...they decide to discontinue that employment relationship. It’s required to take a position; for or against employment at will for New Zealand employers and describe then trade-offs that would take place if such a policy was introduced to New Zealand law. We do have an example of a type of at will law in New Zealand with many arguing we are half way to the same law currently in place in the United States of America where there have been many arguments for and against the doctrine. Many believe that it is an antiquated policy should be on its way out. However others believe that it has been eroded to the point where it is no longer as straightforward as it was upon its creation and enactment and no longer a threat to employees but rather a law in their favour. To understand employment in New Zealand we must first define the employment relationship. There are three sides to the employment relationship; your side, their side and the law, or; the employee, the employer and the law (Employment Relations Centre, 2006). An employee is “someone who has agreed to be employed, under a contract of service, to work for some form of payment” (Department of Labour, 2011). An employer is an entity who gives directions to a person or worker under an employment agreement then pays wages or salary for the service. The law being; regulations and principles established in a community recognised by the people. By including the law in the employment relationship it ensures that both parties and...
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...Term Paper On ETHICAL AND LEGAL CONTEXT OF HRM Course No: 222 Prepared for Imrana Yasmin Assistant Professor Dept. of Marketing University of Dhaka Prepared by BRAINTRUST Section-B BBA 15th Batch Department of Marketing University of Dhaka Submission date: October 30, 2010 GROUP PROFILE |SL No |Name |Roll | |01 |Asif Mohammad Shakil | 28 | |02 |G. M. Riazuddin | 30 | |03 |Zinat Shahana |102 | |04 |Rifat Jahan |136 | |05 |Shayala Yesmin |160 | LETTER OF TRANSMITTAL October 30, 2010 IMRANA YASMIN Assistant Professor Dept. of Marketing University of Dhaka Subject: Letter regarding submission of Term Paper on HRM Dear Madam, It’s a great pleasure for us to have the opportunity to submit a report on ‘HUMAN RESOURE MANAGEMENT’ which had been a great experience for us to work with such a practical issue & to...
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...Managing Employment Relations Assignment and Content Activity Investigate resources and write a guidance leaflet which covers key points of the areas detailed below. The impact of employment law at the start of the employment relationship including: * 2 Internal and 2 external factors which can impact on the employment relationship * 3 different types of employment status and 3 reasons why it is important to clarify/determine an individual’s employment status Employee rights during the employee relationship including: * The importance of work life balance and related legislation concerning holidays, rest periods, working hours and night working * Family/parent related legal support, including maternity leave, paternity leave, adoption leave and dependents leave * 2 reasons why employees should be treated fairly in relation to pay * The main points of equalities legislation including the concepts of direct and indirect discrimination, harassment and victimisation * The concept of the ‘psychological contract’ and examples of policies and procedures which can underpin this Issues to be addressed at the termination of the employment relationship including: * The difference between fair and unfair dismissal * The importance of exit interviews to both parties * The key stages to be followed in managing redundancies and the impact of redundancy on the whole organisation The impact of employment law at the start of the employment relationship, including: ...
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...1) There are four major types of legislation that affect recruitment and selection in a non-unionized workplace within Saskatchewan. Those types of legislation being: • Constitutional law • Human Rights law • Employment Equity legislation and • Labour law/employment standards and related legislation. Constitutional law as a whole is the supreme law of Canada and has precedence over all other legal means; it consists of a series of Acts and orders passed since 1867 by the British and Canadian Parliaments. Sections 1 – 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms. Constitutional law does not directly affect recruitment and selection activities unless the recruitment and selection practices are challenged in a Human Rights Tribunal or court. Constitutional law sets limits and conditions on what federal, provincial/territorial, and municipal governments and courts can legally do to alter employment policies and practices. Therefore, the interpretation of constitutional law has a substantial influence on every aspect of Human Resource Management not just Recruitment & Selection practices and programs. Human Rights laws across Canada prohibit discrimination in both employment and the provisions of goods and services. Grounds on which discrimination is prohibited in Saskatchewan are: • Race or colour • Religion • Physical or mental disability • Age • Sec (includes pregnancy and childbirth) • Marital status ...
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...CIPD ASSIGNMENT SUBMISSION DECLARATION To be completed by candidate: |Centre name: |ACACIA LEARNING | | |Candidate name: |Ali Yassen | | |CIPD Qualification undertaken: | |CIPD Membership No: | |Unit code(s): |3MER | |Unit title(s): |Supporting Good Practice in Managing Employee Relations | |Unit tutor: |Mr. Kevin | |Date due for assessment: |08-05-2016 |Date submitted: |05-05-2016 | |Word Count: |3490 | |State number of word used | | |Candidate declaration: ...
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...Outcome 1: Understand the impact of employment law at the start of the employment relationship. |Assessment Criteria | |Describe the internal and external factors that impact on the employment relationship. | |Indicative Content | |Context: | |the context within which the employment relationship operates, the impact of internal and external factors. | |Think about your own organisation and consider the internal and external factors that may have an impact on the employment relationship | |Describe at least 2 external factors and explain why they have an impact | |Describe at least 2 internal factors and explain why they have an impact | | | |The employment relationship is principally governed...
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...434 Week One The Legal environment of employment Introduction This week you will begin the exploration of the legal environment in which the employment relationship functions. This exploration will include a look at how our federal system of government works relative to the passage of statutes, and how federal and state jurisdictions relate to one another, thereby determining which statutory system applies to which circumstances. Additionally, the relationship of statutes, regulations, and court case law will be analyzed to understand the manner in which they work together to define our laws. There will also be a review of the regulatory and civil litigation processes to ascertain how an employment grievance, such as discrimination, is handled within our legal system. Week in Relation to the Course Employment laws are promulgated by legislative and regulatory action and court rulings with the intent to provide equitable workplace opportunities for employees, as well as a productive, safe and healthy work environment. This course covers the laws that are in place in our society that attempt to accomplish this purpose, and the implications of these laws for both employers and employees. Obviously, for laws or regulations to accomplish this objective, they must be enforceable. While this is elementary, and generally understood by members of our society, the manner of enforcement is not as readily understood. And, the manner in which the laws and regulations are created, and by...
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...1. Employment law is rooted in which of the following: contract law & agency law 2. In Lemmerman v. A.T. Williams Oil Co. (1986), eight-year-old Shane Tucker was found to be an employee of the oil company where he slipped and hurt his hand because the manager had the authority to hire and fire employees for the defendant and the jobs Shane did were in the course of the defendant's business and he was engaged in doing them when he fell. 3. When can an employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive...
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...Roles of State & Federal Governments in Employment Regulation Angela McIntosh Sullivan University Employment Law HRL404 Abstract This paper will provide an overview of the State and Federal regulations in employment and discuss relevant employment regulations. The findings will explain on how in today work environments that the business climate of companies seem to subject to a wide variety of laws and regulations. With these components in dealing with the regulated in benefits for employees that has become a particularly crucial issue in the past several years. State and Federal regulations play a large role in how a company treats its employees while at work. These laws ensure that those workers that report in dealing with the wrong doing of their employees are not discriminated. In concluding the State and Federal government have made sure that protection to the interest of the workers to carrying out their duties in a prudent manner and refrain from conflict of interest transactions specifically prohibited by law. The enforcement of the federal and the state minimum wage law to be enforced in the working field. The Federal Government has set up specific laws that apply to the regulation of unions and allows workers to join unions. The National Labor Relations Act allows the workers the option of joining an association. The government established the National Labor Relations Board...
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...Unit: 3MER Supporting good practice in managing employee relations 1. Understand the impact of employment law at the start of the employment relationship. 1.1. Describe the internal and external factors that impact on the employment relationship Internal One internal factor that can impact on the employment relationship is employment laws and changes to employment law, for example maternity and paternity leave. New legislation enables couples to share maternity leave meaning men can take more time off work after the birth of a child. Another internal factor that can impact, is the strategy of a business. If a business needs to change its strategy for cost saving purposes it can result in reduction of staff. If a business needs to grow due to new strategy, this can result in an increase of staff, more training can become available to staff to enhance their skill sets and help the business grow. External In some cases, technological developments can destroy jobs, it can blur the separation between existing jobs and can lead to a lower skilled lower paid workforce. In these cases, the bargaining power of the employer becomes increased. In other examples, technological developments can create new jobs and make some industries more capital intensive. This increases the bargaining power of the employees. Political factors can impact on the employment relationship. Countries are now more interdependent than ever due to the reduction of trade barriers. Markets now...
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...consider as XYZ Construction (XYZ) transforms from a private to a publicly owned company and expands operations globally, this paper will focus on the employment and labor laws, along with legal considerations that influence company operations. It is important to keep in mind that XYZ uses a mix of manning methodologies throughout the company; a full time staff as the core of the company, while maximizing the use of contracted labor in the execution of projects. Employment Law Employment law is a broad category of law that encompasses all areas regarding employee/employer relationships except for the negotiation process and collective bargaining, which is covered by the narrower focused category of labor law. Employment laws consist of thousands of federal and state statutes, regulations, and judicial decisions that are designed to govern the rights and duties of employers and workers. The US Department of Labor (USDOL) reports that there are 180 federal laws alone managed by 28 different agencies within the department. (United States Department of Labor [USDOL], 2014) Employment laws are focused on providing a safe and fair work place for employees and employers, alike, and have their origins in the constitution. They were founded based on public outcry against oppressive practices during the industrial revolution. The first laws founded in the 1920s were focused on fair wages, compensation for injuries, a standard work week, and on eliminating child labor. In the 1960s and...
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...Employment-At-Will- Doctrine Strayer University January 22nd 2014 Employment-At-Will –Doctrine is the doctrine in American law, which can be summarize as either party with reason or without any reason can terminate the employment relationship. In recent years, private employment in the United States has traditionally been governed by employment-at- will” which is known as (EAW), which provides for minimum regulation of employment practices. It allows either the employer or employee to terminate the employment relationship at any time for any reason or no reason at all. The Employment- At-Will doctrine does protect the employee from being discharged from a company, based on, race, gender, age, disability, national origin, color, religion, sex, age, or disability. (Halbert & Inguli, 2012, P.49) “ At least 55%of all employees and managers in the private sector today in the United States are “at-will” employees”. (Radin, T. J., & Werhane, P. H. (2003). As an astute manager of the company, I will make the decision based on following scenarios, as the rules of employment-At- Will. John posted a rant on his Facebook page in which he criticized the company’s most important customer. John must be fired from the company as he leaked the critical information about the client on social media, which is unacceptable in the company. To prior hiring, he signed a confidentiality agreement clearly stating that, it is against the company policy to speak against...
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...Considerations in Employment Selection Cardinal Stritch University Cathy Carew Instructor John Koehler MGT-445 Human Resource Management II July 25, 2013 Legal and Ethical Considerations in Employment Selection Organizations use screening tools such as assessment tests, medical tests and drug testing to effectively find applicants or current employees that are best qualified for a particular job. There are legal and ethical considerations that need to be applied when using any type of assessment test, or medical and drug testing; the selection process should follow federal employment laws, show reliability and validity, exclude bias, as well as protect the test taker’s individual rights and security of information. Assessment tools that are used by employers to make hiring decisions must follow professional and legal principals. Employment laws and regulations disallow discrimination and give equal employment opportunities for all. The U.S. Department of Labor Employment and Training Administration created an assessment guide for organizations to use as a guide in the employment selection process. In the assessment guide Title VII of the Civil Rights Act of 1964 and the Tower Amendment to Title VII state that professionally developed workplace tests can be used to make employment decisions only if the test does not discriminate against any one particular group (U.S. Department of Labor Employment and Training Administration, 1999). The Equal Employment Opportunity...
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... | |Activity 1 | | |Understand the impact of employment law at the start of the | | |employment relationship | | | |2 – 4 | |Activity 2 | | |Understand the main individual rights that the employee has | | |during the employment relationship | | | |4 – 10 | |Activity 3 | | |Understand the issues to address at the termination of the | | |employment relationship...
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...Table of Contents: Pg #: Title Page 2 DECLARATION FORM 3 INTRODUCTION: 5 BACKGROUND: 6 Overview: 6 2.0 COMPARATIVE ANALYSIS – LITERATURE REVIEW 8 Public vs Private Sectors 8 Differentiate between formal & informal Sectors: 8 Private Sector Reforms: 9 Public Sector Reforms: 10 3.0 METHODOLOGY: 12 Primary Research: 12 Secondary Research: 12 POPULATION SAMPLING: 12 4.0 FINDINGS: DISCUSSION & ANALYSIS 12 Factors Contributing to the Change of Industrial Relations in the Region 12 Labor Reform Policies: 12 Globalization : 13 Economic integration 14 Change in Technology 14 Changes in Labor Law and Attitude towards Unions 15 Decentralization of Bargaining 15 Management Alteration 16 Conclusion: 17 The End . INTRODUCTION: Industrial relations today by many accounts, is in crisis. In academia, its traditional positions are threatened on one side by the dominance of mainstream economics and organizational behavior, and on the other by postmodernism. In policy-making circles, the industrial relations emphasis on institutional intervention is trumped by a neoliberal emphasis on the laissez faire promotion of free markets. In practice, labor unions are declining and fewer companies have industrial relations functions. The number of academic programs in industrial relations is therefore shrinking, and scholars are leaving the field for other areas, especially human resource management and organizational behavior. The importance...
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