Homework Writing Help on Employees Relations

Employees Relations

Introduction

Successful relationships in employment are vital for the success of an organization. Through such relationships, employees and employers are able to collaborate as they strive to achieve organizational goals and objectives. More so, good business ethics and values are adopted and implemented to ensure commercial sense of success is achieved. Employment relationships can however be challenging to start and sustain. This is because an organization comprises people with diverse traits, cultural backgrounds, and other differentiating factors likely to fuel friction and conflicts among human personnel. It is therefore vital for an organization to provide basic guidelines defining and describing employment relationships. This should involve focusing on employment relations laws to ensure fundamental, civil, and liberty laws are neither violated nor presumed (Kitching, 2006).

It is therefore crucial to note that employment laws impact employment relationships. This is because they determine various aspects in relation to organizations’ operations and functions. First, they determine formulation and implementation of employees’ rights. They also impact how employees are hired. Consequently, they impact how employees are awarded holidays and leave from their daily and busy schedules at work. More importantly, employment laws are vital in determining remuneration packages awarded to employees. This includes establishing minimum pays among employees based on their rank at the company and the roles and responsibilities they undertake. Employment laws have also influenced how problems, issues, and challenges at the work environment are addressed and resolved. Lastly, they influence how unions impact employees’ lives and dedication while working at the organization (Carter, Mason & Tagg, 2009). This dissertation will therefore focus on employment laws. It will relate employment laws with individual rights employees have during the employment relationship. As a result, an understanding regarding issues addressing termination of an employee and employment relationship will be developed.

Development of Employment Relationship

An employee refers to a person who has agreed to be hired through a contract of service to provide their talents and skills in exchange for some form of payment. The forms of payment are mainly wages, salaries, piece rates, and commissions. Employees can be hired on fixed, seasonal, part time or casual and trial or probationary terms. Thus, self-employed and independent human personnel or persons who are independent contractors, volunteers or engaged in film production cannot be regarded as employees (MBIE, 2014).

Establishing relationships among employees ought to involve good faith. Relationships based and sustained by good faith focus on collective and individual rights. This is because they involve use of common and practical values, ethics and principles. As a result, employees are guided on how to relate and treat each other. For example, an organization can regard common and practical values as ethics associated with honesty, mutual respect, openness, and integrity. Thus, as an act of good faith, employees within that organization should reduce and avoid issues and conflicts arising from lack of these values and ethics. This forms part of the Employment Relations Act requirements in that particular organization. It is therefore clear that, there lacks a single set of requirements defining and describing employment laws. This is because organizations and work places differ as they engage in diverse operations and functions. There is however key expectations similarly shared among organizations in order to achieve and sustain relationships based on good faith (Storey, Saridakis, Sen-Gupta, Edwards & Blackburn, 2010).

Key Requirements of Developing Employment Relationships

Employers, employees and unions are responsive and communicative agents in an organization. They should therefore formulate and implement guidelines ensuring issues affecting each agent or party are addressed. This is crucial in reducing and preventing misunderstandings and conflicts. An agreement between the employee and employer should also be established as a contract. The two parties should sign such contracts as a sign that they are genuine parties who can negotiate terms and conditions ensuring the relationship are based on good faith. More importantly, employees should be allowed to access and gather appropriate information affecting their role in the organization. This ensures employers avoid implementing changes affecting employees’ skills, talents, and responsibilities at the organization adversely (MBIE, 2014).

It also provides employees with an opportunity to submit their opinions and ideas on measures that can be implemented to improve their working experience at the organization. As a result, the parties are able to develop consistent and persistent manners to handle, address, and resolve problems and challenges arising at the work place. It is therefore evident that, employment relationships are developed from honesty and integrity between employees and employers. This motivates the parties in understand what is expected of them. As a result, they are motivated to deliver. In case they face issues and challenges as they strive to meet and fulfill their responsibilities, they are fully aware where to seek help. They are also aware who has the power and authority to address and resolve their problem. Ultimately, they are able to develop and sustain an employment relationship based on free and fair bargaining in good faith and acts (Ben & David, 2005).

Factors Impacting Employment Law

 According to the Ministry of Business, Innovation and Employment in New Zealand, the impact of employment law at the startof the employment relationship is determined by both internal and external factors. These factors impact the employment relationship as they determine if the rapport is based either on good or bad faith. For example, employment relationships based on good faith cannot commence if during the hiring process an employer awards unclear and conflicting expectations, roles and employment rights to the employee. Internal factors refer to issues within the organization affecting employment relationships. They develop within the organization based on the operations and function undertaken at the firm. Conversely, external factors arise from issues outside the firm impacting employment relationships. Thus, the management at the organization is likely to lack the abilities and resources to control them. Hence, internal and external factors influence how the employment agreement is written. They ensure it is clearly authored in order to prevent misunderstandings and conflicts hence, reducing risks arising from inconsistency (MBIE, 2014).

Internal Factors

According to Carrie, internal factors include organizational culture as well as pay and rewards. Organizational culture refers to behavioral patterns adopted at the work place. This facto therefore concentrates on employees’ morals, ethics, values, principles, and guidelines impacting their personal and professional lives. Thus, organizational culture greatly impacts employment relationships as it influences personal and official customs adopted by employees. As a result, an organization should strive to employ the right talent with qualified skills. More importantly, it should evaluate employees’ behavioral patterns across diverse situations affecting operations and functions at the organization. For example, employees who have just been hired should be enrolled in a training program to enhance their skills and talents in relation to the duties they will be undertaking at the organization (Carrie, 2012).

The human personnel tasked in training the new talents should therefore be tasked in conducting self-analysis among the employees. This involves assessing their level of cooperation and integration with the others. This can be utilized to determine if an individual will either be or fail to be a team player in attempts to achieve organizational goals and objectives. Consequently, organizational culture can also be determined by presence of ethos in relation to working hours. The amounts of time employees spend working impact their relationships at the work place. As a result, the organization should establish flexible working periods. This ensures employees develop healthy and stable integration mechanisms without feeling overwhelmed to sustain the involvement. More so, employees are likely to accede to various changes implemented in the organization. This includes changes impacting their terms and conditions of employment. This is because they believe organization values their presence and input as they strive to achieve the set goals and objectives in the firm. As a result, organizational culture can support and motivate employees to work as a team to achieve and sustain high quality and standardized results (Carrie, 2012).

The second internal factor is allied to payments and rewards. This refers to remunerations awarded to employees for providing their skills, qualifications, and services in the organization. Employees cannot develop a relationship based on good faith if the remuneration terms and conditions are neither fair nor regarding. An employee is motivated to work hard if he/she feels as a valued resource in the organization. This can be achieved by ensuring that, the amount of salary or wages they receive are equal to the effort they provide in attempts to achieve organizational goals and objectives. It is however worth noting that, employees cannot feel as valued assets in the organization if their extra efforts are not recognized and rewarded. This includes providing employees with impeccable work ethics and high quality outcomes with awards and incentives (Carrie, 2012).

This supports and motivates them to maintain and improve their efforts in the organization. Conversely, it encourages and motivates the other employees to strive harder in order to be recognized and rewarded in the future. More so, all employees are encouraged to support each other in order to enhance and progress their career and professional goals at the firm. As a result, incidences of jealousy, conflicts, discrimination, prejudice, and accusation of unfair treatment are prevented. Ultimately, employees are motivated to establish and sustain supportive employment relationships that are beneficial in growing and developing career goals and objectives (Carrie, 2012).

External Factors

There are various external factors impacting employment relationships. These include legal laws passed to either restrict or constrain the organization’s relationship with Trade Unions. This often diversely impacts the relationship between employees and the firm. This is because employees believe Trade Unions provide them with a form of bargaining power against employers. As a result, they rely on Trade Unions to address issues and challenges they are facing at the work place management have failed to resolve. For example, employees can request for protective gears within the work place. The management board however can choose to ignore their requests and demands increasing the risks employees are exposed to at the work place (MBIE, 2014).

As a result, they can seek help from Trade Unions in attempts to ensure the organization strives to safeguard their health and lives. The government can however pass laws denying industrial organizations an opportunity to engage with Trade Unions. As a result, employees cannot seek help from the Trade Unions, as it would violate governments’ legal laws. This can further increase conflicts between employees and employers. Consequently, employment agreements or contracts are likely to be violated. As a result, the misunderstandings and conflicts at the organization can lead to go slows or strikes which impact operations and functions at the firm adversely. Ultimately, employees lose faith in the employers establishing a relationship based on bad faith. As a result, they neither feel valued nor motivated to strive and achieve organizational goals and objectives (MBIE, 2014).

The second external factor likely to impact employee’s relationships is allied to technological changes affecting commercial global platforms. Technologies are growing, advancing, and expanding in attempts to increase employment opportunities. They also seek to enhance skills required to undertake a particular job. This has however led to organizations laying-off employees as technologies are providing alternative low paying workforce. As a result, employees’ faith and trust on employers’ ability to respect the contracts and agreements they signed are diminishing (Carrie, 2012).

Consequently, employees’ bargaining powers with employers have decreased. This has led to organizations dismissing a large number of employees in support of the low paying alternative workforce provided by technologies. As a result, employees are neither committed nor motivated to enhance their skills in a particular job position. Instead, they are keen in enhancing their career and professional goals in order to seek employment from other companies before they are replaced and dismissed due to the advancing technologies. Thus, they provide low quality skills and qualifications as they neither feel values nor motivated to work in a work place they are hardly recognized or rewarded (Carrie, 2012).

Types of Employment Status

Employment status refers to employees’ rights and entitlements while spelling out their roles and responsibilities. Thus, it assists in identifying a straightforward relationship between the employees and employers. It can however be complicated by employers without conventional agreements and contracts defining employees’ roles. As a result, the law cannot recognize them as employers. The first employment status involves self-employed persons who effectively and efficiently engage in errands they manage without help. They are therefore their own bosses hence, lacking employment rights. They however have the power and ability to determine how much they desire being remunerated and rewarded for their hard work. More so, they have to pay for their personal tax and National Insurance Contributions. The other form of employment status involves employees signing an agreement or contract with employers. The contracts ensure neither of the parties are oppressed, exploited, discriminated, or prejudiced as they have a right to request for a tribunal. Through the tribunal, an employer or employee can be asked to compensate as a punishment for violating the terms and conditions of the employment relationship (Jordan & Kitching, 2013).

Reasons for Determining Employment Status

There are various reasons defining why it is important to clearly determine an individual’s employment status. Foremost, the definition eliminates confusions in determining an individual’s employment and tax laws. For example, employment law asserts that an employer should pay for National Insurance Contributions on behalf of the employee. Thus, an employee can sue an employer for failure of paying the contributions. Secondly, knowing the employment status of an individual provides the employee with clear definition of the benefits they are entitled to receive. These benefits include pension provisions and holiday pays. Self-employed people can deny themselves these benefits. Employers however should ensure the employment relationship acknowledges and fulfills such benefits (Arrowsmith, Gilman, Edwards & Ram, 2003).

Lastly, employment status provides information on the amount of power an employee and employer hold over each other. As a result, the employer has to carefully control employee’s abilities and skills. This can avoid conflicts and misunderstandings between employees and employers. More so, employers can be assured organizational equipment, resources, and premises are being utilized effectively and efficiently. This issue however does not affect self-employed people. As a result, employment laws cannot determine their financial risks. Conversely, employers and employees can engage dispute resolutions under employment law to settle tribunals. Based on these reasons, employee rights duringthe employee relationship can be determined (Jordan & Kitching, 2013).

Employee Rights during the Employment Relationship

Employees’ rights during the employment relationship are diverse. They include employer providing employees with the right to balance personal and professional life. Thus, legislation within the employment law should assert employees are entitled to holidays, leave or rest periods. More importantly, the employment law should provide the employee with flexible working hours day and night to ensure they strike the balance. The employment law should also award employees with legal support in order to attend to family or parental matters. This includes providing maternity, paternity, adoption, and dependants leave. Addressing such rights can ensure employers treat employees fairly (Edwards, Ram & Black, 2004).

Fair Pays

It is also vital for employees to be treated fairly in relation to pay. Foremost, this motivates them to provide their skills and talents as they are assured they will be remunerated fairly. Secondly, fair payments discourage and prevent in equalities at the work place. As a result, legislations addressing concepts of direct and indirect discrimination, harassment and victimization should be included in the employment law and agreement. The concept of ‘psychological contract’ however can fail underpin these legislations. This is because ‘psychological contracts’ lack clearly defined policies and procedures with regards to the employment relationship. As a result, policies underpinning these legislations through the ‘psychological contract’ should be formulated and implemented. They include policies affirming employees should neither be exploited ensuring they are fairly remunerated. A policy addressing unfair dismissal can prevent employees’ contracts being terminated without pay for service rendered for the short period of time. Lastly, policy addressing lack of discrimination and prejudice based on color, race, ethnicity and other differing factors can guarantee employees are remunerated fairly (Marlow, Thompson & Taylor, 2010).

Dismissals

There are various issues addressed at the terminationof the employment relationship. Foremost, the employment law should clearly define a fair and unfair dismissal. It should affirm that unlike fair dismissals, unfair dismissals do not provide victims with valid legal reason for being terminated. For example, an employer should engage the employee in an exit interview to provide them with valid and viable reasons for terminating their contract. For example, the employer can confirm to the employee that he/she did not get it right in relation to organizational goals and objectives. Hence, it is important to dismiss them to hire the right talent for the job (Ewing & Hendy, 2012).

Managing Redundancy

There are key stages to be followed in managing redundancies and the impact of redundancy on the whole organization. Foremost, performance appraisals should be conducted to identify the redundant employees. As a result, human resource manager should determine viable strategies to minimize the redundancies. These include voluntary pay cuts, flexible work practices and working hours such as part-time job schedules and early retirements in order to streamline, downsize and help the organization recover. Existing positions and personnel should be selected to manage organizational areas with dispersed employees. More importantly, the employer should announce the changes, explain why they are necessary and encourage employees to embrace them to achieve stabilization. An evaluation should however be conducted to determine the adverse effects of managing redundancy. Consequently, careful and effective planning coupled with consultation can device an appropriate approach to assist and support the existing team to adopt and keep going forward (Marlow, Thompson & Taylor, 2010).

References

Arrowsmith, J., Gilman, M., Edwards, P., & Ram, M. (2003). The Impact of the National Minimum Wage in Small Firms. British Journal of Industrial Relations, 41(3): 435-456.

Ben, W., & David, H. (2005). Employment and the Law: Burden or Benefit? CIPD and Lovells Survey Report.

Carrie, G. (2012). Supporting Good Practices in Managing Employee Relations: Employment, Dismissal, and Leaves. Labor Laws Review.

Carter, S., Mason, C., & Tagg, S. (2009). Perceptions and Experience of Employment Regulation in UK Small Firms. Environment and Planning Government and Policy, 27(2): 263-278.

Edwards, P., Ram, M., & Black, J. (2004). Why Does Employment Legislation Not Damage Small Firms? Journal of Law and Society, 31(2): 245-265.

Ewing, K., & Hendy, J. (2012). Unfair Dismissal Law Changes – Unfair? Industrial Law Journal, 41(1): 115-121

Jordan, A. T., & Kitching, R. B. (2013). Employment Regulation Part A: Employer Perceptions and the Impact of Employment Regulation. Employment Relations Research Series.

Kitching, J. (2006). A Burden on Business? Reviewing the Evidence Base on Regulation and Small Business Performance. Environment and Planning Government and Policy, 24(6): 799-814.

Marlow, S., Thompson, A., & Taylor, S. (2010). Informality and Formality in Medium Sized Companies; Contestation and Synchronization. British Journal of Management, 20(4):313-326.

Ministry of Business Innovation and Employment (MBIE). (2014). Employment Relationships from Beginning to End. New Zealand, Ministry of Business Innovation and Employment.

Storey, D., Saridakis, G., Sen-Gupta, S., Edwards, P., & Blackburn, R. (2010). Linking HR Formality with Employee Job Quality: The Role of Firm and Workplace Size. Human Resource Management, 49(2):305-329.