Employment practices and employment law - Assignment Example

Employment Practices and Employment Law Employment Practices and Employment Law Introduction Employment-related laws are important in governing the relationship between the employers and the employees in their daily work environment. Most employment laws allow employees or junior staffs to sue their employers for violating any of their rights and fundamental freedoms. Employment laws protect the rights of employees against any form of discrimination, molestation and biasness intentionally imposed on them by the employers at the workplace and the overall work environment.

For employers, employment laws stipulate ethical codes of conduct that are viable and consistent with effective workplace practices. Case QuestionsQ 1 Similar to the court’s position, the name that workers use does not necessarily identify them as employees. Workers, therefore, are not necessarily employees to any company. This implies that by referring to themselves as employees is invalid. However, they still enjoy the protection of the law as workers assigned specific roles to conduct during certain period of their involvement with Friendly.

This mean that employment laws are not biased on certain groups of workers and or employees regardless of where they work (Bennett-Alexander & Hartman, 2012).An employer refereeing to workers as independents contractors or employees does not affect or influence the law. This is because; the responsiveness of the employment law does not discriminate between naming system, rules, laws and policies of the company relating to its workers. On the other hand, it somewhat matters how the employer calls his/her employees.

If the laws were very strict, referring to the employees would be by relevant designations to easen compliance monitoring (Walsh, 2013).Q 2According to Bennett-Alexander and Hartman (2012), one factor that is critical in the determination of the employment status within Friendly is the company’s prohibition of the drivers from operating the business autonomously and developing or creating entrepreneurial opportunities with the prospective and existing customers. It pre-empts a form of molestation in which the drivers (employees) lacked freedom to make free decision and socially interact with prospective customers.

The drivers were to follow strict orders from above and probably follow the same without questioning.The best advice that that a person can offer to the Friendly Cab include changing the existing employee operational means that encompass a complete lack of autonomy in going about the daily works. It should also undertake to control the rate of regulation of how the drivers should operate their taxicabs, reimbursement of drivers who take part in other parallel activities of benefit to the company, and increased flexibility in dress codes among others (Walsh, 2013).

Q 3 In the case, workers are part of Friendly’s operations. They serve for the good of the company and take part in the overall growth and development of the company’s premises and profit base. While employees refer to persons who can transact any business on behalf of the company, independent contractors should work autonomously on fixed term or basis, and in most cases are not part of the company, meaning that they cannot conduct or transact business on behalf of the company (Brown, 2012).

Drawing from the provisions of the law, as stipulated in the Act, employees are the main drivers of Finley. This is so even though the company make them work as mere independent contractors. Legally, they should transact business on behalf of the company within the legal sets of procedures.ReferencesBennett-Alexander, D. & Hartman, L. (2012). Employment Law for Business: 7th edition. New York: McGraw-Hill Irwin.Brown, R. C. (2012). East Asian labor and employment law: International and comparative context.

Cambridge: Cambridge University Press.Walsh, D. J. (2013). Employment law for human resource practice. Mason, OH: South-Western Cengage Learning.