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Basic features of India industrial relations system
Basic features of India industrial relations system
Legal Aspect Of Employment
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Employment law is not just a single law, something that most people believe it to be. In actuality, it is a complete system that was set up to help protect employees from employers by creating laws and standards of treatment that have to respected and followed by employers. This includes providing different types of benefits, such as health care insurance to not only the employees, but also their families. This system also prevents employers from discriminating towards any employee, in terms of religion, race, gender, disability and sexual orientation.
Employment law has become a very important part of the judiciary system because it helps to protect the most basic of human rights in the place of employment. There are plenty of other essential topics that this law covers. It is also and more commonly referred to as the Labor Law and it refers to the obligations and rights of the employee and employer, which are usually voiced through a contract between the two parties. However, this law should not be considered to be solely in the advantage of the employees, because in reality, some experts actually claim that the current Labor Law gives too much power and authority to the
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In addition, employers cannot take advantage of their employees in any way, or the employee has full authority to complain to authorities, such as forcing them to work overtime, without compensating them accordingly. The law actually covers two different types of protection laws. The first one is the collective labor laws, which are agreed upon between the workers union and the employers. This covers union strikes and picketing in the workplace environment. The other type of law is the individual labor laws that are either requirements by the state or federal government, such as working hours, minimum wage and
Equal Employment is giving the same employment opportunity to everyone without bias or discrimination because of race, religion, color or gender. Because of the importance of managing the practice of the federal government has established a Equal Employment Opportunity Commission (EEOC). This agency along with some others are responsible for ensuring organization abide by the law. What happens with the gray areas that organizations can finagle its way. In the case study of Cracker Barrel the gray area was found in the hiring of homosexuals. The homosexuals did not have a law that protect them from such discrimination, but that does not make it right.
The rise of capitalism as the dominant economic system in the United States made the rise of unions inevitable; given the natural division between those with capital that control the means of production, and labor, who is treated simply as another factor of production (Hodson & Sullivan, 2008). While labor unions have made significant improvements to the working environment, with the regulation of safety, environment, labor and wage; labor unions have also contributed to the decline of U.S. dominance in industries like steel, automotive, education and airlines. In today’s global economy, can labor unions continue to be a force for good in the United States, or have they become harmful institutions?
...ce to protect employers and employees alike. The laws put in place insure that employees are given specific rights that the employers are not allowed to take away; if there is any question as to who is “right,” the NLRB steps in to help decide what is fair given the situation. Without these laws, there would be very little stability in the work place, and employees would be at the mercy of their employers with no one to step in and help them. There is no question that the laws have been put in place have greatly helped the labor cause, and removing them would be a poor choice for everyone involved.
The Fair Labor Standards Act (FLSA) was originally enacted in 1938. The law is enforced by the Wage and Hour Division of the U.S. Department of Labor, and includes 5 major provisions that protect employees. (TEXT) The five provisions include: coverage, minimum wage, overtime pay, youth employment, and record keeping. Coverage refers to the types of workers whom are protected by the FLSA. The FLSA also handles compensation issues like minimum wage, commissions, bonuses, expenses like room and board and other various deductions. To ensure that employees receive adequate compensation for working additional hours the FLSA has developed rules governing overtime pay. The Act also created and implemented rules governing youth
The first legislation I am going to be talking about is the Pay Equity Act. The act was passed in order to restore sex-based wage discrimination in Ontario workplaces. The Equity Act applies to all public sector employees and private. In general the act identifies the rate of pay by comparing payment to female job classes with those paid to male job classes of similar value. In non-unionized workplaces, employers are having the freedom to review the Pay Equity Plan and make recommendations in order to change it. An example of the Pay Equity Act would be if you have a female and male both working as a swampier for an oil field company. They both have the same job responsibilities and work the same hours. If the boss of the company where to pay the male more because he was stronger and in general male and pay the women less that would be a violation. The women would have the right to contact Human Resources and file a complaint against her boss, and get the same rate of pay prior to the male. The Pay equity act in my opinion is important in the workplace because it creates equality and minimizes stereotypes against women in the workplace. You never want to be in a business or visit one that has an awkward atmosphere related to se...
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
Labor unions are organization of workers actively seeking to improve the economic and social well-being of its members. Through group action and collective bargaining there is greater success in pressuring the employers of an industry to improve working conditions and wages. Logically, coming together as employees in a group there tends to be more power as a collective voice versus an individual. If run correctly with the focus on the employees and reasonable rights, labor unions are definitely positive. However, when either employees or the companies they work for begin to have unreasonable demands, each wanting more and more, unionization can be counterproductive for the nation as a whole.
LGBTQ is an initialism for Lesbian, Gay, Bisexuality, Transsexuality, and Queer. “Queer” is a nomenclature for unlisted orientations and identities, such as Pansexuality, Asexuality, Non-binary gender, and so on. Through the continued uses of employee discrimination, bisexual/non-binary erasure, prejudices from religious people, and general marginalization has created an atrocious environment for a lot of LGBTQ individuals.
The discriminatory practices under these laws also include, harassment based on race, color, religion, sex, national origin, disability, genetic information, or age, retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices, employment decisions based on stereotypes. (“Federal Antidiscrimination laws,” 2016)
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
When it comes to contracts, there are certain elements or requirements, which need to be met in order for the contract to be valid. Defined, a contract is “an agreement that can be enforced in a court; formed by two or more parties who agree to perform or refrain from performing some act now or in the future” (Hollowell & Miller, 2014, p. 110). With contract law, there is the enforcement of promises made between two parties, even if made in private. Additionally if a promise is made, there is the possibility of the obligation falling into a moral liability rather than a legal liability. All in all, when it comes to business agreements, contract laws will apply to avoid any possible problems that may arise.
While implementing solutions to the high turnover rate, companies must know and understand the law. The law is created and enforced by the government to prevent any discrimination or biases between the company and employees. It also prevents the strong, corporations, from taking advantage of the weak, employees.
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.
In the state of Georgia, most workers are usually regarded as employees working "at will." This means that employees are working at the will of their employer and the employer can subsequently fire them at any time, for any reason, and without any legitimate notice (At Will Employment in Georgia – FindLaw, 2011). Essentially, a worker can be terminated for pretty much any reason at all, regardless if it is good or valid (At Will Employment in Georgia – FindLaw, 2011). Most workers however are protected under federal laws and employees also can 't be fired because they opposed unlawful employment practices (At Will Employment in Georgia – FindLaw, 2011).
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.