1.1 Internet factors that may affect employment relations; include: 1. Trade Unions: A group of workers bargains theirs mates' rights and gather to achieve common goals in the workplace; such as: Achieve higher health care and recruitment standards. Safety standards. Better working conditions. Negotiate labor contracts with the employers. Moreover, the trade union bargains the employees' demands with the employer and negotiates labor contracts. Their main purpose of trade unions is to maintain and improve conditions in the work place; like: negotiation of wages, work rules, complain procedures, firing and promotions, hiring and workplace policies. The impact of trade unions among employment relationships differs from an organization to another. In one hand, top management in the organization considers the union as consultant and employees’ representative to develop the employees’ status and figure out their demands. They respect each other’s duties and work cooperatively together. On the other hand, some organizations reject the existence of trade union in it; conflicts and clashes occur between them. The organization does its best to minimize the union roles and efforts. As the organization deals with the situation in a capitalist perspective and it will fight anything against its benefit. The employees are discriminated whether directly or indirectly. 2. Company Cultures: A company culture does not tend to present the manager and employees' relation only but it shows how the employees are treated. In a company where employees are working under pressure without reward and notice; they are tend to give low performance. While in a better conditions company with employees' rewarding strategy tends to give higher performance, and quality. Benefits and bonuses are also affect employee relations, as they tend to make employee feel valued and appreciated. 1 | Page External Factors: 1. Regional Status: The regional status is one of the most effective external factor that impact the organization. In the war situations, many dismissal cases occurs and economic crisis. The currency value decrease and austerity cases spread among the organization. 2. Competencies: Other companies’ competency regard the offers and new technology they offer; is one of the most effective factors on the employment relationships. The new technologies will make the employer requires qualified employees or will make him offers regular training courses to update them with the technologies. On the other hand, it could affect negatively on the relationships. The unqualified employees may face redundancy; as the organization seeking its benefit with less waste of time and money. 1.2, 1.3 Permanent contract: A contract without a specific ending work date. The employee assigned to have all the employment benefits, such as: holidays, paid vacations, health care assurance and retirement. Permanent employees may be eligible to join trade unions and may have the social and financial benefits of the employment. Temporary contract: A contract for certain period, where an employee is expected to leave the job in a defined time. Temporary employment is a dressed for both full-time and part-time job. In this type of contracts, and employee may enjoy having benefits, like health care in some occasions, but mainly those benefits are received by pregnant employees. Fixed-term contract: Employment contract that has an ending date or ends once a specific mission is done. The employee in this type of contract must receive the same conditions of permanent contract employee: Same pay or equivalent package. 2 | Page Same payment and conditions. Protection against redundancy or dismissal. It is important to determine the employment status to define the employer and employee’s responsibilities and duties against each other. Also, to state working hours, wages and legal issues; like: redundancy. The employee needs to know his working hours in case he is committed with another duties or to change his residence if needed. 2.1 Employee holidays: ” …… A worker is entitled in each leave year to a period of leave determined in accordance with paragraph (2). (2) The period of leave to which a worker is entitled under paragraph (1) is— (a)in any leave year beginning on or before 23rd November 1998, three weeks; (b)in any leave year beginning after 23rd November 1998 but before 23rd November 1999, three weeks and a proportion of a fourth week equivalent to the proportion of the year beginning on 23rd November 1998 which has elapsed at the start of that leave year; and (c)in any leave year beginning after 23rd November 1999, four weeks(The working time Regulations. 1998). ” Employee’s days of leave are calculated by multiplying days of work per week by 5.6 weeks; as the following Full time employees usually work 5 days a week: 5×5.6 = 28 paid days for annual leave. Part-time employees usually work 3 days a week: 3×5.6 = 16.3 paid days for annual leave. Rest periods: Employees are entitled to have three different types of rest periods according to the employment law in the United Kingdom: Rest breaks at work: A more than 6 daily working hours worker is entitle to have a daily break of uninterrupted 20 minutes during the working day; a tea break or lunch break. 3 | Page Daily rest: (1)An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer (The working time Regulations. 1998). A working has the right of 11 hours of rest between each two working days. ”” Weekly rest: (1) Subject to paragraph (2), an adult worker is entitled to an uninterrupted rest period of not less than 24 hours in each seven-day period during which he works for his employer. (2) If his employer so determines, an adult worker shall be entitled to either — (a)two uninterrupted rest periods each of not less than 24 hours in each 14day period during which he works for his employer; or (b)one uninterrupted rest period of not less than 48 hours in each such 14day period, in place of the entitlement provided for in paragraph (1)(The working time Regulations. 1998). Workers have the right of uninterrupted 24 hours each week or 48 hours each fortnight. Employees should have enough breaks to avoid their health and safety being in risks. ” ” Working hours: Workers 48 hours per week on average; unless they accept for more and sign it in the employment contract. This law underpin the name of "working time directive " or "working time regulations". Night working: A night worker’s normal hours of work in any reference period which is applicable in his case shall not exceed an average of eight hours for each 24 hours (The working time Regulations. 1998). Night workers must offered free health assessment before enrolling in the night working period. The must not exceed 17 weeks period unless there is a collective or workforce agreement between them and the employer, which may reach up to 52 weeks. Employers must not state more than 8 hours as an average for workers; as it's above their capability and they can't opt it therefore. ”” 4 | Page 2.2 Maternity leave: ” (1) An employee is entitled to ordinary maternity leave provided that she satisfies the following conditions— (a) at least 21 days before the date on which she intends her ordinary maternity leave period to start, or, if that is not reasonably practicable, as soon as is reasonably practicable, she notifies her employer of— (i) her pregnancy; (ii) the expected week of childbirth, and (iii) the date on which she intends her ordinary maternity leave period to start, and (b) if requested to do so by her employer, she produces for his inspection a certificate from— (i) a registered medical practitioner, or (ii) a registered midwife, stating the expected week of childbirth (The Maternity and Paternal Leave Regulations. 1999). ” Maternity leave is 52 weeks divided into two parts; the first 26 weeks are "Ordinary Maternity Leave" while the second 26 weeks are "Additional Maternity Leave”. The 52 weeks are not a must; a female worker may only takes 2 weeks leave or 4 weeks leave if she works in a factory. A pregnant worker may take an early leave 11 weeks before the expected week of childbirth. Also, in case she wants to change her return to work date; she must give her employer a notice 8 weeks before. Paternity Leave: ” (1) An employee who— (a) has been continuously employed for a period of not less than a year; and (b) has, or expects to have, responsibility for a child, Is entitled, in accordance with these Regulations, to be absent from work on parental leave for the purpose of caring for that child (The Maternity and Paternal Leave Regulations. 1999). ” Paternity leave consists of 1 or 2 weeks. The worker must inform his employer 28 days before the start date. Also, he can get additional leave depends on the remaining days from his wife leave. Worker can get 2 leaves for antenatal appointments to accompany pregnant; in case he is: The infant's father The mother's husband or civil partner In a long relationship with the mother 5 | Page Each appointment leave takes up to 6 and half hours; unless the employer allow for longer one. Adoption Leave: 2) ……… the employee— (a) is the child’s adopter; (b) has been continuously employed for a period of not less than 26 weeks ending with the week in which he was notified of having been matched with the child, and (c) has notified the agency that he agrees that the child should be placed with him and on the date of placement (The Paternity and Adoption Leave. 2002). ” ” Similar to Maternity Leave. Adoption Leave is 54 weeks divided into Ordinary 26 weeks Adoption Leave and Additional 26 weeks Adoption Leave. One of the couple is allowed to have Adoption Leave; while the other one can take Paternity Leave instead. Dependents’ Leave: An employee is allowed to have a leave to deal with an emergency; it involves: a spouse, child, parents or anyone the employee is caring for and looking after. There is no limit for dependents leaves but they should be reasonable. 2.3 When the employees are fairly paid; that will affect their performance in different aspects: Motivation: as the employees believe they will be rewarded for their performance; they will have motivation to work more. Therefore, the work productivity will increase. Also, fair payment will motivate and attract new employees to the organization. Being loyal to the organization despite the opportunities they might have in other organizations; as the fair recognition and payment is the first and most important impact in the employment relations. Fair payment gives impression of security and enables the employee to manage his personal responsibilities. 6 | Page 2.4 Direct Discrimination: According to the equality Act, Protected Characteristics are the following: age, disability, gender reassignment, marriage or civil partnership, race, religion or belief, sex, and sexual orientation. Once anyone gets accused or understand regard the Protected Characteristics, the accuser is punished in court. Indirect Discrimination: Indirect Discrimination is to be treated like else but at same time it has a negative impact regard the Protected Characteristics. So, according to Equality Act 2010 it is unlawful and the worker can take an action in civil courts Harassment: According to Equality Act 2010, harassment is unlawful Protected Characteristics, it includes; spreading rumors, unfair treatment, picking on someone, understating competent workers and denying someone’s training and promotion opportunities. Therefore, the employee should try to solve the problem informally. If that doesn’t work he should inform either the manager, Human Resources department or the trade union representative. If that doesn’t work, the employee can make formal complaint through his employer’s grievance procedure. If that doesn’t work too and the harassment still there; the employee can take a legal action at the employment tribunal. Victimization: Victimization is when an employee feels “picked on” after making complain about discrimination. Or when supporting a victimized colleague. Victimization could be solved informally through talking or negotiations. The next step is by raising a grievance to the employer in a written form. If this doesn’t solve the problem, the employee can make a claim to the employment tribunal. 2.5 Psychological Contract: Psychological Contract is unwritten contract consists of expectations and promises of employment relationships as distinguished from the formal contract. The promises could be promotions or salary increases. Besides, 7 | Page informal arrangements, believes and perceptions. Both employee and employer should managed their expectations from each other to avoid unreasonable expectations. At a deeper level the concept of Psychological Contract becomes increasingly complex and significant in work and management - especially in regular changing management and in large organizations. The Psychological Contract is usually seen from the standpoint or feelings of employees, although a full appreciation requires it to be understood from both sides. In my organization “Takween”, the employees are expecting commission in case they bring clients for training. Punctual employees in attendance expect recognition and thanks reward. 3.1 1. Fair Dismissal: Dismissal is considered fair when the employer has valid reasons: Lack in capability and conduct. Redundancy. Some legal features prevent the employee to continue his job like losing his driving license. Dismissal an employee covering another absent in maternity leave for example. Dismissal is only fair when the employee is involved in this produce and given a fair reason with the right to appeal. Being fair in the dismissal give the organization a good impact regard the reputation and being fair and appreciative to the dismissed employees. The dismissal is considered fair when it occurs on the old employees and keeps the new ones; especially when the employees are near to retire. Therefore, the opportunity is given to the new and youth energy to develop the organization. 2. Unfair dismissal: Even if the employee acts fairly in dismissal process, it is still unfair dismissal if the employee consider it unreasonable or was unfair. The following are some unfair dismissal cases: Maternity or pregnancy leave. Dependents or paternity leave. 8 | Page Adoption leave. Being trade union or employees’ representative. Joining or not joining trade union. Discriminated regard the protected characteristics. Once the employment tribunal finds dismiss is unfair; the organization would be asked to reinstate the dismissed employees in the same job or another. Also, the organization would be asked to pay compensation depend on the employees’ age, gross weekly pay and length of service. Moreover, the organization would be asked to pay extra compensation if it doesn’t follow the tribunal’s decision to reinstate an employee. Although keeping the old employees is more beneficial to the organization as they have more experience, it is unfair to dismissal to the new employees as they are new blood in the organization and need to prove their capacity in the workplace. 3.2 Exit interview: The exit interview does not have to be at the time of leaving the job but it could be rather up to 18 months later. It defines the strength and weakness aspects of the organization and enable the manager to improve them. It is more beneficial to hold the exit interview after sometime to insure the answers are honest and accurate; as the employee may get afraid that his answers will affect his job reference. The interview questions depend on the manger’s type of results he is looking for. The standard questions are about the following: 1. 2. 3. 4. 5. 6. 7. 8. The work experience and what the employee like about it. Aspects need to be improved. The primary reasons for leaving the job. The effect of the policies and procedures on the employee. Did the employee get enough support and training or not. Is it possible to work again in the same organization? What the new position give him? Any further comments the employee wants to share? 3.3 Redundancy is the process of dismissing employees due to changing the organization activity, using different tools or machineries, changing the 9 | Page location or closing down the business. The redundancy process go through the following steps: 1. Planning: Provide some documents about the redundancies' number and the alternatives in proper and organized documentations. 2. Consultation: There are some requirement to consult with employees or their representative; as: The reasons beyond the redundancy and should be fair and obvious Giving previous notice Provide alternative positions 3. Selection: The selection criteria will based on some factors: Skills, competencies and qualifications Work experience Performance Disciplinary and attendance records 4. Redundancy payment: All qualified employees with more than two years of service are entitled to have a statutory minimum amount. 5. Dismissal Procedures: The organization still go through the statutory dismissal procedures in all non-collective redundancy dismissal situation. Bibliography (2014, November). Retrieved from gov.uk: https://www.gov.uk/ (2014, December). Retrieved from thinkpeople: http://www.thinkpeople.co.uk/managing-redundancy-essentials-and-tips/ 10 | P a g e (2014, December). Retrieved from adviceguide: http://www.adviceguide.org.uk/wales/discrimination_w/discrimination_unlawfu l_conduct_e/ge11_direct_discrimination.htm (2014, December). Retrieved from hrzone: http://www.hrzone.com/hrglossary/psychological-contract-definition (2014, December). Retrieved from trilliumteams: http://www.trilliumteams.com/articles/23/why-are-exit-interviews-important?(2014, December). Retrieved from careerminer: http://careerminer.infomine.com/the-importance-of-exit-interviews/ (Legislation, 2014). Retrieved from legislation: http://www.legislation.gov.uk/ 11 | P a g e
Report "Supporting Good Practice in Managing Employment Relations"