SlideShare a Scribd company logo

Employee relationship

•Download as DOCX, PDF•
•
M
Mohamed ramzan

Employee relations encompass all aspects of managing people at work, including the relationship between employers and employees. This relationship is vital to an organization's performance and productivity. The human resources department ensures employee interests and welfare are considered to avoid strained relations. This helps provide guidance to employees and resolve issues like poor performance or misconduct. Labor laws also mediate the employee-employer relationship and protect employee rights and benefits like minimum wage, workplace safety, and workers' compensation. Sri Lanka's Department of Labor aims to promote industrial peace, social protection, rights at work, and productivity for a satisfied workforce.

Related slideshows

Unit 1: Business and Business Environment
Unit 1: Business and Business EnvironmentUnit 1: Business and Business Environment
Unit 1: Business and Business Environment
 
Labor relation
Labor relationLabor relation
Labor relation
 
Labour law presentation
Labour law presentationLabour law presentation
Labour law presentation
 
1 of 13
E m p l o y e e R e l a t I o n s Prepared By Mohamed Ramzan Lecturer Ishri Haniffa Assessment 02
EMPLOYEE RELATIONS Employee relation can be seen as encompassing the study of all aspects of the people at work. its mainly connected with the relationship between employer and employee and their interaction at the work place. The relationship between the employer and the employee is very vital in the performance and the productivity of an organization. Every aspect to do with the employees in any organization is usually handled by the human resource department of the organization. These departments especially in the private sector and international organization must ensure that the interests of the employees and their welfare are considered to avoid constrained relations between the employer and the employee. This paper will look at the issues surrounding the employees’ relations in the international human resource management This is mostly concerned about the problems that occur in the workplace and how to solve it in affective way. Employees are the backbone of an organization so once they are happy with their work we can see more productivity it is a positive sign for the organization, to maintain this employer must know to prevent the problems that’s going to occur in present and future. Good employee relations also ensure that they are given guidance and information to help them in proper comprehension of the objectives, principles and policies of the organization. It also ensures that the employees have information about their rights and are helped to resolve their poor performance issues or workplace misconduct.
Labor law Labor law mediates the relationship between employees, employers, trade unions and the government. Collective labor law relates to the relationship between employee, employer and union. Individual labor law concerns employees' rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former U.S. Employment Standards Administration) enforce labor law (legislative, regulatory, or judicial). Labor law provide many benefits to employees, such as  Minimum wage – one of the most basic benefits of labor laws is minimum wage. They paid hourly or day. In UK per hour they are paid 6.31 pounds and Sri Lanka per month minimum wage is RS 6500  Workplace safety - Labor laws are also intended to ensure that employers provide safe and hospitable working conditions. If anything go wrong or damage to employees, employers are responsible for the incident  Other working condition - Employees are also required under federal law to provide working conditions that do not violate employees' basic rights. Such laws prohibit lie detector tests and various forms of harassment, such as sexual harassment, as well as discrimination on the basis of race and gender. They also protect "whistle-blowers," workers who report legal violations made by their employers.  Workers compensation - Workers compensation programs constitute another benefit to employees by providing compensation for employees who have been injured on the job, regardless of how they were hurt.
Injured employees can be reimbursed for their medical expenses and for pain and suffering which result from the injury. The federal program only covers federal employees and not all states have workers' compensation statutes. In some states, the amount an inured worker can recover is limited and the employee is prohibited from suing their employer in court, so this also provides some benefit to employers. Sri Lankan labor law The Department of Labor was started under the Indian Immigrant Labor Ordinance No. 01 of 1923, with the objective of providing welfare for migrant Indian estate Laborers. With the gradual realization of the Importance of the Local Labor Force, activities pertaining to the security and welfare of Labor Force were entrusted on a Labor Controller. Later, the Post of Labor Controller was changed in to the Commissioner of Labor, and in 1994, the Post of Commissioner General of Labor was created with comprehensive powers. The legislature has taken steps to pass about 50 basic legislations during the past 87 year period towards the welfare and protection of the Labor Force. The fundamental function of the Department of Labor is to implement these legislations. For this purpose, these functions are implemented Under 13 Principle Divisions of the Department, and in addition to that, 11 Zonal Labor Offices, 39 District Labor Offices, 17 Sub-Labor offices and 10 District Factory Inspecting Engineer's Offices are functioning.
The mission of Sri Lankan Labor and labor relation “Contribute towards the Socio-Economic Development through the Promotion of Industrial Peace and Harmony, Social Protection, Rights at Work and Productivity. The vision “"A Satisfied Productive Sri Lankan Labor force" Objectives  To empower and strengthen tripartite relationship  To ensure globally accepted rights and conditions at work  To eliminate child labor  To protect and empower employed women and promote gender equity and equality  To expedite relevant labor law reforms  To initiate action to develop a comprehensive social protection strategy Major thrust areas  Industrial Peace and Harmony - In accordance with article 12 of the Constitution, there can't be any discrimination on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of
such grounds. There is no special provision in constitution or labor laws to prevent discrimination in employment related matters. Laws also prohibit discrimination against disabled persons in matters of employment as well as workers involved in union activities and give equal rights to everyone in the workplace  Labor Standards and Enforcement - A Wage Board may fix a wage period for a specific trade and specify the days at the end of which the wages will be paid to the workers. If a worker is not covered under the Wage Board decision, an employer may fix the wage period. However, in either case, wage period can't exceed one month. Section 17 of Shop and Office Employees Act, 1954 requires the employer to furnish the particulars of a worker's employment on the start of his/her work. These particulars of employment contain the basic conditions of employment like job and its grade/scale for which an employee is hired, remuneration, wage period, overtime rates payable and other conditions of employment. (Regulation 15) Fixed hiring Sri Lankan labour Law allows hiring fixed term contract workers for tasks of permanent nature. (EWI) There is no provision on fixed term contracts in the labour laws. Notice Requirement The regulations require termination notice before terminating services of an employee. However, the law does not deal with individual dismissals rather it talks only about retrenchment (collective dismissals). Workers may be retrenched only after giving at least one month's notice. A worker is eligible for this one month notice only after one year of service. A worker with less than one year of service is not entitled to any notice. (Section 31-F of Industrial Disputes Act)  Protection of Working Women and Elimination of Child Labor – In accordance with section 345 of the Sri Lankan Penal Code, unwelcome sexual advances by a person of authority in a working place are
considered sexual harassment. The perpetrator of harassment may be punished either with imprisonment up to a term of five years, or with fine, or both. He/she may also be ordered by the court to pay an amount, as determined by the court, to the victim of harassment for injuries. In accordance with provisions of Employment of Women, Young Persons and Children’ Act, a child is a person under the age of 14 years. Section 13 of the Act prohibits employment of children except in those circumstances provided under the Act. Section 10 of Shop and Office Employees Act also prohibits employment of children under the age of 14 years.  Occupational, Safety and Health Employer cares In accordance with section 6 onwards of the Factories Ordinance, 1942, it is obligatory on the employer to ensure health, safety and welfare of persons at workplace. Free protection Different provisions under the Factories Ordinance, 1942 require the employer to provide free protective equipment (breathing apparatus, eye protection glasses, exhaust appliances) to the worker whose work involves exposure to wet or injurious substances. (Sections 32, 51, 53 & 58 of Factories Ordinance) Labour Inspection System Labour Inspection system seems quite in line with the provisions of C081 as Sri Lanka became the first South Asian country to launch the Labour Inspection System Application. The system allows the Labour Ministry to better coordinate its labour administration institutions in country's 56 labour department offices. The Industrial Safety Division works under the Department of Labour to ensure safety, health and welfare of workers at the workplace by registering factories and conducting routine inspections. Labour Inspection system is provided under various sections of Factories Ordinance.
 Social Protection Invalidity Benefit The Employees' Trust Fund Act, 1980 provides for invalidity benefit in the case of non-occupational accident/injury/disease resulting into permanent invalidity. The benefit is paid as a lump sum of the total employee and employer contributions plus interest (Section 24 of the Employees' Trust Fund Act,1980) Pension Rights Insured workers are eligible for old age benefit (pension) when they reach the age of 55 years (50 years for women workers), or when they retire from the covered employment and join public service, on the marriage of an employed women, on emigrating from Sri Lanka permanently, on permanent disability or on the closure of a workplace by government orders. A lump sum of employee and employer contributions plus interest is paid. (Section 23 of Employees' Provident Fund Act, 1958 Dependent's/Survivors' Benefit The regulations provide for survivor benefit for nominee or legal heirs. The benefit is paid as a lump sum of the total employee and employer contributions plus interest (Section 25 of the Employees' Trust Fund Act,1980)  Education, Training, Research and Development Training Section 26 of the Factories Ordinance requires that no young worker (under the age of 18 years) will be allowed to work on a machine unless he has been fully instructed about the dangers involved in operating the machine, has received sufficient training in that regard and is working under supervision of an experienced and knowledgeable worker.
UK Labor Department Employment contracts Employers within the UK can chose the legal system they wish to govern employment agreements. However, if no choice of law designation has been made in the employment agreement, the law of the country in which the employee is located will typically apply. Additionally, pursuant to the Employment Rights Act of 1996, all employees in the UK are entitled to receive, within two (2) months of hire, a written statement from their employer setting forth the terms and conditions of the employment. This statement is required for both fixed-term and indefinite contracts and must include the following information: • the employee’s date of commencement of employment and the duration of the employment; • job title and duties; • amount of pay and pay intervals; • place of employment; • sick pay; • normal hours of work; • holidays; • pension entitlement; • grievance and disciplinary procedures; • notice of termination requirements; and • Probationary period if applicable.
Employee wages The National Minimum Wage Act of 1998 sets forth the minimum pay per hour almost all workers within the UK are entitled to by law. The minimum wage rate varies per age group up to the age of twenty-one (21), but for any employee over twenty-one (21) years of age, the minimum wage rate is currently £6.19 an hour. The government is also set to publish consolidated and simplified National Minimum Wage Regulations in late April of 2013. An employee's standard number of working hours is the hours set forth in the employee's particular employment contract. Typically, adult employees may not be required to work in excess of forty-eight (48) hours per week. Employers are not required to pay workers for overtime for hours worked in excess of that set forth in the employment contract but, the employees' average pay for the total hours worked may not fall below the national minimum wage.
Discrimination Laws The primary legislation prohibiting discrimination and harassment in the UK is the Equality Act 2010. The law, which follows three major European Union Directives, strictly prohibits discrimination and harassment based upon a wide array of protected characteristics, including the following:  age;  disability;  gender reassignment;  marriage and civil partnership;  pregnancy and maternity;  race, ethnicity, national origin or skin color;  religion or belief;  sex;  sexual orientation;  part-time work;  fixed-term work; and  trade union membership activities.
Termination Employment contracts can be terminated for various reasons including expiration of the employment contract, termination by mutual agreement, death or retirement of the employee, dismissal of the employee, or due to a redundancy. Both the employee and employer are normally entitled to a minimum period of notice of termination of the employment relationship as set forth in the employee's employment agreement. The UK government is in the process of preparing a model template settlement agreement to be utilized when employers and employees wish to terminate the employment relationship and plans on introducing the template in the summer of 2013. Redundancies In the UK redundancies are implemented when employers determine that the company cannot afford to keep an employee and must terminate the employment. Long-term employees are entitled to compensation from their employers in the event they are made redundant and the law requires employers to act fairly when making redundancy decisions. Specifically, the employer is required to send the employee a written statement explaining why the employer wants to implement the redundancy and hold a consultation meeting. If the employer plans on dismissing more than twenty (20) employees, it must have a group consultation; otherwise the employer may consult employees individually. The employer must always consult with the employees at least 30 days before the dismissal and give them or their representatives written information about the proposed number of dismissals, the effect dismissals will have on the company and alternatives to dismissal.
Employee relationship

More Related Content

Employee relationship

  • 1. E m p l o y e e R e l a t I o n s Prepared By Mohamed Ramzan Lecturer Ishri Haniffa Assessment 02
  • 2. EMPLOYEE RELATIONS Employee relation can be seen as encompassing the study of all aspects of the people at work. its mainly connected with the relationship between employer and employee and their interaction at the work place. The relationship between the employer and the employee is very vital in the performance and the productivity of an organization. Every aspect to do with the employees in any organization is usually handled by the human resource department of the organization. These departments especially in the private sector and international organization must ensure that the interests of the employees and their welfare are considered to avoid constrained relations between the employer and the employee. This paper will look at the issues surrounding the employees’ relations in the international human resource management This is mostly concerned about the problems that occur in the workplace and how to solve it in affective way. Employees are the backbone of an organization so once they are happy with their work we can see more productivity it is a positive sign for the organization, to maintain this employer must know to prevent the problems that’s going to occur in present and future. Good employee relations also ensure that they are given guidance and information to help them in proper comprehension of the objectives, principles and policies of the organization. It also ensures that the employees have information about their rights and are helped to resolve their poor performance issues or workplace misconduct.
  • 3. Labor law Labor law mediates the relationship between employees, employers, trade unions and the government. Collective labor law relates to the relationship between employee, employer and union. Individual labor law concerns employees' rights at work and through the contract for work. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former U.S. Employment Standards Administration) enforce labor law (legislative, regulatory, or judicial). Labor law provide many benefits to employees, such as  Minimum wage – one of the most basic benefits of labor laws is minimum wage. They paid hourly or day. In UK per hour they are paid 6.31 pounds and Sri Lanka per month minimum wage is RS 6500  Workplace safety - Labor laws are also intended to ensure that employers provide safe and hospitable working conditions. If anything go wrong or damage to employees, employers are responsible for the incident  Other working condition - Employees are also required under federal law to provide working conditions that do not violate employees' basic rights. Such laws prohibit lie detector tests and various forms of harassment, such as sexual harassment, as well as discrimination on the basis of race and gender. They also protect "whistle-blowers," workers who report legal violations made by their employers.  Workers compensation - Workers compensation programs constitute another benefit to employees by providing compensation for employees who have been injured on the job, regardless of how they were hurt.
  • 4. Injured employees can be reimbursed for their medical expenses and for pain and suffering which result from the injury. The federal program only covers federal employees and not all states have workers' compensation statutes. In some states, the amount an inured worker can recover is limited and the employee is prohibited from suing their employer in court, so this also provides some benefit to employers. Sri Lankan labor law The Department of Labor was started under the Indian Immigrant Labor Ordinance No. 01 of 1923, with the objective of providing welfare for migrant Indian estate Laborers. With the gradual realization of the Importance of the Local Labor Force, activities pertaining to the security and welfare of Labor Force were entrusted on a Labor Controller. Later, the Post of Labor Controller was changed in to the Commissioner of Labor, and in 1994, the Post of Commissioner General of Labor was created with comprehensive powers. The legislature has taken steps to pass about 50 basic legislations during the past 87 year period towards the welfare and protection of the Labor Force. The fundamental function of the Department of Labor is to implement these legislations. For this purpose, these functions are implemented Under 13 Principle Divisions of the Department, and in addition to that, 11 Zonal Labor Offices, 39 District Labor Offices, 17 Sub-Labor offices and 10 District Factory Inspecting Engineer's Offices are functioning.
  • 5. The mission of Sri Lankan Labor and labor relation “Contribute towards the Socio-Economic Development through the Promotion of Industrial Peace and Harmony, Social Protection, Rights at Work and Productivity. The vision “"A Satisfied Productive Sri Lankan Labor force" Objectives  To empower and strengthen tripartite relationship  To ensure globally accepted rights and conditions at work  To eliminate child labor  To protect and empower employed women and promote gender equity and equality  To expedite relevant labor law reforms  To initiate action to develop a comprehensive social protection strategy Major thrust areas  Industrial Peace and Harmony - In accordance with article 12 of the Constitution, there can't be any discrimination on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of
  • 6. such grounds. There is no special provision in constitution or labor laws to prevent discrimination in employment related matters. Laws also prohibit discrimination against disabled persons in matters of employment as well as workers involved in union activities and give equal rights to everyone in the workplace  Labor Standards and Enforcement - A Wage Board may fix a wage period for a specific trade and specify the days at the end of which the wages will be paid to the workers. If a worker is not covered under the Wage Board decision, an employer may fix the wage period. However, in either case, wage period can't exceed one month. Section 17 of Shop and Office Employees Act, 1954 requires the employer to furnish the particulars of a worker's employment on the start of his/her work. These particulars of employment contain the basic conditions of employment like job and its grade/scale for which an employee is hired, remuneration, wage period, overtime rates payable and other conditions of employment. (Regulation 15) Fixed hiring Sri Lankan labour Law allows hiring fixed term contract workers for tasks of permanent nature. (EWI) There is no provision on fixed term contracts in the labour laws. Notice Requirement The regulations require termination notice before terminating services of an employee. However, the law does not deal with individual dismissals rather it talks only about retrenchment (collective dismissals). Workers may be retrenched only after giving at least one month's notice. A worker is eligible for this one month notice only after one year of service. A worker with less than one year of service is not entitled to any notice. (Section 31-F of Industrial Disputes Act)  Protection of Working Women and Elimination of Child Labor – In accordance with section 345 of the Sri Lankan Penal Code, unwelcome sexual advances by a person of authority in a working place are
  • 7. considered sexual harassment. The perpetrator of harassment may be punished either with imprisonment up to a term of five years, or with fine, or both. He/she may also be ordered by the court to pay an amount, as determined by the court, to the victim of harassment for injuries. In accordance with provisions of Employment of Women, Young Persons and Children’ Act, a child is a person under the age of 14 years. Section 13 of the Act prohibits employment of children except in those circumstances provided under the Act. Section 10 of Shop and Office Employees Act also prohibits employment of children under the age of 14 years.  Occupational, Safety and Health Employer cares In accordance with section 6 onwards of the Factories Ordinance, 1942, it is obligatory on the employer to ensure health, safety and welfare of persons at workplace. Free protection Different provisions under the Factories Ordinance, 1942 require the employer to provide free protective equipment (breathing apparatus, eye protection glasses, exhaust appliances) to the worker whose work involves exposure to wet or injurious substances. (Sections 32, 51, 53 & 58 of Factories Ordinance) Labour Inspection System Labour Inspection system seems quite in line with the provisions of C081 as Sri Lanka became the first South Asian country to launch the Labour Inspection System Application. The system allows the Labour Ministry to better coordinate its labour administration institutions in country's 56 labour department offices. The Industrial Safety Division works under the Department of Labour to ensure safety, health and welfare of workers at the workplace by registering factories and conducting routine inspections. Labour Inspection system is provided under various sections of Factories Ordinance.
  • 8.  Social Protection Invalidity Benefit The Employees' Trust Fund Act, 1980 provides for invalidity benefit in the case of non-occupational accident/injury/disease resulting into permanent invalidity. The benefit is paid as a lump sum of the total employee and employer contributions plus interest (Section 24 of the Employees' Trust Fund Act,1980) Pension Rights Insured workers are eligible for old age benefit (pension) when they reach the age of 55 years (50 years for women workers), or when they retire from the covered employment and join public service, on the marriage of an employed women, on emigrating from Sri Lanka permanently, on permanent disability or on the closure of a workplace by government orders. A lump sum of employee and employer contributions plus interest is paid. (Section 23 of Employees' Provident Fund Act, 1958 Dependent's/Survivors' Benefit The regulations provide for survivor benefit for nominee or legal heirs. The benefit is paid as a lump sum of the total employee and employer contributions plus interest (Section 25 of the Employees' Trust Fund Act,1980)  Education, Training, Research and Development Training Section 26 of the Factories Ordinance requires that no young worker (under the age of 18 years) will be allowed to work on a machine unless he has been fully instructed about the dangers involved in operating the machine, has received sufficient training in that regard and is working under supervision of an experienced and knowledgeable worker.
  • 9. UK Labor Department Employment contracts Employers within the UK can chose the legal system they wish to govern employment agreements. However, if no choice of law designation has been made in the employment agreement, the law of the country in which the employee is located will typically apply. Additionally, pursuant to the Employment Rights Act of 1996, all employees in the UK are entitled to receive, within two (2) months of hire, a written statement from their employer setting forth the terms and conditions of the employment. This statement is required for both fixed-term and indefinite contracts and must include the following information: • the employee’s date of commencement of employment and the duration of the employment; • job title and duties; • amount of pay and pay intervals; • place of employment; • sick pay; • normal hours of work; • holidays; • pension entitlement; • grievance and disciplinary procedures; • notice of termination requirements; and • Probationary period if applicable.
  • 10. Employee wages The National Minimum Wage Act of 1998 sets forth the minimum pay per hour almost all workers within the UK are entitled to by law. The minimum wage rate varies per age group up to the age of twenty-one (21), but for any employee over twenty-one (21) years of age, the minimum wage rate is currently £6.19 an hour. The government is also set to publish consolidated and simplified National Minimum Wage Regulations in late April of 2013. An employee's standard number of working hours is the hours set forth in the employee's particular employment contract. Typically, adult employees may not be required to work in excess of forty-eight (48) hours per week. Employers are not required to pay workers for overtime for hours worked in excess of that set forth in the employment contract but, the employees' average pay for the total hours worked may not fall below the national minimum wage.
  • 11. Discrimination Laws The primary legislation prohibiting discrimination and harassment in the UK is the Equality Act 2010. The law, which follows three major European Union Directives, strictly prohibits discrimination and harassment based upon a wide array of protected characteristics, including the following:  age;  disability;  gender reassignment;  marriage and civil partnership;  pregnancy and maternity;  race, ethnicity, national origin or skin color;  religion or belief;  sex;  sexual orientation;  part-time work;  fixed-term work; and  trade union membership activities.
  • 12. Termination Employment contracts can be terminated for various reasons including expiration of the employment contract, termination by mutual agreement, death or retirement of the employee, dismissal of the employee, or due to a redundancy. Both the employee and employer are normally entitled to a minimum period of notice of termination of the employment relationship as set forth in the employee's employment agreement. The UK government is in the process of preparing a model template settlement agreement to be utilized when employers and employees wish to terminate the employment relationship and plans on introducing the template in the summer of 2013. Redundancies In the UK redundancies are implemented when employers determine that the company cannot afford to keep an employee and must terminate the employment. Long-term employees are entitled to compensation from their employers in the event they are made redundant and the law requires employers to act fairly when making redundancy decisions. Specifically, the employer is required to send the employee a written statement explaining why the employer wants to implement the redundancy and hold a consultation meeting. If the employer plans on dismissing more than twenty (20) employees, it must have a group consultation; otherwise the employer may consult employees individually. The employer must always consult with the employees at least 30 days before the dismissal and give them or their representatives written information about the proposed number of dismissals, the effect dismissals will have on the company and alternatives to dismissal.