1.1.List the aspects of employment covered by law
Employers have legal obligations, when drawing up a job description. The law states that employers must not discriminate against a persons, age, race, sex, religion or disability.
1.2.List the main features of current employment legislation
The main features of current employment legislation are:- Health and Safety at Work Act (1974), Minimum Wage Act (1998), Pensions Act (2008), Employment Rights Act (1996), Disability Discrimination Act (1996), Rehabilitation of Offenders Act (1974), Sex Discrimination Act (1975) and the Race Relations Act (1976) . 1.3.Outline why legislation relating to employment exist Employment legislation exists to protect both Employee and Employer and must be adhered to at all times. Legislation assists in regulating the relationship between Employers and Employees in order to ensure that abuse does not take place. It gives the employee a sense of security, and ensures we receive all the benefits we are entitled to.
1.4 Identify sources and types of information and advice available in relation to employment responsibilities and rights
As employees, we have rights and responsibilities, during our employment, during some point of our employment, an issue or concern may arise where we feel we have been treated unfairly. In the first instance , we should try to resolve the issue internally, by approaching the Manager, Human Resources etc., if this fails there are external organisations we can
Legislation that applies to my work role is outline in the company Equality policy and
The major piece of legislation in the UK that impacts on staff recruitment and selection is The Equality Act of 2010. This statute consolidated nine separate pieces of anti-discrimination legislation into a single Act these were
2.1 Explain how legislation and codes of practice relating to equality, diversity and discrimination apply to own work role.
The terms (legal parts) of the contract can be in a variety of forms, including:
At our office we will never discriminate an employee based on religion, race, color, national origin or age. We protect the employees’ rights specified under Title VII of the Civil Rights Act of 1964. We will work together with the employee to make accommodations according to religious practices.
The literature to be utilized for this preliminary assessment will include a review of the history behind this employment law policy. Proceeding will be an evaluation of the political context of the proposed regulation, in an effort to gain an understanding of where the proposal stands with public proponents and oppositionist. This assessment of the political context also lends itself to be followed by an analysis of where the policy currently stands within the legislative
The ‘objective’ of labour law, in our common understanding of the subject, is grounded in securing ‘justice’ for employees (or workers) in their formal working lives. The assumption that there is an imbalance of power in regards to the relationship between employers and their employee has been established over a significant period of time. With companies acquiring large amounts of funds and expanding themselves on a global scale, those who hold managerial positions are becoming more and more inclined to use their new found ‘power’ in a way which houses the potential to exploit the employees who are seen to have less of an influence (in comparison with large profit maximising enterprises). It is for this reason that regulation of the employment relationship between these two parties ought to be properly regulated, as a means to ensure that companies do not take advantage of their employees, a position which has been emphasised by law scholar Sir Otto Kahn-Freund, who has articulated that “the main object of labour law has always been, and I venture to say will always be, to be a countervailing
The for-cause dismissal system created by s 103 is a key aspect of enhancing fair employment relations, by protecting employees in an area of significant power imbalance. Unjustified dismissal takes up 65% of all personal grievance cases there is no denying that s 103 is a key piece of legislation for employee protection (Rasmussen, 2009). Before the ERA was amended in 2004 it is argued that unjustified dismissal clauses from the 1970’s legislation heavily favoured employers as there was no strict definition as to what was deemed ‘unjustified’, creating an imbalance of the employer-employee relationship (Roth, 2001). The amendment which introduced s 103(a) was a welcomed addition to the act from an employment rights perspective as it gave employees
The Workplace Relations Act has managed to amalgamate the functions fulfilled by the five bodies mentioned above to establish a unified system of address. However, it could be argued that this may not be so simple in that it makes the system more obscure and leaves room for error and the need for a very good employment law practitioner to deduce the meaning of the various sections of the Act to do with interpretation of legislation. In the academic paper by Lord Bingham entitled “The Rule of Law”, he reiterated “The law must be accessible and so far as possible intelligible, clear and predictive” . He further states “It is one thing to move the law a little further along a line on which it is already moving, or to adapt it to accord with modern views and practices; it is quite another to seek to recast the law in a radically innovative or adventurous way” . In my opinion, the 2015 Act is very difficult for an ordinary worker to figure out because of the interconnection of statutory instruments and so interpretation would need engaging a very good lawyer. The process may have
Congress has passed a number of laws and mandates designed to combat employment discrimination, establish healthy and safe workplaces, provide family and medical leave, give workers notice for plant closings and much more, Hunter (1999)
Employment law is primarily focused on ensuring protection to those in the work place, with the law providing workers with an exhaustive list of rights. Such rights are allocated on the basis of one’s employment status, therefore determining the ‘status is centrally important to the administration and implementation of employment law’. Employment rights are primarily afforded to ‘employees’ and ‘workers’. However, an ongoing complex question is who fits into these protected categories, highlighting that the dividing line has become increasingly blurred and the law uncertain in. This essay will demonstrate that the ambiguity surrounding the current law contributes to its ineffectiveness, by exploring both the lack of statutory definitions and
This essay concentrates on the employment law and how it affects employment agreement in New Zealand by the legal frameworks in which it develops employment relationship in relation to the Employment Relations Act 2000. As highlighted ‘the use of such triangular relationships creates complexities in the rights and responsibilities of each party’ . Means that the power of New Zealand’s employment law defines employers and employees across the statutes. The courts use the employment statues for their decision-making. Furthermore, the protection that is available to protect the interest of employees and independent contractors and its effectiveness.
This memo will examine employment laws as well as how these laws are applied. I will also explain the penalties of noncompliance for each employment law. Organizations
Workers need to be taken off to ensure that they perform roles as expected. In some countries, workers cannot complain of any form of harassment as the country lacks document laws governing how they should be treated. There is also the aspect of ignorance and workers fail to learn of law protecting them. Once someone becomes employed, he or she is obliged to look for all governing their rights. Employers and other welfare officers also have the responsibility of making sure every worker becomes versant with code of ethics regarding the assigned duties and protection laws. In case a worker feels mistreated, there are compensatory rules contained in the books of laws. Every worker should feel appreciated and respected to work effectively.
It includes information of the various Acts related to employment. Thus, workers are aware of their rights as rules and regulations are carefully spelled out into by Singapore, Ministry of Manpower 2012. This includes the Employment Act, Industrial Relations Act, Trade Union Act seen in the appendix (Appendix pg2). This comprehensiveness and accessibility of dispute procedures makes sure that workers understand their rights which lead to efficiency in times when workplace conflict does arise.