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Legal Aspects Associated With Performance Management Programs - Assignment Example

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In all organizational jurisdictions labor laws are in place to protect employees, while ensuring that the right processes and conducts expected of employers are honored (Farndale, Hope-Hailey & Kelliher, 2011). For any performance management program, one of the most critical…
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School: Topic: LEGAL ASPECTS ASSOCIATED WITH PERFORMANCE MANAGEMENT PROGRAMS Lecturer: In all organizational jurisdictions labor laws are in place to protect employees, while ensuring that the right processes and conducts expected of employers are honored (Farndale, Hope-Hailey & Kelliher, 2011). For any performance management program, one of the most critical steps to take to ensure that it is continuously in compliance with all relevant laws is to seek the input of an official legal person. In most cases, human resource managers and employers take such little legal issues for granted, thinking they can easily be brushed aside or go unattended. This is however not the case as such laws that infringe on the rights of employees in terms of workplace opportunities could go long ways to land the organization in serious legal tussle and litigation. Employing and including the successes of a legal representative in such sensitive but easily forsaken issues is thus considered a step in the right direction.
In order to safely address employee issues governed by these laws without violating them, the human resource personnel must respect the concept of division of labor and allow the right person to work where necessary. That is, legal advice should be taken from the company’s lawyers and rightly applied. Once this is done, it is not expected that any laws will be violated as the lawyers will be in the best position to give the right interpretation of the laws.
As far as consequences are concerned, there a number of them, depending on how affected employees decide to take up issues (Hellqvist, 2011). In the worst case scenario, an aggrieved employee can sue the organization for acts of discrimination which prevented them from developing themselves. Also, because the laws are made in relation to employee performance, violating them could come with the consequence of forfeiting any benefits that employee development could have brought to the organization. Last but not least, such violations could lead to negative publicity for the organization.
References
Farndale, E., Hope-Hailey, V., & Kelliher, C. (2011). High commitment performance management: The roles of justice and trust. Personnel Review, 40(1), 523.
Hellqvist, N. (2011). Global performance management: A research agenda. Management Research Review, 34(8), 927-946. Read More
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