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Employment Law Analysis for National Bank Dubai Saudi Arabian Branch

   

Added on  2023-06-14

23 Pages5816 Words90 Views
Running Head: 5EML
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Name of the Student:
Name of the University:
Author Note

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Executive summary
The nature of employment is such that the bargaining power of employers is much more as
compared to that of the employees and therefore there is a risk that the employee may be
exploited.Provisions of employment law are imposed on the system to balance the rights between
the employee and the employer in terms of the employment contract. Every human resource
manager has to be aware of law which deals with the relationship between an employee and the
employer. There are various areas in which the law operates including discrimination, wages,
leaves, health and safety, work time regulations, unfair dismissal, transfer of business,
redundancy, and wrongful dismissal, right to be accompanied and right to freedom off
association. The primary purpose of this paper is to analyze all such areas of employment law in
the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law. One of the
primary area in which employment law operates is that of an employment contract. An
employment contract sets out the rights and liabilities of employer and the employee in relation
to the employment. The paper discusses various aspect of the contract of employment.

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Table of Contents
Introduction......................................................................................................................................4
Answer 1.1.......................................................................................................................................4
Answer 1.2.......................................................................................................................................5
Answer 1.3.......................................................................................................................................6
Answer 2.1.......................................................................................................................................7
Answer 2.2.......................................................................................................................................7
Answer 3.1.......................................................................................................................................8
Answer 3.2.......................................................................................................................................9
Answer 3.3.....................................................................................................................................10
Answer 4.1.....................................................................................................................................11
Answer 4.2.....................................................................................................................................11
Answer 4.3.....................................................................................................................................12
Answer 5.1.....................................................................................................................................13
Answer 5.2.....................................................................................................................................14
Answer 5.3.....................................................................................................................................15
Answer 6.1.....................................................................................................................................15
Answer 6.2.....................................................................................................................................16
Conclusion.....................................................................................................................................17
Recommendations..........................................................................................................................17

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References......................................................................................................................................19

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Introduction
Every human resource manager has to be aware of law which deals with the relationship between
an employee and the employer. There are various areas in which the law operates including
discrimination, wages, leaves, health and safety, work time regulations, unfair dismissal, transfer
of business, redundancy, and wrongful dismissal, right to be accompanied and right to freedom
off association. The primary purpose of this paper is to analyze all such areas of employment law
in the light of live examples which have been witnessed by me while working for National Bank
Dubai Saudi Arabian branch. The paper highlights what the area of law suggests to the managers
and what steps they must take in relation to effectively complying with the law.
Answer 1.1
Explain the aims and objectives of employment law.
Employment law is a branch of law which specifically deals with the relationship between the
employees and the employer. The nature of employment is such that the bargaining power of
employers is much more as compared to that of the employees and therefore there is a risk that
the employee may be exploited. In the given situation provisions of employment law are
imposed on the system to balance the rights between the employee and the employer in terms of
the employment contract. One of the primary area in which employment law operates is that of
an employment contract. An employment contract sets out the rights and liabilities of employer
and the employee in relation to the employment. The terms of the contract has to be incorporated
according to legal provisions. For example where the Employment Relation Act 1994 sets out

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the leave entitlements for an employee, the employer has no right to take away such entitlements
from the employment contract. In my organization which is National Bank Dubai Saudi Arabian
branch all such leaves are provided to the employees. In situation where it is identified that any
regulation or provisions in relation to employment law set out through various legislations and
directives are violated the wrongdoer is subjected to fines and penalties. For instance where an
employee has been dismissed without proper procedures of dismissals being followed, he or she
has the right to make a claim for wrongful dismissal under the ERA. In the same way if an
employee is subjected to discrimination a claim can be made under the provisions of the Equality
Act 2010. The Law ensures that the balance between employee rights and proper functioning of
businesses is maintained (Barnard 2012).
Answer 1.2
Describe the role played by the tribunal and courts system in enforcing employment law.
An employment Tribunal is a kind of independent judicial body which has been incorporated for
the purpose of addressing dispute which arise within the employment relationship in relation to
employment rights. The Tribunal has the right to hear employment matters like wages,
discrimination, unfair dismissal and redundancy pay. As compared to a court the nature of an
employment Tribunal is less formal. Unlike a court, the Tribunal does not have the right to
provide a legal advice (CIPD 2018). The primary purpose of an employment Tribunal is to
address the issues which come up in employment relationships. It determines in the light of
various evidence provided by the parties that whether any employment law provision has been
violated by the parties involved in an employment contract. Where it has been found by the

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