Compare and contrast the rights of employees and the responsibilities of employers in the United States and Europe
First, it should be noted that the United States and Europe have strong laws that protect the employee against all kinds of discrimination, hazard and unfair treatment. These laws also provide for the protection of the employers against the actions of their employees and the unions that fight for the rights of these employees (Ramsey 2012). Employees and employers have responsibilities to each other and should expect their rights to be upheld. The rights and responsibilities that are provided for in the constitutions of the United States and most European nations include health and safety, equal opportunities, provision of terms and conditions of employment and the right to be paid a minimum wage.
The employee are entitled to receiving the terms and conditions of their work before commencing their services with any employer. The terms and conditions should clearly state when the employees starts to work, their main duties, the person they would be accountable to, rates of pay and the dos and don’ts of their employment positions (Ramsey 2012). The new employees are supposed to append their signatures to these terms and conditions before stating work to mean that they consent to the terms and conditions and accept the consequences stated therein (Wanda 2010).
It would not be an easy task comparing the labor standards between the United States and European Union since the U.S. is a sovereign nation as opposed to the EU, which is a political and economic union of sovereign countries. Since 1950s, the EU has been experiencing increased integration. It has evolved from a free trade zone in the early 1960s, to a customs union in the early 1990s, to a common market with full mobility of capital and labor in the late 1990s, to a partial economic union by the early years of the 21st century (Mattke 2010).
The evident difference in labor laws and governing principles is the fact that in the European Union, the governing principle is subsidiarity, where responsibility and power flows from the bottom up. However, the governing principle in the United States is supremacy, in which the top management levels take supremacy (Block, Berg & Roberts, 2003). Since the beginning of 1970s, the EU has promulgated directives in a wide range of labor and employment related matters, which include gender equality, employee movement among countries, individual employment contracts, and protection of young workers, working time and safety and health as corporate social responsibility (Block, Berg & Roberts, 2003). In the U.S., the scope of federal labor and employment legislations has been continually expanded. This phenomenon was facilitated by the U.S. supreme court decision supporting constitutional authority of the federal government to regulate employment within the States.
Additionally, whereas the labor standards in the United States are regulated at the federal level, some are regulated through common law rather than legislation in the EU. Finally, in the U.S., employment model is based on the primacy of market forces where optimal labor market outcomes are those produces by functioning of the market. However, the EU on the other hand bases its conception of employment on the principle that unregulated markets create an imbalance of power between the employee and employer (Block, Berg & Roberts, 2003). Therefore, institutionalized unions and government regulations are mandatory in creating a balance in employment.
If Mary chooses to file a formal complaint with a government agency, what challenges will she face?
The major challenge that Mary might face is the fact that the labor laws in the U.S. are dissimilar to those in Europe. Therefore, similar action would not be taken across the entire department. This could be because an offense in the United States would not amount to the same in Europe. The other challenge she might face is victimization from fellow employees. Since she is still new in the organization, these other employees might translate this as action as alienation. Her supervisors would not be pleased with her action of assuming their existence and reporting to a government agency when they would also feel capable of providing a solution to the problem. Therefore, they may interpret it as a disregard to their authority. As a result, she would receive a negative attitude from both her fellow employees and the supervisors thereby lowering her morale towards work.
Advise Mary on what course of action she should take.
Since her interest is serving the best interest of the organization, she should report to the manager’s supervisor. Even though this move would create tension between Mary and her immediate departmental manager, she would have grounds for defense since she had earlier raised this complain to this manager. This could be the best action since the employees are disregarding the terms and conditions that they agreed to before taking up these employment positions. Additionally, the supervisors might not be aware of the situation and disregarding him and reporting to a government agency would not serve the ethical responsibilities of Mary as an employee. She should always maintain her personal values while working in the organization.
Reference:
Block R. Berg P. & Roberts K. (2003). Comparing and Quantifying labor Standards in the United States and The European Union. Retrieved from http://www.ilo.org/public/english/iira/documents/congresses/world_13/track_3_block.pdf
Mattke E. (2010), Employees Rights and Employer Responsibilities. Retrieved from http://brainmass.com/business/international-business/367504
Ramsey D., (2012), Workplace Tips: Understanding Your Rights In The Work Place. Retrieved from http://www.essortment.com/workplace-tips-understanding-rights-work-place-24542.html
Wanda T. (2010). Rights and Duties of Employers and Employees. Retrieved from http://www.ehow.com/list_6673660_rights-duties-employers-employees.html
