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Explanatory Framework In Employment Relationship

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Question:

Discuss about the Explanatory Framework in Employment Relationship.
 
 

Answer:

Introduction

Employment is explained as a give and take relation, existing among the employee and employer. This link results in the creation of an agreement in the payment of limited amount after the contract term are finished (Gennard, Judge, Bennett and Saundry 2016). Employment relations are therefore impacted by different factors like, work term; employment place, payment according to agreement, payment mode, amount finalized for payment, completion of employment term, employment terms, working conditions, employment laws, adopting set of employment rules, advantages and loss due to employment state, inflation, regulations of employment, market rate of employment, and directions of government (Employee relations: an overview - Factsheets - CIPD 2014).

Employment place- if the employment place is too far away from the place, where employees are residing and if there is a lack of efficient given at the working location. Then, in that case, employees will explore the nearby place (Gennard, Judge, Bennett and Saundry 2016). Therefore, it’s important that employer should take care of the employee's transfer to the workplace in the most efficient and proper way, so that staff come in office without any tiredness and don’t get late (Employee relations: an overview - Factsheets - CIPD 2014).

The employment working condition covers up light arrangements, space, air, the supply of water and various other requirements of working place (Gennard, Judge, Bennett and Saundry 2016). Therefore, a healthy workplace is referred as the place, where staff explores the most suitable work environment, including air conditional environment, bright arrangement of light, available and clean water supply, space for moving the process of production, as well as hindering the employee’s movement.

Working conditions also cover up right relations of employees, along with employer and employee relations (Gennard, Judge, Bennett and Saundry 2016). That is considered as the healthy relationship existing among the employees as well as the company, who confirm the employee's presence for a long time (Employee relations: an overview - Factsheets - CIPD 2014). Therefore, in case the employee is suffering from the bad relationship at the workspace, then they will rightly look for the opportunities of employment, within the company or outside the enterprise.

The rate of wage- the rate of wage, which exists within the industry in various factors that impact the relations of employment (Gennard, Judge, Bennett and Saundry 2016). That is why, if the rate of wage is less within the company in comparison with the industry than in that case, the employees will get tempted towards the job offered in the company (McFarlane Shore and Tetrick 1994). It will lead to head hunting easier, and the organization might lose talented staff. On the other side, if the rate of wage is more than in that case industry will come in a position to attract talented employees from the industry (Martin 2010).

Various other organizations working conditions- the working conditions of other organizations are also part of the employee relation (McFarlane Shore and Tetrick 1994). Therefore, if the working condition of other organization within the related industry is healthier, employee friendly and safer, than staff will feel dissatisfied with its current job, and then they will try to move towards grabbing a new job in another firm (Gennard, Judge, Bennett and Saundry 2016).

 

Explain the different types of employment status

Permanent- Permanent employment is considered as a situation, in which employees enjoy their full-time employment, along with various other benefits, which includes perks, paid leaves and numerous other advantages, which are showered on an individual during the period of retirement (McFarlane Shore and Tetrick 1994). The permanent employees are also entitled to attaining every medical advantage during the employment period.

Temporary- the temporary employment is referred as the situation, where employees are kept above the probation basis or either due to the irregular needs (McFarlane Shore and Tetrick 1994). Therefore, such employees are often not entitled to real advantage, and often fringes take benefits of permanent employment. But still, they are offered with basic benefits like medical leave, medical aid, time for rest and various others. These staffs are also sometimes kept as the permanent employees if there work liked by employers (McFarlane Shore and Tetrick 1994).

Seasonal- the seasonal employees, cover up, all such employees that are hired for the particular period. They are mainly employed for the given time, along with specific work purpose that is ending, or either finish with termed of service of the seasonal employee (McFarlane Shore and Tetrick 1994).

The employee can easily take an idea for benefits and earnings, so that they can quickly decide about joining the job in advance, instead of creating any remorse over the step, which is taken during job duration (Rousseau 1989). The employer can also easily distribute the work between various status employees.

The organization can measure the payroll, which is paid at the end of the month. The particular manager can offer new entrants, with the responsibility that is mainly given to the temporary employees (Rousseau 1989). During the employer and employee relationships, employee’s rights include different features. It is important that employers should offer rights in the workplace, where else, and employee should try to meet the responsibility according to the employment contract. It is important. Therefore, both rights and responsibilities of both employer and employees are understood (Smith 2009). Each employee is highly entitled towards the core rights, during working time. While these rights often differ in certain industries, the core employee rights are applied in every business (Gennard, Judge, Bennett and Saundry 2016).

The employer’s rights during the relationship between employer and employee include the followings:

A well-written statement about the terms of conditions of employment, along with details and names of both the employee and employer (Gennard and Judge 2005). While the entire contract need not be mentioned in writing, specific terms and conditions of employment should be referred to in writing in two months of employment starting period (Blyton and Turnbull 2004). It would cover up ways of calculating pay and whether there is any sick pay scheme within the operation. In the case of fixed-term employees, it will include, circumstances, under which employment will get end (Gennard and Judge 2005). According to the written statement, such as pay slip, all employees are paid. It is important that pay slip gets gross pay and include every deduction made through it.

Minimum wage payment- the highest working week average is around 48 hours every week (Gennard and Judge 2005). The most top 48 hour week relies on the average measured in four month time. It is noted that unpaid breaks during the time of working hours. Each staff holds the right of 15 minutes break, in case they are working for 30 minutes, and then they can get six working hours (Gennard, Judge, Bennett and Saundry 2016). The minimum notice amount before the dismissal includes the staff entitlement for getting less notice amount along with the reason for employment cease dismissal. The less amount of notice relies on service length. Therefore, employees rights rely on, payroll, bonus, holidays, medical aid, leaves, and dismissal (Gennard, Judge, Bennett and Saundry 2016).

The significance of work-life balance, as well as associated legislation, cover up, legislation for rest periods, holidays, night working, working period and hours. That implies, fix some holidays will be included in casual leaves (Work-Life Balance with Employees 2014). The rest period is also part of the working time. Along with this, working hours are prefixed according to the government norms (Gennard, Judge, Bennett and Saundry 2016). In the case of night shifts, extra benefits are given, and the same is confirmed by smooth functioning of work during that period.

Legislation plays a major role in how the work life balance can be easily implemented. The Working time regulation of 1988, implies that the staff cannot force to work for more than 48 hours in every week (The Works Foundation – Definition 2017). It means that the employees can make sure that they take part in personal external activities, occurring in the workplace, that in turn reward Pershing with the committed and dedicated workforce (Gennard, Judge, Bennett and Saundry 2016).

 

Summarise the legal support that may be given to employees as a family member.

Pershing Helps legislation, which provides legal support to their employees and their families. Firstly, the support is provided from the Paternity and Adoption Leave Regs 2002. This law permits staff to quickly collect paid adaptation by leaving their choice for adopting the child (Gennard, Judge, Bennett and Saundry 2016).

Secondly, as per the maternity and parental leave Regs 1999, it permits female staff to apply for fundamental rights, such as time off for the anti-natal care, not in case of unfairly dismissed, and the selection to work after birth of child (Maternity, paternity and adoption rights - Factsheets - CIPD 2014). Parental leave offers staff with a right to go on unpaid leave for supporting dependents in case of emergency, which is entirely funded by Pershing (Gennard, Judge, Bennett and Saundry 2016).

Thirdly, as per the flexible working 1997, this law offers the statutory rights to staff for requesting the flexible working conditions. At Pershing, which is viewed as the form of changes taking place in working hours, and employee’s location (Gennard, Judge, Bennett and Saundry 2016).

Finally, as per the employment act, 2002 that cover up paternity leave is entitled to apply for statutory paternity leave of 2 months. Pershing will also give this leave, as far as staff offer documentation to help in childbirth and provide needed notice (Armstrong 2003).

Equal Pay Act 1970 came into existence for eliminating the discrimination among men and women in the context of remuneration (Equality Act 2010 2014). The key reason, which clearly justifies for treating employees fairly in the context of pay is that low type of earnings makes it challenging for women to take care of the family (Gennard, Judge, Bennett and Saundry 2016). Institute for women policy research report has explored that, if women’s are paid correctly, then the income of single women would have raised more than 13.4%, and single mothers would have earned more than 17% (Gennard, Judge, Bennett and Saundry 2016). It would enhance the women’s ability from the concern of economic background to offer support to the families. Particularly, if families got low income for women, then the same will impact the benefits package. However, in the case of Pershing, benefits are decided according to the yearly salary, and salaries are set as the benchmark for the level of job (Gennard, Judge, Bennett and Saundry 2016). It makes sure that the salaries are right for the particular job, regardless of race, gender, and age and also ensure that there is no discrimination between employees.

Summarise the main points of discrimination legislation

Direct discrimination takes place when employer directly tries to discriminate by person’s sex, age, disability, race, sexual orientation, and religion. At the stage of Pershing, every employee is equally treated, by not discriminating among old employees and young, who are dong similar job (Crawshaw, Williamson and Cullen 2006).

Indirect discrimination happens when the discrimination is less than something direct like sex (Types of discrimination 2014). For example, there was a change in shift at Pershing system, which implies that the employees that previously begin at 6 am and completed at 2 pm, will start at 8 am and end at 5 pm (Crawshaw, Williamson and Cullen 2006). Another example, a mother might claim that she suffers from the indirect sex discrimination, as the changes take place in shifts, mainly for disadvantaged females who want to collect their children from the schools (Human resources jobs, news & events - People Management 2014).

Victimization is also referred as the discrimination, in which employer try to treat their staff less favorably from one reason to the other (Crawshaw, Williamson and Cullen 2006). At Pershing, the team has placed facts about the claim made for discrimination, and after six months, they were victimized through the line manager, due to the happening of an event (Gennard, Judge, Bennett and Saundry 2016).

Harassment is also discrimination, in which employer and employees try to violate the dignity of an individual or try to create the offensive environment for them (Crawshaw, Williamson and Cullen 2006). Such type of situation has not taken place at perishing, but according to the harassment, act started in 1997 for protecting the individuals from the situation of harassment in and outside an organization.

The psychological contract concept implies that each person should be equally and respectfully treated in the company. In an organization, there should be no discrimination by race, religion, sex and various other ground (The psychological contract 2014). The concept of psychological contract can be explained as the belief of an individual about the exchange agreement terms among employer and employee (Crawshaw, Williamson and Cullen 2006). It relates to transfer of an idea among the parties. Candidates apply for employment with the belief, obligations, and expectations that they wouldn’t be anticipated. Along with that, the employer holds the reciprocal belief, commitment, and expectations, by leaving the place of exchange (Gennard, Judge, Bennett and Saundry 2016).

Along with that, it is crucial to note that the psychological contract should not include products that are found in the contract of employment. Instead of defined promises and objectives, it relates to personal, implicit as well as malleable ones (Crawshaw, Williamson and Cullen 2006). The examples described with procedures and policies are underpinned below:

All women and men are referred as equal, before officials and are bound with the set of rules within the company. In the business, discrimination should not be made by religion or class (Towers 2004). The concerned authority should always take right decisions.

 

Explain the differences between fair and unfair dismissals.

The variation among the fair as well as unfair dismissal is given below:

The fair dismissal relies on the facts and follows every step, where else, unfair dismissal is biased and goes under pressure of other individual orders or either self-consumed thoughts (Leat 2012). A fair dismissal is also followed through the process of altering the termination within a set time of one month. Where else, unfair dismissal is taken on the spot. Complete payment is given to the employees in case of fair dismissal, where else, the payment are cut in case of unfair dismissal (Why treat Employees Fairly? 2014).

There are mainly two similar used methods for collecting information from the employees when they resign from the position (Gennard, Judge, Bennett and Saundry 2016). It is important to offer employees with an adoption of placing a request for in-person exit interview, or by filling the exit questionnaire, or either both (Bingham 2016). The exit interview supports in exploring the reason that exists behind the cause of such type of acts that lead to termination. It also helps in enhancing the reason for dismissal or termination. The exit interview supports in exploring the actual culprit behind all problems in an organization (Denning 2000).

Critical stages of redundancies are given below:

The situation of redundancy occurs, when the employer proposes for the dismissal of the redundant twenty or either more employees at the settlement in 90 days. In this context, the redundancy definition differs from one used for setting up the entitlement towards the payment of statutory redundancy (Redundancy - Factsheets - CIPD 2014). It implies, the dismissal for the purpose not related to the individual staff. It Might happen, for instance, where the plant or business close down, or either where the staff no longer require, as various employees undertake the specific task (Citizens Advice - Redundancy – procedures your employer must follow 2014). It might even happen, where the dismissal take place in the reallocation as well as the reorganization of work, but there is a total reduction in the hired employees, as an employer might hire a new one (Citizens Advice - Redundancy – procedures your employer must follow 2014).

The obligations might apply when the employer try to provide optional employment over various terms and conditions to individual employees, with the outcome that the number might warrant dismissal in less than the time of twenty. It might go in the case if the staff is redeployed over various terms and conditions that accept the new post for dismissal as well as re-engagement (Redundancy - Factsheets - CIPD 2014). The obligations are also applied towards the compulsory redundancies, but in specific situations might also implement voluntary redundancies, if the employees hold original choice, whether to stay or leave.

 

Conclusion

In the end, it is noted that employee relation need to pass by all the formal stages, which start from the admission and end at dismissal. Therefore, it’s better to go with the steps before getting terminated. It is noted that exit interview supports in enhancing the company functioning.

 

 

References

Armstrong, M. 2003. A Handbook of Human Resource Management Practice, 9th edition. London: Kogan Page

Bingham, C. 2016. Employment Relations: Fairness and Trust in the Workplace. SAGE

Blyton, P., and Turnbull, P. 2004. The Dynamics of Employee Relations. Palgrave Macmillan

Citizens Advice - Redundancy – procedures your employer must follow. 2014. Citizens Advice - Redundancy – procedures your employer must follow. [ONLINE] Available at: https://www.adviceguide.org.uk/wales/work_w/work_work_comes_to_an_end_e/work_redundancy_e/redundancy___procedures_your_employer_must_follow.htm. [Accessed on: 8th May 2017].

Crawshaw, R., Williamson, T., and Cullen, S. 2006. Human Rights and Policing: Second Revised Edition. BRILL

Denning, S. L. 2000. Practice of Workplace Participation: Management-Employee. IAP

Employee relations: an overview - Factsheets - CIPD. 2014. Employee relations: an overview - Factsheets - CIPD. [ONLINE] Available at: https://www.cipd.co.uk/hr-resources/factsheets/employee-relations-overview.aspx. [Accessed on: 8th May 2017].

Equality Act 2010. 2014. Equality Act 2010. [ONLINE] Available at: https://www.legislation.gov.uk/ukpga/2010/15/section/5. [Accessed on: 8th May 2017].

Gennard, J., and Judge, G. 2005. Employee Relations. CIPD Publishing

Gennard, J., Judge, G., Bennett, T., and Saundry, R. 2016. Managing Employment Relations. McGraw-Hill Education

Human resources jobs, news & events - People Management. 2014. HR news, jobs & blogs | Human resources jobs, news & events - People Management. [ONLINE] Available at: https://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2013/01/29/quickguideworkandfamiliesact2006-2007-04.aspx. [Accessed on: 8th May 2017].

Leat, M. 2012. Exploring Employee Relations. Routledge

Martin, J. 2010. Key Concepts in Human Resource Management. SAGE

Maternity, paternity and adoption rights - Factsheets - CIPD. 2014. Maternity, paternity and adoption rights - Factsheets – CIPD. [ONLINE] Available at: https://www.cipd.co.uk/hr-resources/factsheets/maternity-paternity-adoption-rights.aspx. [Accessed on: 8th May 2017].

McFarlane Shore, L. and Tetrick, L.E. 1994. The psychological contract as an explanatory framework in the employment relationship, In: Cooper, C.L and Rousseau, D.M. Trends in organisational behaviour. London: John Wiley & Sons

Redundancy - Factsheets - CIPD. 2014. Redundancy - Factsheets – CIPD.  [ONLINE] Available at: https://www.cipd.co.uk/hr-resources/factsheets/redundancy.aspx. [Accessed on: 8th May 2017].

Rousseau, D.M. 1989. New hire perspectives of their own and their employer’s obligations: A study of psychological contracts. Journal of Organisational Behaviour, 11, pp. 389-400.

Smith. 2009. Why Equal Pay is still Important. [Online] Available from:
https://www.americanprogress.org/issues/2009/01/equal_pay_reasons.html
[Accessed on: 8th May 2017].

The psychological contract. 2014. Theory, diagrams, definitions, examples of the psychological contract in work, businesses, organizations and management. the psychological contract, theory, diagrams, definitions, examples of the psychological contract in work, businesses, organizations and management. [ONLINE] Available at: https://www.businessballs.com/psychological-contracts-theory.htm. [Accessed on: 8th May 2017].

The Works Foundation – Definition. 2017. [Online] Available from:
https://www.theworkfoundation.com/difference/e4wlb/definition.aspx
[Accessed on: 8th May 2017].

Towers, B. 2004. The Handbook of Employment Relations: Law and Practice. Kogan Page Publishers

Types of discrimination. 2014. Definitions: Equality Law: Promoting Equality, Preventing Discrimination. Types of discrimination: definitions: Equality Law :: Promoting Equality, Preventing Discrimination. [ONLINE] Available at: https://www.equality-law.co.uk/news/106/66/Types-of-discrimination-definitions/. [Accessed on: 8th May 2017].

Why treat Employees Fairly? 2014. Why treat Employees Fairly?. [ONLINE] Available at: https://www.citeman.com/10892-why-treat-employees-fairly.html. [Accessed on: 8th May 2017].

Work-Life Balance with Employees. 2014. Society | CSR (Corporate Social Responsibility) | OMRON Global. 2014. Work-Life Balance with Employees | Society | CSR (Corporate Social Responsibility) | OMRON Global. [ONLINE] Available at: https://www.omron.com/about/csr/society/employee/work_life/ [Accessed on: 8th May 2017].

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