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Legal Environment of Business - Research Paper Example

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In the paper “Legal Environment of Business” the author analyzes rules and regulations governing employers and employees to coexist peacefully. He gives an examples ot the company Mary which experiences challenges associated with the difference in the existing labor laws…
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Legal Environment of Business
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Legal Environment of Business Legal Environment of Business Introduction International labor organization is an organization that aims at improving working conditions of workers, enhancing standards of living and ensuring fairness and equity amongst employees. European Union employment law offers protection to employees in the European Economic Area (EEA). Compliance to the OSHA Act is enforced by a federal agency, the Occupational Safety and Health Administration (OSHA) (Berg, Block & Roberts, 2003). In resolving health and safety issues, it is strongly recommended that they are first reported to supervisors, managers or organizations health and safety committee. After this, employees can then contact their local OSHA or regional office to set up a tribunal. Rules and regulations governing employers and employees aim at ensuring that the employees and the employer coexist peacefully. The various employee responsibilities bond them to their employer entitling them to various rights. The regulations may be similar in both Europe and the U.S while some of the principles differ especially on their approach to issues concerning labor relations. Since the company Mary works for operates in both jurisdictions, she may experience challenges associated with the difference in the existing labor laws when seeking a solution to her problem (Wanda, 2010). Employer Responsibilities The primary goal of the international labor organization is to monitor employers and ensure that they offer good working terms and conditions to their employees. Additionally, they should improve the employees living standards, and ensure there is fairness and equality when treating workers from all countries. ILO undertakes its functions through various ways that include the issuance of international labor standards, organization of conferences and workshops that drafts international labor conventions, in addition to providing technical assistance, to their member states (Berg, Block & Roberts, 2003). European Union employment law protects all employees in the European Economic Area. However, each country has its own employment regulations. The employment laws cover issues to do with working conditions, wages and immigrant workers. In both Europe and the U.S, it is the obligation of workers to perform their duties with respects and veneration to their employees (Wanda, 2010). This relationship is founded on shared understanding and trust. The employees should work towards meeting international standards. Loyalty amongst employees and the employer is also critical, and it is, therefore, illegal when employees perform actions jeopardizing their employers interests. The relationships between employers and employees in Europe and the U.S are an equivalence of a master-servant relationship. The employer, therefore, possesses absolute power over the employee. Despite this, labor laws have been enacted in both Europe and the United States setting minimum wage limits. This protects the employer from exploitation. Among the basic rights the employee enjoys include, a right to be provided with a healthy and safe environment, right to air their grievances and a right to fair treatment (Berg, Block & Roberts, 2003). Amongst the countries that have been in the forefront of shaping labor laws and guidelines in the world are European countries and the United States. Despite Europe and United States cooperation in the development of what can be termed as labor standards that are acceptable globally, there exists various significant differences on how the two authorities conduct employment related issues (Wanda, 2010). The most significant dissimilarity amongst the two is that while United States emphasizes the independence of the market place where the market forces determine the prices and equity, Europe emphasizes on putting in place legislation that ensure fair labor relations. United States argues that the market is an independent mechanism that regulates itself in the short run and long run to ensure that suitable labor conditions exist. Additionally, the proponents of this believe that the principle leads to the advancement of fairness, which consequently leads to both the employer and employees balancing power hence a fair relationship. This has made the government give less emphasis to regulations with regards to labor issues. European countries, on the other hand, believe that leaving the markets unchecked results in situations whereby we have a large power imbalances between the employers powers and the employees responsibilities. The imbalance results in exploitation of the weaker party. It is abundantly clear that European countries lay more emphasis on regulations and legislation to bring about fairness in labor relations between the employees and employer. This explains the existence of many government regulations and workers lobby groups in Europe compared to United States (Wanda, 2010). If Mary chooses to file a formal complaint with a government agency, he is likely to face many challenges. First, the differing rules and regulations in Europe and United States will pose an extremely serious challenge if she decides to lodge her grievance with the recommended agency. This is because action cannot be applied uniformly across the various departments in the different countries. Additionally, she will have to come to terms with the fact with the various issues considered as an offence in one country may not be the same in the other country. Fellow employees may also victimize her since they might interpret this as alienation. Consequently, the supervisors in the U.S and Europe might take exception with her decision to bypass their authority if she reports the matter directly to the designated agency. They will further be interpret this as demeaning towards the authority exemplified by the supervisors power. 3. What kind of reaction will Mary get from her supervisors in the United States and Europe? The supervisors and other employees of the organization might advance a bad perception and attitude towards Mary terming her as a worker without regards for her colleagues and one who alienates herself and advances her own interests without much regard of others. From my perspective, Mary should ignore the poor perception she might get from her workmates and report her manager to the managers supervisors. Although this might put Mary at loggerheads with the manager and the offended employees in the department, it has still proved to be the best way to go about the issue. The actions of the other workers are a violation of their sense of responsibility not only towards the organization, but also towards the organizations resources. Marys actions show her sense of responsibility and an action with the interests of the organization at heart. Remaining silent, allowing the vices to continue will mean that Mary betrays her personal values, and consequently neglecting her responsibility towards her employer. References Berg, P., Block, R. & Roberts, K. (2003). Comparing and Quantifying labor Standards in the United States and The European Union. Retrieved from http://www.ilo.org/public/english/iira/documents/congresses/world_13/track_3_block.pdf Wanda, T. (2010). Rights and Duties of Employers and Employees. June 16, 2011. Retrieved from http://www.ehow.com/list_6673660_rights-duties-employers-employees.html Read More
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