The Effects of Law and Management in Various Organisations in the Modern Society - Essay Example

? Law and Management al Affiliation: Introduction Law ad management in the employment sector is a significant matter as itcontrols all the activities that take place in the organisation. Law refers to coordination of rules and regulations that are enforced in social organisations to manage behaviour. Management, on the other hand, refers to the act of having people coming together in order to achieve set goals. This majorly applies to entrepreneurial organisations as they set goals and have to implement some strategies for these goals to be achieved. Management entails planning, organising, staffing, directing and controlling an institution with the aim of accomplishing goals. This essay will look at the effects of law and management in various organisations in the modern society. In every organisation, there are different types of managers who have their own styles of leadership. This is what makes production of goods and services in these institutions different. Organisations may be dealing with the same line of production, but it is clear that there are those that have more clients compared to others. Some have the right number of employees in the company to run daily operations, but some cannot achieve their goals because of lack of labour supply. This essay will therefore look at management and law in the employment sector, looking at how employees should be handled, how they work in a stress-free environment and how they relate with their superiors at work. It will generally look at environment at work and how laws should be implemented to make certain that production of goods and services is done effectively. In his article, Middlemiss points out that in most institutions, organisational psychologists have always defined and characterised employment correlation in terms of psychological deal. This has been the trend for over 40 years, and within the same period, judges have through their decisions, set terms that are applicable to all employment contracts. Commentators on the other hand have analysed these terms in substantial details drawn from both practitioner and academic backgrounds. In this article Middlemiss particularly aims at analysing the nature and significance of the notion of psychological indenture and takes into consideration its application in the notion of the most significant implied terms in the employment contract (Middlemiss 2011: 42). Middlemiss wrote his article from a review of secondary basis of the two subjects covered. In this article, therefore, he explains the employment relationship and the contract of employment. The two subjects have a common purpose in a way, and Misslemiss goes ahead to explain more about their potential and roles for combined deployment in the place of work. This article is significant as the context in it entails the nature and effects of two contractual forms that control correlation in the employment sector. This clearly shows the methodology used by many organisations to undertake their operations and how the employees are handled to ensure that they all have a favourable environment to work in. According to Middlemiss, both psychological and contractual terms have effects on the employment sector in every organisation. The psychological contract is somehow problematic as it is derived from notions from various researchers which make it difficult to be defined. In this case, it is hard to undertake organisational operations using this contractual terms because they are derived from other sources. Implied contractual terms, on the other hand, are easier to use in an organisation as they are formed by the internal managerial staff. It is easier to work with such terms because they are internally formed, and no ideas are borrowed. With this type of contractual terms, it is possible to undertake operations easily without inconveniences as they are decisions that are made within the organisation. Though they both have effects on employment laws, the difference is that implied terms are from within the organisation while psychological terms are ideas borrowed from other researchers. Law and management vary from one institution to another depending on the leadership styles of the managerial staff. These two fields have impacts on various sectors of employment in organisations. They affect the following subjects: health and safety, arbitration, discrimination and harassment, general workers’ rights. Under law, there are subdivisions of laws that govern institutions in order to make certain that there are effective operations. The various types of laws include: Health and safety law This entails rules and regulations that support the health and safety maters of employees to make sure that they work under normal conditions. Employment law This is a law which supports all employees including new employees and old ones in an organisation. They should all be treated equally despite the fact that they have been employed at different times. Criminal law This is a law containing rules and regulations that should be followed to make sure that all facilities and resources in any given organisation are kept safe. This is because at times there are employees who turn out to have theft character or other criminal characters. Such employees should be taken before the authority for necessary punishment to avoid other similar cases from arising. Federal discrimination law This is a law which makes certain that all employees, whether part-time, full-time, temporary or seasonal, are all treated as expected in places of work. It covers various fields such as rights of employees, responsibilities of employees and responsibilities of managers. Employees have several rights that should not be violated. Among the rights of employees are: Work free of discrimination: In this case, supervisors have no right to make decisions in regards to colour, race, religion, national origin, sex, disability, marital status or age. This right is applicable to all types of job decisions generally including promotions, wages, hiring and even benefits. Work free of harassment: Employees should work in favourable environments which are free of harassment based on race, religion, colour or any other issue that makes individuals different. Complain about discrimination at work, without reprisal: Employees have a right to illegal treatment in their respective places of work. If job discrimination is reported, the supervisor is expected to respond appropriately and not harassing or pushing away the employee. Request for changes in workplace in relation to religion or disability: Employees have a right to request for reasonable changes in regards to religion, mental or physical ability to avoid strenuous work. Supervisors are in this case expected to take into consideration and see whether it will be possible then to effectively communicate back to the employee in question. Secrecy of information on medical status: They have a right that any information on their medical status that has been shared to the superior staff is kept secret. The supervisors are not expected to discuss medical information of employees with other individual unless in situations where it is needed. This law also gives a restriction that an employer can only ask an employee medical questions to a certain limit. Under the responsibilities of employees there are various guidelines that employees should always follow. In this case such responsibilities include: Avoiding discrimination: Employees are expected and are supposed to treat their co-workers fairly without consideration of colour, race, sex, religion, disability, age and other facets that involve employees’ relations. Reporting discrimination: An employee is supposed to report any form of harassment or unfair treatment witnessed or experienced personally as this is meant to help enhance harmony among them. Under the category of responsibilities of a manager, there are five basic responsibilities that are raised in this federal law. They include: Avoiding discrimination: Just as the employees are expected to treat each other fairly, the managers are also expected to take all employees equally and not look down upon others. This is in regards to all the facts that involve employees’ relation such as sex, age, colour and race. Reporting discrimination: A manager is expected to take an immediate action and contact the superior body when an unfair treatment or harassment is noticed. Avoiding punishing employees for reporting unfair treatment: Employees have a right to complain and report every activity that they know is not fair. In this case, supervisors and managers should take action and work on the problem rather than punishing employees for speaking out their minds. Granting requests for changes in work places: Requests from various employees for changes in their places of work should be taken seriously because there are certain situations where the employee is forced to do so. In such serious situations these requests should be taken into consideration and worked upon. Keep medical information of employees secret. Supervisors and managers are expected to keep all the medical information shared with them by the employees. Another thing which should be taken into consideration in a working environment is stress. There should be stress management in any given institution in order to ensure that employees offer their services effectively. Managers at places of work should be hospitable to the employees. At the recruitment of these workers, they should have in mind that these individuals have rights and that they ought to be treated as other people. The employees should be provided with all they need to support them at work and help them work effectively. Some of the things the employers should provide for the workers, as Hayes and Ninemeier state, include paying attention to the complaints of the workers, providing a smoke-free area, ensuring that lifesaving equipment and training are accessible and monitoring stress levels. These are some of the responsibilities that the supervisors and managers are expected to take care of. They should also be kind enough to provide programmes that would help employees avoid issues leading to job stress. Examples of these programmes are high-blood pressure control, nutrition and weight management and self-defence. Employers who usually offer these types of programmes realise that their employees need to be active and always stay healthy (Hayes and Ninemeier 2008: 145).This means that the productivity of such employees is always pleasing and with the knowledge they have, they can work effectively and can be reliable. Jaksic and Rakocevic explain that managers in a working environment are vulnerable to stress compared to the employees. This is because the managers have a position in which more responsibility is allocated to them. In their position they take care of many things (Jaksic and Rakocevic 2012: 356) In this case, the managerial staff always has to ensure that the workers are not stressed up because if they all end up working under stress, then work will never be performed as expected. If at a certain point the manager has many issues to handle, it is good to know that the workers are okay so that work can still go on well and as expected without any inconveniences. Pizam also stresses about working conditions where emotional difference is a perpetual feature. He says that such a situation is likely to result in stress-related behaviour shown by the employees (Pizam 2012: 188). It is necessary to ensure that all employees work when they are emotionally stable. This is to avoid stress that might disrupt how they work. In this case, it is the responsibility of both the employers and the employees themselves to control their emotions. The employers have to monitor how the employees work with each other to see that there is no employee who can cause a colleague to have emotional instability. It is because the employee working while having emotional instability cannot concentrate on the work allocated, and the production will be low. The employees on the other hand should ensure that they avoid as much as possible getting into conflicts with the management and the colleagues so that their emotions cannot change. Tesone relates hospitality and stress management to what he says is known as paradigm shift. He talks of a situation where an individual is given food and shelter and another situation where people are trained on how to depend on themselves. He goes on to say that the second paradigm is as a result of the first one. He relates this to a situation in the modern society where managers do not treat their employees. He therefore says that for the managers to achieve their goals, they should be ready to move from a crisis management shift to a mission-driven management (Tesone 2012: 30).This is because at first, help is offered to someone and through this he/she is able to learn more and cannot seek help or assistance anymore. In our contemporary society, it is advisable to help other people and join hands together since team work is stronger compared to work performed by a single person. The process of helping other people is an experience helping to build a good relationship with other people in the community. It is not only beneficial to the person being assisted but also to the one offering assistance because the individual helped builds a good reputation for the other person. With this kind of community helping each other leads to creation of unity and peace among individuals. There are some organisations that connect with their employees and clients online. This is because in the contemporary society, not all transactions are carried out where clients, employees and managers have to meet physically. Hypertext Transfer Protocol. Hypertext Transfer Protocol refers to an application for disseminated, cooperative hypermedia data systems. HTTP is the basis of data communication for the Globe Wide Web. It is a multi-linear combination of objects, setting up a network by using reasonable links. HTTP is therefore, a protocol to transfer or exchange hypertext (Hillebrand 2010: 59). The standards progression of the HTTP was organised by the World Wide Web Consortium (W3C) and the Internet Engineering Task Force (IETF). HTTP was founded by Nelson Ted. He was inspired by microfilm-based “memex” by Bush Vannevar. Berners-Lee Tim proposed to what is now referred to as World Wide Web. His team has been credited with coming up with the initial HTTP along with the HTML and the related technology for a text-based web browser and a web-server. An HTTP assembly is a collection of network request-response connections. A client of the HTTP sends a request through the establishment of a Transmission Control Protocol (TCP) to a specific port on a server (Ghai 2005: 60). The client’s message is transmitted through to the server where it sends back a response as a status line. HTTP has various methods used to identify the desired action to determine the response. Conclusion In conclusion, managers are always responsible for placing rules and regulations that govern institutions. This is to ensure that employees carry out their activities effectively so that clients may be served in a satisfactory manner. Rules and regulations act as guidelines for employees and managerial staffs of various institutions to team up and achieve set goals. Recommendation For an organisation to have effective services of goods and services, there are some implementations that should be involved. Implementations of beneficial strategies will not only benefit the organisation in terms of effectively serving the clients, but it will also help the institution to achieve its goals. The main aim of any entrepreneurial organisation is to make high sales of products and make profits. In this case, for effective service production, employees should be well treated so that they can cooperate and make certain that daily tasks are done to completion. First, the managerial staff should ensure that every employee is comfortable in the fields allocated to them. This is because one can work best in areas of specialisation, and effective results are reached when an individual is interested in the job given. Every managerial staff in any given institution should make sure that employees are allocated to work where they can perform best to avoid inconveniences. Another subject matter that should be taken into great consideration in the employment sector is equality. It is important to note that every individual in a society can work best under certain fields meaning every human resource available is important. This is because without some departments in an organisation, some goals cannot be accomplished. It is the duty of the managerial staff to make sure that all the employees are appreciated since they all contribute to the success of the organisational operations. It is significant they all employees receive fair and equal treatment. This will help boost their morale at work, and they will be able to carry out their duties to completion without or with minimal supervision. In such an institution, the managerial staff is sure of effective production of goods and services as the employees cooperate. Appreciation to the employees should not only be from the managerial staff but also among the employees. They should appreciate each others’ efforts so that all of them may have a feeling that their efforts are appreciated by the rest, which will create harmony among them. The managers should therefore implement a law that makes employees treat each other fairly so that they can work as expected. Any good manager should have in mind all the legal responsibilities that must be adhered to on behalf of the company. With this in mind, a manager will have confidence and knowledge to face all challenges in the organisations and handle all situations following a legal procedure. In this case, managers should have a strong foundation in employment law so that they can succeed in their endeavours. The managerial staffs should therefore acquire knowledge on employment law as it helps them in various fields. It helps them in: Accessing information on major aspects of employment law that offers them support in their managerial positions. Providing information on ways to handle dismissals. Understanding the procedure needed for employment law to be followed. Providing them with information on procedure and details on recruiting new staff. Knowing more about the rights of employees to make certain that they are not violated. With all the implementations in order, an organisation is in a position to make the best out of its daily undertakings making it possible for it to accomplish its goals. Bibliography Ghai, S. (2005) Managing Text Messaging. New York: Sterling Publishers Pvt. Ltd. Hayes, D, K., and Ninemeier, J, D. (2008) Human Resources Management in the Hospitality Industry, Study Guide. New Jersey: John Wiley & Sons. Hillebrand, F. (2010) Short Message Service (SMS): The Creation of Personal Global Text Messaging. New Jersey: John Wiley & Sons. Jaksic, M, L., and Rakocevic, S, B. (2012) Proceedings of the XIII International Symposium SymOrg2012: Innovative Management and Business Performance. New Jersey: John Wiley & Sons. Middlemiss S. (2011) "The psychological contract and implied contractual terms: Synchronous or asynchronous models?" International Journal of Law and Management, 53 (1), 32 – 50. Pizam, A. (2012) International Encyclopaedia of Hospitality Management. London: Routledge. Tesone, D, V. (2012) Principles of Management for the Hospitality Industry. London: Routledge. Read More