Employment Laws in the United States and Europe - Assignment Example

Part Employment Laws in the United s and Europe The labor or employment laws of the United s and of most countries in the European Union, specifically of the United Kingdom are fundamentally the same. Both American and European cultures highly prize work as an indispensable component of civilization and as a ‘strong thread’ in the social fabric (Gompert & Larrabee, 1998). Although there are some minor differences, both the US and the European Union workplace are governed by civil, constitutional and statutory rights of the employer and the employee. Essentially, the rights to equal pay, to privacy, to join or not to join unions, to representation and bargaining, to pensions and social security, to work leaves and public holidays are guaranteed in these regions (Werhane, Radin, & Bowie, 2004). Likewise, workers are also protected against discrimination (based on race, color, religion, sex, national origin, disability, or age), harassment, unhealthy/ hazardous working environments, and unfair dismissal. With these rights, come also the responsibilities of the employee. Aside from arriving at work on time and dressing appropriately (which includes wearing suitable safety equipment if required), employees are also expected to show respect to the employer, colleagues and customers, take care of the company’s property, follow reasonable and lawful orders, obey safety rules and not discriminate or harass other people in the workplace. If these obligations are not met by employees, then their employer also has the right to dismiss their employment (Steingold, 2009). On the other hand, the working hours in the US are considerably shorter than in the UK and the rest of the member nation-states of the European Union. It has been noted that the European Working Time Directive sets the maximum length of working week to 48 hours, and a minimum rest period of eleven hours each day. Although the policy applies to all members, in the UK it is still possible to exceed this limit provided that it is the employee who opts for such a condition (Cressey & Jones, 1995). In France, a recent legislation limits the working week to only 35 hours (but options are still available for those who want to exceed). While in the US, the Fair Labor Standards Act of 1938 allowed for 44-hour work week, which was later reduced to a 40-hour standard in 1950. Despite this law, majority of the American workforce still work more than 40 hours in a week due to the lines of work they have (Mishel, Bernstein, & Boushe, 2003). Challenges in Filing a Formal Complaint If Mary decides to file a formal complaint against her employer on the basis of her somehow ‘insignificant’ situation in the company, then she will face the hardships of proving her case successfully. The burden of proof is upon her and she needs to provide evidence to back her claims. Although Mary is relived by the fact that the National Labor Relations Act of 1935 guarantees fair treatment towards employees and that violation against this charter is punishable by law, she is still required to substantiate that she is treated in an unfair manner by the management and by her colleague for that matter. Furthermore, Mary needs to prove that the workplace has become a hostile environment for her. In legal terms, a hostile work environment is primarily one of the reasons an employee cannot reasonably perform his or her duties and responsibilities. This is due to certain behaviors by management or co-workers that are considered ‘hostile.’ Nevertheless, the said term is still subject to much debate and substantiation (Cihon & Castagnera, 2008). A boss being rude, one who yells and purposefully annoys is a qualified ground for a hostile work environment -- cause for severe physical stress and mental anguish on the part of the employee. Certainly, acts of lasciviousness and other forms of sexual harassment are always deemed constituents of a hostile environment. Yet, for Mary’s case these did not occur. She was not discriminated and she was in no way attempted to be terminated. That is why filing a formal complaint against her employer, elevating it to a government office, is indisputably an uphill climb for this corporate newbie. However, this seeming act of a whistleblower for Mary is still safeguarded by law. Under the Section 8 (Unfair labor Practices) of the National Labor Relations Act, it is emphasized that “to discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony” is legally not permissible (Twomey, 2009, p. 702) Reactions from Management The fundamental right of the employee to express his or her views and vent out grievances against management and work systems is strongly upheld both in the United States and European legal warranties (Twomey, 2009). But for Mary’s case, no matter how one will analyze it, it would just be considered a trivial matter, if not rubbish. As far as her supervisors are concerned, shock and amazement will overwhelm them as her protest is an outright expression of her naiveté and ignorance to the reality of the world of work. Practically, however, the management will face her complaints squarely. If her allegations would have reached the state or federal labor agencies already, then management will have to issue their statements immediately. To be sure, Marys supervisors will categorically deny her claims and would just deem her an isolated case in the company. As a landmark circumstance which caused them unnecessary trouble, the management would certainly no longer hire the likes of Mary so as not to repeat such a dismal period in the company’s history. Recommendations to Mary Mary must admit her lack of knowledge and experience in the corporate arena. She must realize that she still has much to learn, both professionally and personally. With regard to her professionalism, she must understand that the workplace is a ‘jungle’ and that she needs to face the animals -- wild or tamed -- bravely and wisely. Although Mary must also be recognized for her idealism and youth, it is beyond doubt that she also needs to be adaptable in order for her to survive in her chosen career. This is not saying, though, that she would have to imitate the negative traits of her co-workers, instead this should motivate her to rise above their bleak conditions and excel. With this kind of work ethics that Mary would exhibit, then the higher-ups would commend her and eventually promote her to a more powerful position. Now that she already has the authority, the opportune time arrives for Mary to institute reforms in the company, which would start in eradicating the culture of inefficiency, stagnation and mediocrity of workers. Part 2 Who may file Chapter 7 bankruptcy? The most popular form of bankruptcy under the Bankruptcy Code of the United States is the Chapter 7 or straight or liquidation bankruptcy. Any eligible person can file this type, but before the case is approved, a government agent or a trustee will first establish whether or not there are still assets and property available that can be liquidated and utilized to repay the creditors. If it is thus determined that the applicant no longer has any asset, then a report of no distribution will be filed in court. Therefore, in Chapter 7, a debtor would never have to pay the creditor back. Moreover, the creation of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) in 1995, which amended the U.S. Bankruptcy Code, caused for the need for an individual to seek counseling intended to offer alternatives before he or she could file any bankruptcy case. This consumer credit counseling should be approved by the U.S Trustee within 180 days of filing. What are some of the reasons that people file bankruptcy? Unemployment, family problems, huge medical bills and severely overextended credit, among other unexpected expenses are the reasons that people go bankrupt (Sullivan et al., 1999). In a Harvard research project, it was revealed that most US bankruptcies were derived from medical bills. It found out that illness and medical bills caused more than half of the almost 1,500 personal bankruptcies in 2001 (Himmelstein et al., 2005). These people, burdened by debt, file bankruptcy to wipe out their debts and get a fresh start in life. How does bankruptcy affect interest rates on loans? Credit cards? Bankruptcy affects interest rates and credit cards depending on the prerogative of the credit company. A discharged credit card may be cancelled unless a person reaffirms his or her debt. While other firms allow debtor to keep credit cards even after filing bankruptcy depending on the terms and conditions, such as an informed consent and relative duration. In terms of interest rates on loans, credit companies set higher interest rates for people who went bankrupt. Rates range between 25 to 30%. Fortunately, once the debtor already established a good relationship with the company through on-time payment of dues, then lowered interest rates may be implemented subsequently (Elias et al., 2009). References Cihon, P. J., & Castagnera, J. O. (2008). Employment and Labor Law. Thousand Oaks, CA: Cengage Learning. Cressey, P., & Jones, B. (1995). Work and employment in Europe: a new convergence? London: Routledge. Elias, S., Renaur, A., & Leonard, R. (2009). How to file for Chapter 7 Bankruptcy. Berkeley, CA: Nolo. Gompert, D. C., & Larrabee, F. S. (1998). America and Europe: A partnership for a new era. Cambridge: Cambridge UP. Himmelstein, D. U., Warren, E., Thorne, D., & Woolhander, S. (2005). MarketWatch: Illness and injury as contributors to bankruptcy. Health Affairs 5 (63): 63-73. Mishel, L., Bernstein, J., & Boushe, H. (2003). The State of Working America, 2002-2003. Ithaca, NY: Cornell UP. Steingold, F. S. (2009). The employer’s legal handbook. Berkeley, CA: Nolo. Sullivan, T. A., Warren, E., & Westbrook, J. L. (1999). As we forgive our debtors: Bankruptcy and consumer credit in America. Hopkins, MN: Beard Books. Twomey, D. P. (2009). Labor and Employment Law: Text and cases. Thousand Oaks, CA: Cengage Learning. Werhane, P. H., Radin, T. J., & Bowie, N. E. (2004). Employment and employee rights. Hoboken, NJ: Wiley-Blackwell. Read More