Agency and Employment
There are several differences between agency and employment, in which there might be different benefits to each side depending on what the individual is searching for. Under employment we are controlled by the employer, we have many benefits, receive payment and are protected under anti-discrimination laws, in addition we can contest against unfair labor practices. Independent contractors are not controlled by contractor and only receive payment on the service provided and no additional benefits, they are not protected under anti-discrimination laws and cannot contest against unfair labor practices.
Agency is a relationship created by contract or by law in which one party grants authority for another party, the agent acts on behalf of and under the control of the principle to deal with a third party, as stated “contract under which one party is authorized to contract for another” pg. 311).
Employment is what governs the employer and employee relationship which also includes individual employment contracts, there are regulations on issues such as rights to negotiate collective bargaining, wages, discrimination and safety as reflected on (Ashcroft’s textbook).
…show more content…
Also referred to as labor law, these rules are primarily designed to keep workers safe and make sure they are treated fairly.”( www.hg.org) under employment we receive an ongoing salary, we are eligible to receive unemployment if let go from work, entitled to workers compensation, not easily fired, it needs to be for a good reason and are protected under the anti-discrimination
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
In 2012 nearly 205,000 people were employed as a physical therapist in the United States. The average salary of a physical therapist in 2012 was $79,860 per year. The number of jobs is estimated to grow 36% from 2012-2022. This job of physical therapy involves many and very important tasks to fulfill the needs of their patients. It requires many different educational requirements and you must have strong people skills.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
... includes acts protecting most of employees. Besides, there is an enforcement practice of these acts by courts, arbitration courts and governmental institutions (EEOC). The Equal Employment Opportunity Commission plays an important role in protecting employees’ rights. A thorough study of the cases carried out in this work proves that the USA has a well-balanced anti-discrimination system.
Work and employment have been, and still are one of the prominent reasons why so many Asians continue to immigrate to the United States. As early as the Gold Rush in 1840s, when gold was discovered in the Sacramento Valley in California, which led many Chinese to come to the U.S. to find their fortune and return home rich, Asians (primarily Chinese then) had been coming to the United States. In addition to working in the gold mines, Chinese also worked as small merchants, domestics, farmers, grocers, and starting in 1865, as railroad workers on the famous Transcontinental Railroad project.
There are federal laws that prevent discrimination in the workplace which is what the Equal Employment Opportunity Commission (EEOC) is for. They “enforce antidiscrimination laws, and protect individuals and groups from discrimination.” (Plunkett, Allen, Attner). Some of the important laws are the Equal Pay Act, American with Disabilities Act, Title VII 1964 Civil Rights Act and many more. These laws clearly state the provisions that employers must always follow in the workplace.
Throughout the years the United States has faced many challenges with equal employment opportunities for everyone. The United States has developed The Equal Employment Opportunity Commission, also known as the EEOC, to enforce laws that help prevent everyone from being treated unfairly when it comes to employment options. The EEOC has established stipulations and overlooks all of the federal equal employment opportunity regulations, practices and policies (“Federal Laws Prohibiting Job Discrimination Questions and Answers”). Some laws that have been passed are the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and Age Discrimination in Employment Act of 1967. Although some discrimination is still a problem, all of these laws have helped the United States citizens become treated more equally in the work force.
An agency relationship is formed between two parties when one party (the agent) agrees to represent another party (the principal). Normally, all employees who deal with third parties are considered agents. Principal-Agent relationships are defined as the understanding that the agent will act for and on behalf of the principal. (Cheeseman) The agent assumes an obligation of loyalty to the principal that he will follow the principal’s instructions and will neither intentionally nor negligently act improperly in the performance of the act. An agent cannot take personal advantage of the business opportunities the agency position uncovers. A principal-agent relationship is fiduciary, meaning these obligations bring forth a fiduciary relationship of trust and confidence. As such, an agency relationship is governed by employment law.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes. The external environmental factors that would influence employment relations are political, economic, social, technological, legal and environmental.
Therefore, when the employee follows the job schedule, they can prevent work overload because of a systematic system applied by the company. The Civil Rights Act of 1964 also stated the laws to protect discrimination based on colour, age, gender, national origin and religion in the workplace. These laws are designed to make sure every employee is treated fairly in their workplace. In Australia, employers should implement best practice on how to maintain privacy in the workplace in accordance with the privacy standards set out in the Australian Privacy Principles (APPs).
The role of the government on industrial relations is very important as it sets the legal framework that industrial relations operates in. Appropriate industrial relations legislation should recognize the requirements of both employers and employee’s. Both the employee and the employer want to profit from each other but are also reliant on each other. This means that the equal bargaining power of employers and workers must be recognized (Peetz, David. 2006). Appropriate industrial relations laws should address any imbalance of power and give both groups an equal degree of control. Appropriate industrial relations should not only allow a mixture of both collective and individual bargaining but also facilitate employee participation in day to day workplace decisions. After all it’s the structure and framework of the employment relationship, which is governed by legislation that leads to good Industrial Relations.
Employability is a multifaceted concept and one of the major subjects of debate in terms of what it is, how it is measured, how it is developed, and who is responsible for it. It is also one of the widely debated issues of accrediting and determining world class higher education institutions which could go a long way in systematically improving the performance of an institution as well as an individual. Most of the studies regarding employability have found lesser understanding of this concept especially in graduates who need to be well versed with the concept of employability as they are the force that ignite this notion and take it forward to the workplaces and to the employers they encounter during their careers. There is a need of awareness
It is important to know what an employer and employee are according to legislation as both have several rights. An employee is ‘. . . an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.’ An employer is "... in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed". This is crucial to whether or not an employer can stop an employee from working with others or themselves after and during employment as, without a contract the employee can leave their current job and work fo...