Individual Rights Employees Have within an Employment Relationship - Assignment Example

UAE Law Introduction Employment legal cases and processes have been rising in the society. Employers have many times failed to realize that they can reduce the flame during employment course by being honest with employees about concerns and problems and by putting in place mechanisms that would allow them to effectively manage employee discipline, discharge and performance. It is less costly to have good practice in employee relations management than cost of defending the organization against a lawsuit. If employers implement good practice for employee relations they will avoid litigation. Employees have individual rights that if not respected by the employer it will lead to litigation. TASK A Explore individual rights your employees have within an employment relationship. You should cover the following Describe at least two internal and two external factors that impact on the employment relationship Employment relationship is the link between employers and employees which exist when an employee performs services or work under certain given conditions in return for remuneration. Defined obligations and rights between employee and employer are created through the employee relationship. Employment relationship is affected by external and internal factors. Organization politics as an internal factor can have either a positive or negative impact in the work place and can also reflect the kind of labor relations policy that an organization can have. An organization that entertains nepotism can provide high favoritism in work promotion and fraud in financial transactions. Another internal factor is changes in management. Employees will be concerned about its effect on their jobs, advancement opportunities, pay issues, working conditions and benefits. Inflation as an external factor can affect employment relationship negatively. The employer may be unable to raise the salaries as expected by employees who may become discontented and seek for greener pastures. This may affect the organization’s profitability. Labour unions as an external factor can influence employment relationship. They bargain with employers on workers’ behalf and fight for better workers’ benefits, wages and better rights. However unions can harm the companies that employee their members because these unions can increase cost of labour which lowers profits and industry competitiveness. At least three types of employment status and at least three reasons for the importance of identifying an individual’s employment status. There are different types of employment status: worker, employee or self –employed. Workers are those working under various contracts. Employees are workers though they have different responsibilities and employment rights than workers. For an individual to have a ‘worker’ status he must perform the service or work personally without substituting another person and the work should not be part of his own business. The ‘employee’ status applies to a large group of people in the workplace. Employees are workers though they have a wide range of responsibilities and rights to and from their employer, like they need to be providing an employer a minimum notice period if they want to leave their jobs. Employees have an employment contract in under which they work. ‘Self-employed’ status is where an individual is his own boss. The individual benefits from protection of his health and safety and protection against discrimination. He is identified by the fact that he is in business by himself and provides services to many clients. They are independent than workers as they have control on how and when to deliver the service and to who. Identification of an individual’s employment status is very important to an organization. There are different legal rights for each type of employment status, and this can only take place effectively by understanding the status of employee’s employment. Employment status determines the rights of an individual at work. Workers have the right to protection against deduction from wages that is unlawful, the right to receive national minimum wage, the right to an annual leave, the right to rest breaks and the right to be protected for whistleblowing. Employees have a right to time off for emergencies, not be dismissed unfairly, maternity, adoption and paternity leave and pay, minimum notice periods if their employment is coming to an end and paid sick leave. The self-employed rights and responsibilities are set out by the contract terms with his clients. He is in a better position to protect his commercial interests. TASK B Explore the importance of work life balance and how it can be influenced by legislation Many employers don’t understand the importance of work life balance. Paying attention to an individual’s private life seems to be an offence. The best-laid career plans stick for long time due to work/life balance. Work life balance is a working practice that purposes to support staff need in achieving a balance between working lives and homes. Stress costs companies a lot of money during working days. Stress at work can be caused by home or work related factors as many employees find it difficult to balance between home and work responsibilities. Employers can help to reduces stress in their employees by implementing a work-life balance strategy. Employees will become more motivated and loyal to the company, increase productivity and reduce absenteeism. Work-life balance strategy should include policies that are friendly to family and equal to all to avoid discrimination among employees with no children. Recruitment and retention issues relate to work-life balance and employers recognize how valuable resource their staffs are and its importance to the business success. To attract and retain employees employers have to make themselves attractive. Legislation influences work life balances in organizations in view of Employment Act. The Employment Act includes staff benefits like increased adoption, paternity and maternity leave. Part-time employees Act ensures that workers working part time are treated on favourable in their terms and conditions just like full-time employees. Children Act requires that parents take parental leave to care for their born children. Summarise at least four areas of legal support that may be given to the employee as a family member An employee as a family member has private responsibilities that he must fulfill. Legislation supports an employee as a family member in ensuring that these responsibilities are done. The first area is time off for dependants. Employee is has a right to take a time off work that is reasonable to deal with an emergency involving a dependant without the employer victimizing him. A dependant is a child, parent or partner of the employee or a person who lives with the employee as part of the family, or a person who depends on the employee to care for him. This may be a paid or unpaid leave depending with the employer. Another area of legal support is parental leave which entitles employees with parental responsibilities as mothers and fathers to take care of their born children. This leave may be taken as soon as the child is born. Flexible hours provided to an employee is another area of legal support. Legislation specifically to help working parents ensures that parents with disabled and young children have more choice and support to balance childcare and work in the beneficial ways to everyone including their children, themselves and the employers. Parents have legal right to request flexible working hours if they have disabled children or under the age of 6. The final area is extended flexible working hours to carers and fathers. A carer is an employee who takes care of an adult being a husband or wife, a close relative and so on. New fathers can take a paternal leave of two weeks to take care of the born child and his mother. Detail at least two reasons that justify treating employees fairly in relation to pay Fairness in paying employees will provide positive employee outcomes. Employees will be much committed to the company and their jobs; they will feel satisfied and will be loyal to the organization. Employees will also be committed to the vision of the company as well as achieving the objectives of the company. Paying employees fairly also retains hardworking employees in the organization. The organization will be able to keep good staff, increase productivity and profitability. Employees are retained because they are motivated. Summarise the main points of at least four areas of discrimination legislation. The first area is gender equality where the legislation requires than organizations promote gender equality and eliminate sex discrimination. Men and women should be treated fairly in the organization in recruitment, promotion and flexible working hours. The second area is employment equality on age which provides protection against any harassment and discrimination based on age. Regulation is provided on the retirement age and the employees have the right to request to work beyond their age. The third area is race relations which explain how unlawful it is to discriminate an individual directly or indirectly on the grounds of nationality, ethnic, discrimination or race. The legislation protects these individuals from harassment, victimization and discrimination. The final area is employment discrimination relating to religion or belief. The legislation protects individuals from harassment and discrimination on the grounds of belief and religion. Explain the good practice that underpin organization policies and can contribute to the psychological contract. A psychological contract is the mutual perceptions and beliefs and obligation (informal) between an employee and an employer. It identifies responsibilities and duties that are mutual in a generalized form. There are good practices that support and highlight organization policies and contribute to the psychological contract. The first practice is providing support for the balancing of work and personal life. This brings harmony into the employees’ lives with methods on prioritizing, time management, roles to play and organization. It enables employees to do right things and do them right. The second is communicating with staff in a better way in order to get things done through them. This provides practice communication skills and understanding that builds trust, teamwork and increase productivity. The third practice is provision of a medium for conflict management. This helps develops skills to identify, analyze and manage conflict. TASK C Consider the approach taken to termination of employment in your own organization (or one with which you are familiar). Difference between fair and unfair dismissals. In Abu Dhabi Municipal Council, a worker’s contract with the organization cannot be terminated due to disability as it will be termed fair. It will only be fair if the physicians through a medical certificate recommends that the worker shouldn’t work due to his total disability ADM deems it fair to terminate an employee’s contract for a valid reason and provide him with a notice of one month to termination. Once the period has expired the employee is paid full pay. There are however special cases as indicated in employee contract where ADM may choose to terminate the contract without a notice. If an employer reveals confidential information of the organization and engages in corruption practices, his contract may be terminated immediately. Also when the employee performance is not as expected by the end of the probation period, defaults several times on his duties, disobeys the organization’ working rules, assaults workmates and his supervisor or constantly becomes absent from work without a good reason then his employment contract may be terminated immediately. Lack of appropriate medical fitness is not a valid reason for ADM to terminate an employee’s work contract, unless employee has exhausted all the sick leave and annual leave days given to him. It is unfair to dismiss an employee for taking or seeking maternity or parternity leave, requesting for flexible working arrangement, seeking a statutory employment protection right in good faith, being a member of trade union or for refusing to terminate his membership with a trade union. The importance of exit interviews to both parties An exit interview is a meeting between a representative from HR and a departing employee who has voluntarily resigned or has been laid off or fired. HR may take notes while asking the employee questions or may ask the employee to complete a questionnaire. The importance of exit interviews to an organization like Abu Dhabi Municipal Council is to improve working conditions and retain employees. Another importance is that it helps employers avoid costly litigation in the long run caused by displeased employees. The organization can use the data collected from the employee against him in court in case of anything. The employee has a chance to give out his views and concerns about the organization and his suggestion may end up being implemented. Key stages to be followed in managing redundancies. Redundancy is when an employer has no work or insufficient work for the employee to do. The first stage is strategy development to support employees leaving and those remaining, through planning and consultation with the key stakeholders. This provides control for an organization over what information is to be released, when and how. It also reduces rumour that may damage the situation thus lessen reactions, and unites both staff and senior management in common fight for survival. The second stage is minimizing redundancies by examining all avenues for minimizing cuts in jobs and effects of redundancies people and the key positions. The third stage is selection in which care and attention is given to selecting. The fourth stage is notification where a senior manager announces the restructure and decision of redundancy. The fifth stage is selecting an outplacement provide to provide assistance and support to help people make the transition. The sixth stage is stabilization and evaluation by concentrating on those indirectly affected about the whole situation and yet the organization still depends on them. Their emotional reaction to the change needs addressed promptly. The final stage is evaluation. The process is evaluated and delivered with the staff that are remaining and development of a clear organization policy is done for the way forward. Reference Currie, D. (2006) Introduction to human resource management: a guide to personnel in practice. London: Chartered Institute of Personnel and Development. Daniels, K. (2008) Employment law: an introduction for HR and business students. 2nd ed. London: Chartered Institute of Personnel and Development. Gennard, J. and Judge, G. (2005) Employee Relations, 4th ed. London: Chartered Institute of Personnel and Development. Martin, M. & Jackson, T. (2005) Personnel practice. 4th ed. London: Chartered Institute of Personnel and Development. Willey, B. (2009) Employment law in context: an introduction for HR professionals. 3rd ed. Harlow: Pearson Education. Read More