also confers the importance of their safety and protection, security and other concerns were elaborated. Specific requirements to improve employees’ capacities and qualifications were ordered and were required to be immediately implemented by employers. Benefits that cover injuries and other accidents (which greatly affect the employee’s financial capabilities) including their families and other assistance were also part of this work. Compensation and benefits basically are employees’ protection, but most of the workers experience deprivation. However, the government aims the development of labor group and several orders---which were conferred on this work---were enacted to achieve this. Compensation and Benefits 3 Racial discrimination is a major social issue that has a significant effect on a person’s life, especially the lives of the ones being discriminated. Even at the immediate moment, when it is said that discrimination has diminished, it is still evident in several workplaces. It is one reason why certain positions are filled only by American (White Race), and the Blacks, as well as the other races still don’t get as much opportunity. Executive Order 11246 and other labor laws were enacted to put a stop to this. Another factor that affects the labor group is gender discrimination. Most companies opt to hire men over women for the reason that women are entitled to maternity leaves. True, this may have a negative effect on companies especially with jobs that can’t wait or the ones that require daily transmission or submission of documents. Maternity leave is a paid absence, hence, the company is ordered to pay for an employer who is not even working. Choosing to hire men over women may seem practical, but it is obviously a form of discrimination and is definitely unjust for women; legislations were enacted to minimize cases of gender discrimination and other instances of unfairness: “Equal employment opportunity” (Executive Order 11246): Part I -- Nondiscrimination in Government Employment Part II -- Nondiscrimination in Employment by Government Contractors and Subcontractors Compensation and Benefits 4 Sec. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts II and III of this Order. Sec. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: ``During the performance of this contract, the contractor agrees as follows: ``(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. ``(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Compensation and Benefits 5 ``(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers representative of the contractors commitments under Section 202 of The provisions of Executive Order 11246 of Sept. 24, 1965” (Executive Order 11246). Despite several legislations, most issues and other concerns that are experienced by the labor groups remain unresolved. These brought about numbers of other orders and legislations aiming to provide solution. “The Federal laws prohibiting job discriminations are: Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older; Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments; Compensation and Benefits 6 Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies (Federal Equal Employment Opportunity (EEO) Laws). ” “The Equal Employment Opportunity Commission, or EEOC, is a United States federal agency tasked with ending employment discrimination in the United States. Signed into law by President John F. Kennedy by Executive Order 10925, it can bring suit on behalf of alleged victims of discrimination against private employers. It also serves as an adjudicatory for claims of discrimination brought against federal agencies (Wikipedia).” Aside from issues of discriminations, safety and health concerns of the labor groups are also a substantial factor. Certain professions have higher risk than others, examples of these are the ones dealing with chemicals, or works in the constructions for hazardous tools are used almost in a daily basis. The Risk Occupational Disease Notification and Prevention Act will alleviate the increased incidence of these accidents and will aid in deterrence of ailments and disorders that Compensation and Benefits 7 could be brought about by these perilous jobs. Lives of numbers of laborers are at stake and this is why several federal legislations are being enacted. “Risk Occupational Disease Notification and Prevention Act were being considered by Congress, this bill would require employers to notify current and former employees about diseases that occur at a disproportionate rate among the employee population of which the employees are members. The idea is to ensure early detection, monitoring, and treatment of occupational diseases. Regardless of the fate of the High Risk Notification Act, federal legislation to deal with occupational diseases is likely to be a prominent concern in the next decade. Another reason is the tragedy that will play for the balance of the century and continue to draw rage reviews: the thousands of workers who have already been exposed to fatal doses of asbestos and who will develop diseases after latency periods that run for decades (Burton, p.7). “The concept of equal employment opportunity involves the right of persons to apply and be evaluated for employment opportunities without regard to race, color, religion, age, national origin, sex, disability. It guarantees everyone the right to be considered solely on the basis of his or her ability to perform the duties of the job in question, with or without reasonable accommodations as appropriate (Office of Equal Opportunity and Diversity).” The federal government is trying its best to provide solution to this, but it is palpable that the attempt has not yet achieved its purpose. It is the government’s function to ensure the wellbeing of the workforce, and it is their obligation to provide assistance to the laborers. The government works hard to make these demands available, but they need to work harder for not until these are granted, chaos and disputes would last. Compensation and Benefits 8 It is also important for the companies to concede what is being asked for, to comprehend the people’s advocacy. This is not an issue of power or control, and neither is about profit and loss, nor further company expenses. It is a matter of fairness, of giving what is ought to be given; aiming for the fulfillment of what needs to be implemented. It is a continuous battle between the labor groups and the employers. It is a saddening fact that despite numbers of federal laws enacted, efforts and struggles given by the workforce---reasonable remuneration and rational benefits are still not within their reach. However, these people---who are now becoming more aware of their rights---knowing entirely what they deserve, would persist on this fight, and it is apparent that they will not be obstructed, not until they get the core of this wrangle. Reference List Burton, John F (1998). New perspectives in worker’s compensation. New York: Cornell University Press, p. 7. Executive Order 11246. Homes and communities. Retrieved April 26, 2008, Website: < http://www.hud.gov/offices/fheo/FHLaws/EXO11246.cfm>. Federal equal employment opportunity (EEO) laws. Retrieved May 03, 2008, Website: . Recruitment Manual. Office of equal opportunity and diversity. Retrieved May 03, 2008, Website: < http://www.uiowa.edu/~eod/searches/manual/glossary/index.htm>. Equal employment opportunity commission. Retrieved May 03, 2008, from Wikipedia, Website: < http://en.wikipedia.org/wiki/Equal_Employment_Opportunity_Commission>. Read More