employment relations regulation

Employment relations regulation This paper is 80% based on laws and statutes. Everything needs to be referenced from Acas, legislation.gov.uk You need to answer to all 6 questions , and most of the laws needed are on the reading materials attached. I have two more reading materials that I can’t upload... You will find the questions in the word document and the information needed to be included in the answers you will find it in the ppt document . It is very important that the laws referenced to be up to date and the name of the law to be written correct.

EMPLOYMENT RELATION
REGULATION
EMPLOYMENT RELATION REGULATION..............................................................................1
INTRODUCTION...........................................................................................................................3
QUESTION 1..................................................................................................................................3
Brief analysis over indeterminacy of employment relations and factors affecting employment
relation.........................................................................................................................................3
QUESTION 2..................................................................................................................................5
Key feature of contract of employment and main source of UK , EU employment relationship5
European Employment Contract Law.........................................................................................6
QUESTION 3..................................................................................................................................6
Brief summary on how an advise is given for the purpose and scope of statutory trade union
reorganization..............................................................................................................................6
Protection against Discrimination within the Employment Relationship....................................7
Employee’s Rights in the Event of Restructuring or Closures of Companies.............................7
European Law on the Protection of Employees at Work............................................................8
QUESTION 4..................................................................................................................................9
Key terms used in employment involvement and participation. Also strength of employee
voice in union and non-union context.........................................................................................9
QUESTION 5................................................................................................................................10
Briefly explain the differences between conflict and misbehavior at work and between official
and unofficial industrial action..................................................................................................10

QUESTION 6................................................................................................................................10
Explain the role of ADR in solving of dispute.........................................................................10
CONCLUSION..............................................................................................................................12

INTRODUCTION
Employment rules and regulations are those set of points that has been set-up by an organization
in order to make the employees work for them. These rules are also responsible for the
organization to deal with formation of relationship between employers and employee. These
regulations are helpful in making employees sustain within an organization. Also these cover
various aspects that is related to employee and employer. These have a very dynamic nature as
they have tendency to deal with those entire thing related to employment and trade unions. All
these law are based upon concrete laws formed by government for this purpose only. Such
regulations have a very wide scope that makes it very essential element to be used for safety of
employees and employer. This assignment is divided into six parts first part is going to speak
about indeterminacy of employment relations and assessment of factors impacting employment
relation, second part is going to cover key features of contract employment and source of UK
and EU employment relations law. Third and fourth part is going to cover statutory trade union
and strengthening of employee involvement. Part six and five is going to deal with conflict and
methods of solving of dispute.
QUESTION 1
Brief analysis over indeterminacy of employment relations and factors affecting employment
relation
Employment laws are those types of laws which are collection of rules and regulations
that helps in regulation of relationship between employers and employees. Also such laws are
there to guide an employer to hire employee and set-up rules that are required to be followed by
employee within place of work. Also under these laws only employees payment is also take care
that how much he should be paid. These laws are collectively marked under labour law in which
an tripartite kind of relation exist between employee, employer and union. This law also cover
employing entities, trade union and government. Indeterminacy of employment relations means
when a labour is hired through contract to perform a certain activity that has been assigned to
him by the employer. Employment relationship are those type of relationship which are formed
only for the purpose of achieving a task that has been assigned to an employee by the employer
under employment law these relationship exist. Under these laws labour is considered to be a

human being who works in order to help in accomplishing of work and labour power is
considered to be that kind of power or technique that has been used by labour to give an outcome
of task assigned to him. An unitarist approach consists of that interest which has been share by
all the member (Marginson, 2016). This means that all members should work towards a
common goal to achieve. Under pluralism framing of references is focused upon and also
emphasis is paid upon recognizing of different interest with the sub-groups for reducing of
conflict causing problem. This effect employment relation in a manner that it works over solving
of dispute that has arisen because of any kind of problem between employer and employee. Then
in unitarist all work towards a common goal. So, rate of causing conflict is less. This shows that
employment relation get impacts from both the things in different manner. This can be
understood through an example that is if an employee works and is treated in well behaved
manner at work place then he is going to stay and work with more efficiency but if any kind of
problem takes place then his efficiency of work is going to be impacted because of which he has
to suffer over his job.
Factors effecting employment relationship
These are those factors that can influence employment relationship of employment and
there are various factors that has been explained as follows:
Institutional Factor: Under this factor various things are included and they are sate policy,
labour laws, collective bargaining, labour unions and employ’s organization. These are involved
in this factor. These factors affect an employment relationship in a manner that policies formed
under this institution if affect working policies formed in an organization (Al‐Ubaydli and
McLaughlin, 2017).
Economic Factor: In this factor all kind economic institution is involved and also those factor
that helps in generating of finances for an organization. This impact employment relationship in
varied manner. This factor helps in generating of profit and loss within an organization. Also it is
an important factor because it results into up liftmen or progress of an organization.
Technological Factor: These factors impact employment in a manner that all employees are
required to train themselves with latest technologies. As this factor is based upon the

advancement that has been taken place in technology day by day. These effect relationship in
positive manner because it gives and help to employees to achieve their task in effective manner.
Social factor: These are those types of factors those things are included that is related to an
environment of workplace and conflict that can arise between them that can destroy relation of
employment between employer and employee.
QUESTION 2
Key feature of contract of employment and main source of UK , EU employment relationship
Key feature of employment contract these are those type of contract in which an
agreement has been taking place between employer and employee. In other words these are
signed agreement that has been formed between an individual employee and employer or an
labour union. Main purpose of this type of contract is that it makes an clear understanding
between employer and employee over what outcome they are being searching regarding task that
has been achieved. Also such kind of agreement gives an authority to employer to take strict
action if any violation has been done by employee. Also in this contract all rules and regulation
regarding employee’s work has been written. Such contract can be of both permanent and
temporary. In a simple manner these are those types of contract in which an employer hires an
employee to perform an work on his behalf. All such contracts are considered to be valid in tye
eyes of law (Kunapatarawong and Martínez-Ros, 2016).
Key features of these type of contract are as follows
Parties involved under these feature two parties are there that in employer and employee. These
are considered to be an parties willing to have contract.
Job information this is considered to be an basic information about the contract like department,
supervisor and performance evaluation criteria should be there.
Benefits and compensation this is going to include all those things that is going to be required
to maintain employees health and also benefit that is required to be taken care tht has to be given
to employee. Also under this all kind of policies that is followed by company regarding
employees benefit is explained (Zhou, Zhu and He, 2017).

Employee classification In this timing of employees has been classified as per there working
time period and also status of employee is seen that weather an employee is permanent or
temporary.
Non-compete clauses as per this feature agreement is stated that an employee is over a certaing
period of time after they have left. This can be included starting own business in same industry.
Purpose of such characteristic is to prevent employee from poaching. This characteristic i very
important as increase scope of employees.
Sources of law These are those type of sources in which labor law of Europe is there that has
been formed by European community which comes under European Union. This is going to
associate nations of Europe society are required comply with the agreement of an international
Labor Organization that has been affiliated with it. Sources of labor law in Europe ios the
community of labor law. Such associated nation of European society are required and has to
comply with agreement of international labor law Organization that has been ratified. Such
agreement has been directly effected on domestic law of the members states.
European Employment Contract Law
Basis of employment relationship in every Member of sate of European Union is the
employment contract that has been freely concluded under private laws. General rules of contract
that has been used for including of contract. Employment law rules are going to be applied
unless in labor law certain special contract is involved.
QUESTION 3
Brief summary on how an advise is given for the purpose and scope of statutory trade union
reorganization
Summary of employment law
Information, communication and participation Employer’s obligation is to inform upon
concluding of contract. As per the directive that has been given by the commission as a proof of
employment contract obliges the employer to write important points of employment contract and
also to hand over the corresponding document to the employee for two months. After this
commencement of work is at latest. This obligation to inform and documents interoperated
(Noelke, 2016).

Protection against Discrimination within the Employment Relationship
Equal Pay for Men and Women: Member State of the European Community has to guarantee the
relevance of the standard of equivalent compensation for men and women for the same effort or
employment of equivalent assessment. This rule has direct effect and also binds partners to
collective bargaining, employees’ representatives in companies and employers. European law
understands remuneration not only as the wage in itself but also as any other consideration
attributable to the employer which the worker obtains openly or discursively in esteem of his or
her service. The Court of Justice of Europe applies the principle of equal pay strictly
General Anti-Discrimination Law The Anti-Discrimination Directive providing for a general
framework for the realization of equal treatment in employment and occupation prohibits in
Article 2 any indirect or direct discrimination in the employment relationship based on religious
conviction or faith, age, disability or sexual point of reference. The prohibition of discrimination
based on age has a special meaning thereby (Berntsen, 2016).
Employee’s Rights in the Event of Restructuring or Closures of Companies
Transfer of Undertakings: Employees in the event of a transfer of an undertaking, business or
part of a business to another employer as a consequence of lawful relocation or amalgamation,
the rights and duties derived from an existing employment relationship with the transferor pass
over to the transferee by operation of law as provided in the Directive on the Transfer of
Undertakings. The employees also gain protection against dismissals due to the transfer. In
Germany, this directive has been implemented through 613a BGB. In the past, the definition of a
transfer of an undertaking posed a substantial problem in the judgment of the Court of Justice of
Europe and of the German Federal Labor Court.
Mass Dismissals the Collective Redundancies Directive obliges employers to inform and consult
the respective employees’ representative in case of dismissals of a large number of workers
affected for one or more reasons not related to the individual workers concerned within a certain
period of time. It is left to the Member States how to sanction this obligation to consult. German
law has included corresponding provisions of its Dismissal Protection Act for a long time.

European Law on the Protection of Employees at Work
Health Protection and Safety at Work frame work of introduction an improvement of health
protection and safety at work that has an significant impact over an organization in order to
protect employees at workplace in Europe. On the other hand it also contains rules in general
form and equipment of workplace and work organization is an enterprise that aims at avoiding
accidents at work to prevent all kinds of health risks.
Maternity Protection, Parental Leave, Protection of Young People at Work
Maternity protection Directive is also provided as a maternity leave for at least 14 weeks
continuously. It is basically left over the organization that how these leaves can be given at point
of time. This maternity protection Directive provides for prohibition of dismissal throughout an
interlude from the commencement of expectancy in the ending of maternity leave.
In order to protect workers an Working Time Directive regulates has been introduced to protect
Labor Law in Europe over daily working time, rest periods, night work shift work and work
rhythm. Minimum paid is annual vacation is also included in it that is of four weeks (Lee, Brown
and Wen 2016).
Meaning and types of trade union recognition and the consequences for organizations
Trade Union is that kind of organization that has been formed by an group of people which is an
legally organized association has its existence under the eyes of law and is considered to be
legal. These are formed only to protect rights and duties, also interest of the members part of it.
These union are also known as labor union in which an association of worker of a particular
trade is the part of it. These are formed to provide social and political status and take care of
working condition of employees connected to it. It is such an powerful organization that can
benefits all employees of an organization by making them with issues faced by them. There are
various types of trade union that are craft trade union in which all kinds of skilled workers are
involved in it. Then comes industrial union that deals with only industrial labor, white collar
union that is related government offices. Also there is general union that represents industry and
level of skill. It helps an organization by fighting for its employees in getting there rights. Also

deal with problems related to monetary issue also. An organization having trade Union can also
be helpful of collecting over data over employees working in it (Han, Bonn and Cho, 2016).
Difference between voluntary and statutory recognition and the meaning and relevance of
collective bargaining.
Voluntary Reorganization means when an employee has to accept an union without any kind of
proper authority. Salutatory are those types of reorganization under which a an organization
registered has to be identified the employee an then an application has to be send by them which
is an official reorganization for them. Both union works for welfare of labor working in an
organization only. Collective bargaining is the process by which an organization makes such
rules and regulation that has been helpful in maintaining of relationship between employer and
employee. Also plays an major role in making an organization lead towards success and also
promote towards its growth by making better relationship of employees which promotes both of
them to contaribute towards success of an organization
Explain when statutory recognition and derecognition of a non-independent trade union
may occur.
Reason for derogation has to be that an majority of workers is bargaining of unit and does not
support the reorganization of agreements. In other words this can be recognized as derogation is
the process by which an worker working in an organization has to bargain with the unit but he is
not supported by the recognized trade union. Under such situation a worker - or workers - from
the bargaining unit can apply to the Industrial Court for derecognition. The Industrial Court does
not accept the application if it believes that:
QUESTION 4
Key terms used in employment involvement and participation. Also strength of employee voice
in union and non-union context
Employment involvement is focused upon realising of potential within an individual at
work and is required to focus upon employees as individual. Employees participation focuses
upon collective rights of employees to be involved in decision making. In an unionised
organisation some elements are there in which there is employment participation. Major

participation of trade union is that when an decision has to be made over things or working patter
of an organization that is not supported by them. This can impact decision making mechanism
within an organization. This type of partnership approach can be examined with the help of
participation model. Under no –unionise organization concept of employment participation in
this employee are selected to meet management. For the purpose of discussing problems related
to an organization. Purpose of employment involvement and employment participation is to
enhance ideas, creativity and commitment of employees. Partnership can share following
principals of partnership and they are shared commitments for an successful organization,
Recognizing of common interest between them, commitment of employment security, Focus
over quality of working in life, transparency.
Union and non-union
In an union a representative is there who has the responsibility to put forwards the view of
people being there representative. Also it is his duty to discuss important issues to management.
Some key features of trade union representative are he is required to support trade union and
provide full-time employment to employees. He is required to provide legal protection to all its
members. Also he is allowed to paid time off to carry out duties. This is not followed by
employee representative. Trade union representative receives all training from trade union and
not applicable to non-trade union.
Employee Voice
This is the process by which two-way communication has to be achieved and also involvement
of employees in work of an organization is also seen. This process is known as employment
voice. CIPD research has given suggestion that an organization has to seek towards promoting
there employee voice and this can be done through building of strong relationship between
employer and employee. Also this can be achieved through introduction of techniques like email,
individual communication, putting up notice board. All this is going to promote positive
communication within an organization. The basic of communication model can be used to
improvise over techniques of communication between both employer and employee. Good
manager is having appropriate knowledge which requires for business to be competitive. This
can also be said to be a two-way communication. Communication is going to enhance employees

performance in a manner that it is going to make it part of important decisions by promoting him
or her to decision making mechanism.
QUESTION 5
Briefly explain the differences between conflict and misbehavior at work and between official
and unofficial industrial action
Conflict and misbehavior
Conflict is an kind of problem the happens due to any kind of argument which takes place and
misbehavior is referred to as that kind of behavior that has been done to break the ethical code in
an organization. Examples of conflicts are interdependency or task based conflict, leadership
conflict, work style conflict, personality based conflict, discrimination conflict, example of
misbehavior is intrapersonal, interpersonal, production and property.
Unofficial and official industrial action
Unofficial industrial action is that kind of action which has been formed to take action against
the wrong due to which any law has been violated. In these kind of action employee is involved
at larger scale. These kinds of actions are not done in organized way through an trade union.
Example of unofficial industrial action is strike in which the employees are not coming to work
or are sitting with an agreement to sing that consists of there demand. Official industrial action is
that kind of action in which an official format is decided to take out solution of dispute that has
arisen between employees and organization. Example of this kind of action is to file a case
against the company to get compensation. Lot of changes has taken place after globalization
which has changed the pattern of managing of an organization and has promoted various method
to solve dispute in an organization
QUESTION 6
Explain the role of ADR in solving of dispute and managing skills used by coach
Advice coach in order to perform management of dispute

Then advice which can be followed by them is Total Quality Management that is going to help in
improving all over performance of employee and is going to help in increasing profitability. In
these kind of management major focus is over involvement of employee within an organization
because this is going to promote that kind of environment in an organization which is going to
lead towards enhancing of employees capability to work. Also under this there is going to be
improvement in utilization of financial resources as innovative ideas is going to introduce those
strategies that is going to make cost utilization more effective. Due to this strategy product
quality is going to be enhanced. As per this employees are necessary to be involved in decision
making process as they gives innovative ideas. Also various important things are to be kept in
mind for enhancement of skills and they are to improve product and services employee should be
asked to give their ideas upon it. To improve quality every possible method of checking should
be applied from the starting only. Then supplier should be selected wisely and cost should also
be kept in mind. Training should be given to employees for enhancing of skills. Leaders should
give strong leadership advices and motivate the employees. Relation should be made stronger
and barriers should be removed for smooth communication. Action should be taken keeping in
mind accomplishing of task as prime motive.
Distinguish between third party arbitration, conciliation and negotiation
All these three mentioned process are related to ADR which stands for Alternative Dispute
Resolution system. This type of system is related to solving of dispute between two parties
outside the court. It has played very important role in solving dispute with an organization. There
are certain methods in this and they are explained as follows:
Conciliation under this two parties are there who had dispute between each other and they hires
a conciliator to make them come to an conclusion upon which both of them agrees. For example
ASD ltd is having issue with WER ltd over patent rights of the product manufactured by them. In
this case a conciliator can be hired to solve the dispute.
Mediator Under this a mediator is hired to solve the dispute between both the parties. He tries
and makes them agree to a common point. For example Ron is an employee working for ZXC ltd
for a long time and at a point of time they were not realising his salary due to his in appropriate
behaviour. In this situation an mediator can be called to make them come to an conclusion.

Arbitration under this mode an arbitrator is there who listen to both the parties and give his
judgment upon it. This has to be obeyed by both the parties. For example EDF ltd is an
organization and come into agreement of supplying a product under the name of DER ltd but due
to some reason the agreement was not followed and payment issues started coming. In this case
an arbitrator is going to be hired that is going to give judgement after hearing to both the parties.

CONCLUSION
From the above file the concept of employment law has been explained which means that those
laws that has been deal with the employee, there rights and duties. Also in this file relation has
been covered with factors affecting it. Then key features has been explained with regarding the
employment law and provisions in it. Further in the file employment contract has been explained
with UK and EU. Under part three a brief summary has been given about ye employment law
and also covers trade union definition with its types. Then voluntary and statutory recongnization
with detoration has been explained. Further in fourth part difference between employment an non
employment law has been explained in relation to employees voice raised. Difference between
union and non union has been covered in which union is an collective force of all employees
together and non-union is that in employee involvement is more as an individual. In sixth part
coach and skills of managing of dispute has been explained in relation to ADR and also
difference between third party method like arbitration, conciliation and mediation has been told.

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