Introduction
Employment related practices are some of the current trending subjects in the Human Resources Management field. The modern HR manager is required to understand and oversee the implementation of various rights that employees are entitled to enjoy. The same applies to labor unions which have also been charged with the responsibility to uphold some of the employees’ rights. The topic on employees’ rights is of major concern at this moment especially due to the emerging trend amongst some corporations (Werhane, Radin and Bowie). Given the high levels of competition in the corporate world, organizations are devising strategies that will enable them to compete effectively. Some of the strategies being implemented include retrenchment of employees to cut down on operational costs. Others involvement plant relocation to areas where operational costs are considered to be low and manageable. In the process there are some of the employees’ rights that are not taken into account (Werhane, Radin and Bowie).
The group decided to explore this topic because of the impact employee’ rights violations. We believe that it is important to employers and labor unions to understand the importance of upholding employee’ rights and understand that there are legal implications for violating employees’ rights. This report will therefore, cover some of the employee rights that are frequently violated. We will also provide practical example of some of the multinational organizations that have been mentioned in cases of violating employees’ rights (Werhane, Radin and Bowie).
The topic is very expansive and encompasses a range of issues that are related to employees, employers, and labor organizations. The list of rights that employees are entitled to is long and cannot be exhausted in this report. We will therefore cover basic and fundamental rights that have been in the limelight in the recent past. There are issues related to wrongful discharge, discrimination, and underpayment, among many other (Werhane, Radin and Bowie)issues.
Employee Rights
The National Labor Relations Board (NLRB) was put in place to ensure that employee rights are strictly observed and legal action is taken against individual or institution that violates any of the rights that employees are entitled to enjoy. For this report, we have reviewed news articles with employee rights related reportage, the internet, and also made some personal observation in the surrounding environment. There are many cases of employee rights in the internet and in the news articles. The following section will review some of them and explain their implications to HR practitioners.
Family Leave Rights
Through Family and Medical Leave Act, spouses of opposite sex have been entitled to a number of rights including up to 12 weeks of unpaid leave per year to federal employees on account of several circumstances that may occur in a family. Some of them include child birth, adoption, specific medical conditions amongst others. These rights had not been applied same sex marriage partners. However, there has since been a change in the laws and as such, same sex marriage partners are equally entitled to all rights provided for in the Family and Medical Leave Act (Mills). It implies therefore, that HR practitioners who may not have changed their policies to cater for same sex marriage employees my need to consider revising their policies to accommodate those that it may have excluded. Although the changes that have been effected affect federal employees, it is only a matter of time before the state employees and private sector employees are covered (Yoder). According to Mills, it would be advantageous for organizations that act proactively in anticipation of the forthcoming changes.
Disabled Employees Rights
Through the Americans with Disabilities Act (ADA), employees with disabilities are protected by law and cannot be discriminated against. The Act provides that as long as an individual with a qualified disability can perform their responsibilities with or without reasonable accommodation, they cannot be discriminated against on the basis of their disability (Werhane, Radin and Bowie). It is an important right to people with disability that ensures that in spite of their physical conditions, they can still offer their experience, skills and expertise to the benefit of the economy. They are also allowed an opportunity to provide for their dependents. It is also important to note that all major building are required by the law to have provision of facilities for use by disabled employees and other disabled members of the public (Werhane, Radin and Bowie).
Rights to Fair Labor Standards
Employees are entitled to work in fair standards that guarantees their safety and health. The Fair Labor Standards Act provides regulations on the duration that employees are expected to work per day or per week. Any work undertaken past the regulated time is considered overtime and should be paid for appropriately (Werhane, Radin and Bowie). The Act also provides for pay guidelines to ensure that no employee is paid less than what they are entitled to earn for their work. It is imperative that HR practitioners get familiar with this Act that ensures that employees’ rights to work in safe environments, earn fair pay and work for an appropriate amount of time is respected and observed (Werhane, Radin and Bowie). Wal-Mart is one of the major global organization that has been accused of underpaying its stores employees despite the fact that it is one of the leading employers in the US.
Employee Rights on Retrenchment
Recommendations
Employee’s rights are fundamental and they should be safeguarded under any circumstances. Employers must ensure that employees are free to join any labor union and propagate the ideals of the unions at the right time and places (Werhane, Radin and Bowie). Unions must also play their part in negotiating for their members and ensuring that the members’ rights are strictly observed.
Conclusion
In conclusion, we have been able to demonstrate some of the employee rights that are violated in different work places frequently. It is the responsibility of the employees together with their unions to know their rights in different circumstances and be prepared to defend them (Werhane, Radin and Bowie). Employers should also ensure that they avoid unnecessary law suits that result from cases of infringing on employees’ rights.
Works Cited
Creamer Media Reporter,. "What Are Your Rights When Retrenchment Comes Knocking?".Polity.org.za. N.p., 2016. Web. 20 Apr. 2016.
Mills, Katheryn A. "EEOC Takes Stronger Stance In Support Of LBGTQ Employee Rights In The Workplace". The National Law Review. N.p., 2016. Web. 20 Apr. 2016.
Werhane, Patricia Hogue, Tara J Radin, and Norman E Bowie. Employment And Employee Rights. Malden, MA: Blackwell Publishing, 2004. Print.
Yoder, Eric. "Family Leave Rights Finalized for Same-Sex Spouses of Federal Employees”. Washington Post. N.p., 2016. Web. 20 Apr. 2016.
