In the past, matters affecting the employees were only discussed by the corporate employers or at times individual employers made their decisions about the jobs offered to employees without consulting one another. This resulted in a range of working conditions on the same job giving employees different attitudes. As a result dislike for some jobs developed and eventually fall-out of employees from jobs was very high. (dol.govt.nz) As a result, the employees decided to form a forum to fight for their rights and campaign against oppressive employment.
After formation of such employee organizations (e.g. civil servants associations), the voice of the employees became powerful in fighting for their rights. The employers had to listen to their employees and find the best responses to their pleas (Government of New Zealand, 1996). To make such associations (employee associations) even more powerful, governments enacted Acts in their constitutions to help the employees be protected by the law in case they were to hold peaceful demonstrations (Kathleen, 2010).
In search for solutions to most employer-employee collisions, governments came up with forums for the employers and the employees to discuss key issues. Among the key issues discussed in such forums are: employee working conditions, employee retrenchment and compensation schemes in case of untimely retrenchment and wage pay for the employees. Most of these articles and rights are discussed in what can be termed as employer-employee participation in employment decisions.
Employee participation can be termed as the right of employees to air their views on matters concerning the employment status, working conditions and other factors affecting employee environment while operating under official circumstances. In most countries, this has become an issue of concern in the recent due to the increased number of employment opportunities that are advertised as viable and conducive to the employees but turn out to be the contradictory (Secretary in the ministry of labor, 1999). In most constitutions, the main articles of employee participation are discussed below.
In this article, employees are allowed to contribute on what they are ready to earn for a certain job. This is mostly because the jobs in the market are very technical and the requirements are also very specific. This article mainly gives details of the best democratically agreed upon pay on matters pertaining to working conditions, time the task is accomplished and wage pay per hour (David, 2005). The skills also appear to play an important role in the decisions made pertaining to the wage pay. Digging deeper into this article, it appears that the most discussed types of labor supply are the skilled supplies. This leaves the unskilled and semi-skilled employees at the mercy of their employers. To help cover even these people in the labor pool, the Act uses the other two articles and gives the employees freedom to join any employee union without restriction by their employers. These unions have been empowered by the governments to push for their members’ rights and oversee the fact that they are not exploited by employees.
This is the largest article in the Act and deals mainly with the health and safety conditions of the employees. In this article, the employees are allowed to report any unhealthy conditions to their employers and demand the place to be made better for operation. This covers even insurance in case any form of health hazards occur to the employees while in their places of operation. The safety part covers the employees who work under hazardous conditions. For example, employees in the manufacturing industry are insured against any risk that might occur in the work place (Robert, 2006). The main contents of the article include: Employee representation, Power of employees to vote their representatives, Employee participation in matters pertaining to healthy and safe working conditions.
Having discussed such articles which are the most relevant to all employees, I would like to branch to employee participation in New Zealand. This country is considered part of the EU but employee participation seems to have taken root only recently thus it is reliable to use it as the main object of discussion and compare it to other European countries which presumably had employee participation adopted earlier like Nether lands and UK (Delaney, 1996).
After an analysis of a number of articles about employee participation in this country, it is clear that this concept is still in its infancy in the country. The main concern of the article is outlined by the ministry of labor whereby the country first acknowledges that employees are a very valuable set of people in any working environment due to the wide knowledge base they have about the work place. For this condition, the article outlines what the employers must do to ensure employee participation mostly in improving the` working conditions and safety of the workers. Some of the main points that the employers must do include: Employers must allow their employees to contribute information about the safety of their working conditions. Any employer with more than 30 employees must come up with an employee participation scheme whereby the employees will be given a chance to contribute towards factors affecting their safety and health while in the work place. Contribute greatly towards greatly improving the working conditions of the employees. Allow improvement where there ought to be improvement.
Similarly, the article also outlines some of the optional activities that the employers can also do so as to help in the process of enhancing employee participation. Some of the key points include taking the lead in encouraging the employees to elect their representatives to the health and safety organizations, making healthy and safe work places your habit and encourage the employees to contribute greatly towards improving their working conditions by airing their views and complains even before the situation in the work place becomes worse.
Having covered an overview of the article released by the ministry of labor in that country, let us explore additional materials on the same issue from the country.
In most situations, employers and employees do not come to a solid agreement. This is mainly because the employees are more than the employers and forums for such meetings are usually charged with tension. To resolve such a situation, the government has allowed establishment of employee and employer unions. These unions have been charged with the duty of discussing matters pertaining to the point of conflicts where the employers and employees are allowed to send their representatives. These representatives bargain on the fairest deal and then explain to their members giving even the reasons which led to the agreement and how the goal will be achieved.
According to the Act in the constitution, it is clear that the employees choose their representative. The representative acts as the spokesperson of the whole employee group that chose him/her. As a result, this person is bound to make decisions on what should be done if a certain calamity occurs. So as to enhance safe and healthy working conditions, this person is also entitled to request the employer to make certain bargains or purchases so as to improve the working conditions of the employees. In an attempt to ensure that the employees are well equipped with information on how to deal with certain risks in their working environment, this person is also allowed to have training and then in return train the employees. These training sessions are paid for and the employer ensures that all his/her employees attend the sessions offered by the representative. This increases employee participation and improvement of working conditions (Farris, 2002).
There is also formation of union to cover the task force which is mostly done as per according to the legislation of the country. Looking at this country which is still in its infancy in employee legislation, the formation of unions is allowed by the law and is mostly within these guidelines forming it does it operate. This means that the unions have been given powers to collectively represent employers or employees without considering their membership in some circumstances. This allows for universal consideration and employee participation since selective approach does not fully allow the employees who are not union members to air their views (Department of Labor, New Zealand 2006).
Employee participation in the country regardless of employee membership to a union. In my personal opinion on this issue in New Zealand, I can claim that the law allows an employee to participate actively in contributing towards the success and safety of the employment under which he/she is recruited. This disputes the idea of locking out employees in the informal sector as it is in some countries. This also allows for the government to have an updated balance in employee treatment regardless of the sector of operation in the economy. This is provided for in the article so as to curb employers who have less than 30 employees from holding back the rights of the employees to have safe and healthy working conditions. On such cases, the article allows for employees to join others in unions so that their voices can be heard. This helps strengthen employee participation even in areas where employees may be less than the required number to have a health and safety representative (Douglas, 1995).
Having closely examined some of the contemporary aspects of this article of the New Zealand constitution, let us also find the possible aspects that make me feel that employee participation is still in its infancy in this country. The first element is the incompleteness of the article to touch on all matters affecting the employee. After an analysis of some New Zealand companies employee participation forums, the only thing that is prominent is employee health and safety. This means that the employees are only closely catered for in terms of working conditions. What of the main course of conflict between employers and employees in the world: wage pay? This issue is scantly illuminated, if there is any form of elaboration it, and according to my personal observation this is the main course of conflict. It is possible for an employer to provide very good working conditions to the employees but have very little wage pay. This results in more problems since the employer does not consider personal needs of the employee. This can be attributed to the fact that employees are not allowed to contribute in any way towards their salary levels and what facilitates the levels (Francis, P. 1996). Though this might be claimed to the work of the unions, the employers and employees should have direct contact on such matters since in most informal sector the employer and the employee negotiate face to face on the wage pay.
The other factor that makes me feel this article to be inadequate is the element of retrenchment. In most cases, economic recessions result in many employees losing their jobs. This results in increase in unemployment or disguised unemployment where the employees agree to have their salaries reduced so as to fit in the current economic situation (Food and Beverage Taskforce 2006). This issue becomes a means of the employers to oppress their employees since if an economic boom does not result in increase in their pay levels as the recession results in decrease. In some cases, the recession may be too severe causing the employees to be retrenched (Feinberg, 2007). What is their voice in fighting for the benefits or compensation? This would act as a very good question in determining employee participation in the country. However, this is promising for this country which appears to be developing in employee participation.
Taking a close look at UK, three main aspects of this article are considered. The rationales considered are the economic rationale, social rationale and the government rationale. This helps balance the three so as to ensure that the employees are fully heard and considered by their employers. Taking a look at the economic aspect, most companies in the UK have registered great performance due to the employee participation forums which also dictate how employees should conduct themselves in case of anything. This also puts into consideration the aspect of financial participation. Under this aspect of employee participation, the employees are able to give their preferred wage pay (Walter, 2005). As a result, the stakeholders in labor supply take time to look into the grievances and provide the best bargain. As a result, the wage pay is reviewed regularly making demonstrations and boycotts due to poor pay a rare phenomenon (Knudsen, 1995). Closely related to social participation is the involvement of employees in social decision affecting the employees. This gives the employees very ample time when a certain social event has occurred and gives the procedures to follow. As a result, there are minimal cases of conflict between the employers and the employees. The case of health and employee safety is also covered in this section (Knudsen, 2009). The last aspect involving the government, the UK government is very conscious of the employee participation in matters pertaining to the economy. As a result, the employees have been supported and protected by the law while giving their grievances. This is done mostly in unions which are also formed under the constitution. The unions basically have a very high proportion of the total employee number making the number of independent employees very low. This has greatly increased the power of the employees in participating in decisions affecting them (Katz, 1985).
A similar look at Netherlands reveals similar employee participation as in UK. However, the number of employees in unions in the Netherlands is very low (22%) while the majority is in the national union of employees. This indicates that employee participation in the Netherlands is very high, I can claim higher than in UK. This participation deals mostly with employee safety, working condition and wage pay (Guthrie, 2001).
Employee participation in France is taken very much seriously since it is a constitutional law. According to the French constitution, employees have a right to contribute actively towards the management of the enterprise which they are working for (Frank, 2002).
This is mainly coordinated by two main bodies which are formed under the constitution of that country. The first body is the work councils. These are bodies that regulate and ensure employee participation in management of enterprises. According to employee code of this country, any employer apart from certain public employers who employs more than 50 people consecutively or not for more than 12 months must form a work council. This council acts as the mediator between the employer and the employee. This council must be consulted before any activity which may affect the employees is undertaken. They use representatives who are empowered by the council to represent the employees (Frank, 2002).
Trade unions are the second type of bodies that represent the employees. These groups have delegates who work in a similar version as the work councils. The main difference is that work councils are formed by employees of the same employer but trade unions comprise of even employees working on the same line of operation but from different employers.
Germany is another country in the European Union where employee participation in employment decisions is allowed by the law. The first form of employee participation was witnessed in 1926 which led to the establishment of Nazi Germany and later its fall. The main forms of participation are by work councils and trade unions.
In a similar version as it is in France, work councils are established by the German Federal law that requires all employees to be members of a work council. Any employer with more than 5 employees who are above 18 years and at least three of them have been employed for more than 6 months should form a work council. According to the German law, the employees can elect their leaders or not and the constitution gives them rights to fully demand for information, consultation on matters affecting the economy of the employer or even castigation of any unethical behavior exhibited by the employer (Frank, 2002).
Trade unions in Germany are usually formed by companies or employers who are in the same line of production. This means that work councils are members of certain trade unions. This accounts for over 95% employee participation in Germany (Frank, 2002).
Comparing and contrasting New Zealand and the rest of the EU, there are some clear differences. The main difference lies in the way employee participation is handled. To begin with, EU is appears to rely heavily on employee participation to make critical decisions on matters pertaining to their economies (Ritchie, 2000). This is supported by the cases of Netherlands and UK. Germany and France also evidence the same by their reliance on this hybrid structure whose backbone is employee participation in the economy.
The major similarity is the way employee participation is treated in the whole of EU, region of concern (New Zealand included). It is protected by the law and enforced by the individual constitutions. This can be claimed to contribute greatly towards use of unions in all the named countries to petition for the claims of the employees. The other similarity is the use of representative system in unions to present the views of the employees on the grass root. This is evident in all countries regardless of the employees being members of the unions of other groups (Hussein, 1995).
In conclusion, employee participation is very important in making decision affecting the employees. This is because it is the employees who are on the ground thus have enough knowledge to explain fully what is happening on the ground. This allows them to be very vital sources of information in employment forums. They should also be protected by the law and their grievances looked into in all aspects not only from one perspective as it appears to be the case in New Zealand.
References
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